• Suing the seller for defective product

I had bought one Labrador Retriever Puppy from one breeder, and transfer the sale amount of INR 12000 online.
After 2 days puppy stopped eating and fell sick.
When I took that puppy to a doctor, I came to know that the puppy is too weak and diseased.
When I tried to reach out to the breeder, he did not respond to my calls or messages.
The puppy died within two weeks.

Now I want to sue the breeder for fraud/cheating.
Is it possible?
I dont have any proofs besides Bank Transaction and Whatsapp chat records.
Asked 2 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are online now to answer your questions.

19 Answers

Yes you can do that but establishing the offence of cheating in court is not very easy in your case. You can also file case against him in provisions of Prevention of cruelty to animals Act if you can prove that he is cruel to animals in breeding.

Prashant Nayak
Advocate, Mumbai
19774 Answers
36 Consultations

4.4 on 5.0

Hi

Yes you can proceed with a complaint under section 420IPC .

The proofs you have with you sounds suffecient for the complaint.

Get the WhatsApp chats written on a paper and present to the police as evidence.

Thank You

Rahul Jatain
Advocate, Rohtak
3392 Answers
4 Consultations

4.9 on 5.0

1) litigation costs will out weigh amount sought to be recovered by you

2) if breeder deliberately sold you weak and diseased puppy you can recover compensation

3) you have to prove puppy was weak and diseased at time of sale

Ajay Sethi
Advocate, Mumbai
75976 Answers
4544 Consultations

5.0 on 5.0

Iy would be very difficult to prove that the puppy was sick even before you purchased it.

However if you have any certificate from the veterinary surgeon on that regard then you can consider filing a case before the consumer forum seeking damages and compensation.

Devajyoti Barman
Advocate, Kolkata
20290 Answers
287 Consultations

5.0 on 5.0

Aap ne docter se pata kya ki ye kiya days she ill hoga ? Ager aapke bought karne se phale ill tha to aap breeder ki complained jar sakte hai .ok

Ravinder Mehra
Advocate, Rohtak
12 Answers

4.0 on 5.0

Hi,

I think this is wastage of time for suing the breeder.

You would have checked the health condition of the dog before taking the delivery. Dog is not a commodity and he can not be sued.

Vimlesh Prasad Mishra
Advocate, Lucknow
6575 Answers
22 Consultations

4.9 on 5.0

See, firstly, I would like to tell you that I am also a dog love and having 4 street dogs at my home.

Secondly, I advice you to always go for the adoption of street dog rather than going for the high breed dogs so that these kind of breeder would not get something out of it.

Thirdly, puppies are more prone to the disease than the little grown one, so don’t think any solid way to catch up that guy.

Fourthly, if you can bring some more person who can say that the breeder did the same with you then we can move before the authorities to take action against him as he is just doing it for the purpose of money.

Sanjay Baniwal
Advocate, South Delhi
5261 Answers
13 Consultations

5.0 on 5.0

The records that you have are enough to book a person for cheating. Go for Consumer case instead.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

4.9 on 5.0

you have many witness/proof against him

1.online payment 2.Doctors prescription

3.Your watsupp massages with the seller

firstly take a print out of your watsup massages and online payment and lodge a complaint against the seller to the police station & ACP after narrating all the facts along with the above said papers.

Then wait at least one week from the date of police complaint.

If, no action taking place then file a case for lodging FIR against him in the court on the ground of police complaint.

You , may also personally file a complaint with the consumer court for the recovery of the amount along with compensation against the seller for his fraud services . If,you opt to file a case before the consumer court of your area , then before filing send a notice to the seller after stating the same facts as i mentioned above. Sure you will get relief .

Good Luck and dont forget to Rating

Mohammed Shahzad
Advocate, Delhi
3428 Answers
39 Consultations

5.0 on 5.0

Dear friend, first of all you have to see the warranty and guarantee clause from the website from where you have purchase the puppy, because nowadays it's a buyer who has to be Cautious while purchasing articles from the website. No so far as your question is concerned if there is clause on the online website then you may proceed to file a complaint in consumer forum because what has been sold to you comes under the definition of customers and good services.

Secondly you can also approach the consent of party to sue the breeder under the provisions of prevention of cruelty of animals that but for that purpose you have to prove that the The breeder is in the habit of selling animals who are sick and weak.

Atul Shahi
Advocate, Allahabad
159 Answers
1 Consultation

4.0 on 5.0

1. Bank transactions and Whatsapp chat messages also admissible evidence.

2. You can make complaint with Cyber crime police.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Hi,

The proof of bank transaction can be collected via bank statement and your may proceed with that. Also, you may sue the breeder/seller for the said acts.

Ganesh Singh
Advocate, NEW DELHI
5009 Answers
9 Consultations

4.5 on 5.0

It would be very difficult to prove that the puppy was sick even before you purchased it. so you should leave this matter coz it's not easy to proof him as a cheater in court and also you will loss your money on court case.

Ishan Sid
Advocate, Gurgaon
9 Answers
2 Consultations

5.0 on 5.0

1. The only evidence you have is of remittance made to the breeder, but this does not prove that the pup was weak and diseased when taken to a doctor. If you say that you were given a diseased pup the breeder will deny it and say that the pup was fine and died due to your neglect. It wont get you anywhere.

2. Most of the breeders are selling diseased dogs who are unable to adjust in the Indian climatic conditions. The governments in many states have now launched programmes to promote adoption of street pups who get crushed under wheels most of the time instead of shopping from breeders.

Ashish Davessar
Advocate, Jaipur
29554 Answers
850 Consultations

5.0 on 5.0

Remedies are available to you under the Prevention of cruelty to animals (Dog Breeding and Marketing) Rules 2017 and selling a sick puppy is a contravention of the said Rules.

Did the Breeder provide you any medical records/vaccination records of the puppy at the time of selling ?

How old was the puppy when you bought him from the breeder ?

It appears that a sick puppy was sold to you.You may file a complaint with the concerned State Animal welfare Board.In addition to this you can file a criminal complaint as well .

R Aditya
Advocate, Delhi
68 Answers
3 Consultations

5.0 on 5.0

Send him a legal notice for this deficiency/defect and seek refund of payment made by you together with damages and the expenses incurred by you on the puppy.

Approach the consumer court, in case the legal notice fails to help.

Vibhanshu Srivastava
Advocate, New Delhi
8980 Answers
162 Consultations

5.0 on 5.0

Hello,

You may file a case against him at the consumer forum

Issue a legal notice to the breader

This act of the breader amount to unfair trade practice towards the customer

Issue a legal notice to the breeder at the earliest

Regards

Anilesh Tewari
Advocate, New Delhi
17744 Answers
290 Consultations

5.0 on 5.0

Is puppy a product?

Did you get an assurance that the puppy will be alive for ....... period?

Is there a contract guaranteeing puppy's longevity?

Is there a contract which had intention to deceive you?

Answer all these questions before proceeding to file a case.

Rajaganapathy Ganesan
Advocate, Chennai
1738 Answers
8 Consultations

4.9 on 5.0

There is no guarantee for life of any living being.

It was your fault to not to properly check the animal before buying it.

You paid a good amount for the animal, you could have paid a little more to check its health and also other details about its vaccination and other routine health issues, including its conditions of teeth, age and any other relevant details before venturing into the purchase.

Since there is no guarantee for the life, you cannot hold the seller liable for this unfortunate event.

Any legal action proposed to initiate agaisnt the seller shall not be maintainable in law, it will be mere waste of time, money and energy etc.

T Kalaiselvan
Advocate, Vellore
65940 Answers
861 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer