• Recovery of money

I am a retired Engineer building my own Bungalow after retirement.

During the course of construction, one supplier provided faulty products to me.
I had paid them 50 % advance with purchase order and 25 % on the delivery of goods without actually opening the packages.
Now balance 25 % is due to them.

There is no communication between us and supplier is not correcting the flaws/shortcomings.

If I get the Flaws corrected from an alternate source and donot pay the balance 25 % to the supplier, what Legal actions can be taken against me by the Supplier.

Please guide.

Thanks

Deepak Jindal
Asked 1 year ago in Civil Law from Ludhiana, Punjab
We suggest that you should send a legal notice to the contractor wherein you should mention that the packages were faulty and accordingly to replace them orelse he is required to pay you  back the amount paid by you and that you are not liable to make further payments.
After sending the legal notice, you will be secured and the contractor cannot take action against you
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1) have you addressed any letter to supplier complaining about defective quality of goods supplied to you . 

2) offer supplier inspection of goods 

3) request him to replace defective goods . if he refuses return the defective goods and take his acknowledgement 

4) inform supplier that if he fails to replace the goods you would be forced to terminate the contract and balnce 25%would not be paid to him 

5) then you can contact alternate supplier to provide the products and complete work of construction of your bungalow 

4) contract must be containing clauses in this regard
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1) supplier can file suit to recover 25%of balance amount .

2) if however you follow steps enumerated above you can defend the suit successfully 

3)supplier can also file criminal complaint of cheating against you . your defence should be it is dispute of civil nature and no case of cheating is made out
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1. He can file a Recovery Suit and also file a criminal case of cheating against you,

2. You should send him a legal notice asking him to cure the flaws within 7 days failing which you will terminate the contract and will not pay any further amount,

3. After issuing this notice, you shall have some document in your hand to prove your innocense should he files any complaint case against you.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Hello,
1) If you do not post the balance 25% of payment due to the supplier as power the order and the delivery he can file a sort tho recover the amount from you. He can send you a legal notice demanding payment .

2) It is advisable that you send him an email or a letter demanding the correction of the flaws within a stipulated time and inform that on the alternative you will be constrained to get it done through an alternate source and he will be liable for the cost per be deprived of the 25% due to him.
3) After having taken this stand and if he fails to comply you can get the flaws rectified from an alternate source.

4) Do not be concerned about any criminal complaints he can make.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Yes, he can take criminal action against you as mentioned in my earklier post,

2. Since ofence is the best defense, you should file a consumer complaint case against the contractor before your local District Consumer Dispute Redressal forum alleging deficiency in service and unfair business practice claiming   the amount you have paid in advance to him, interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
he can give legal notice to pay remaining 25% after refusal he can file suit for breach of contract or recovery of money. no criminal case can be formed if you have cheated him. 

you should have give notice to him that supply of good is not as par the contract and give him some time to repair but you have failed to do so. you should give details of the expense which you have done in the goods and ask him to pay for it with clear words that goods is not as par the contract and after so many failed attempts to contact you I have bound by you to repair it. 

After receiving of notice he can either pay or demand his due so you have evidence to show before the court that there is no fault from your side and evade yourself from any legal liability.
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
1. No legal action can be taken against you by the supplier as you are not obligated to suffer perpetual detriment to your interests. 

2, You can go ahead and issue a lawyer's notice to the supplier to return your money. If he does not comply with the notice from your lawyer then you can file a case for recovery in the local court to recover your money.

3. You may also file a criminal case for cheating against him.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
No legal action is made out against you, but when people abuse the law they go to any extent. So the supplier may lodge false complaints for assault, etc against you if he is a chronic litigant or hardcore criminal.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Dear Querist
the supplier may only initiate civil action against you after sending a notice to you if you will not make the payment then he may file a civil suit for recovery against you before civil court.

No criminal Complaint can be filed against you before any criminal court on this ground.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

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