• Contract act

Goods Sold to a customer and he has returned it after several months and now he claims payment, our invoice states goods once sold will not be taken back, whether this will amount to be a legally enforceable monetary debt, whether the customer can go to a court of law for a recovery of debt??????
Asked 2 years ago in Civil Law from Tiruppur, Tamil Nadu
1) what are clauses in the contract regarding return of defective goods .

2) generally goods have to be returned within period of 15 days from date of delivery 

3) if purchaser has returned goods after several months you should not have accepted the goods . 

4) what are the reasons mentioned for return of goods? 

5) was any quality chck conducted on goods supplied? 

6) if purchaser files suit to recover payment made by him you have to contest the suit proceedings 
Ajay Sethi
Advocate, Mumbai
38645 Answers
2167 Consultations

5.0 on 5.0

1) you have to as seller deliver the goods to purchaser if advance payment has been received by you 

2) it is not responsibility of the purchaser 

3) if you have supplied the goods at address mentioned of purchaser in invoice and purchaser did not take delivery of the goods then purchaser cannot claim refund . 

4) if suit is filed by the purchaser you should take the plea that goods were dispatched but purchaser  refused to take delivery and hence payment was forfeited 

5) it would all depend upon the clauses in your contract whether you can forfeit payment received if purchaser refuses to take delivery of goods 
Ajay Sethi
Advocate, Mumbai
38645 Answers
2167 Consultations

5.0 on 5.0

Yes this is legally recoverable debt for which civil suit for recovery of money can be filled.
Alternatively criminal case of cheating can also be filled.
Devajyoti Barman
Advocate, Kolkata
10728 Answers
132 Consultations

5.0 on 5.0

Goods Sold to a customer and he has returned it after several months and now he claims payment, our invoice states goods once sold will not be taken back, whether this will amount to be a legally enforceable monetary debt, whether the customer can go to a court of law for a recovery of debt??????
If the conditions stipulate that goods once sold cannot be taken back until and unless the warranty or other conditions of contract is violated, the buyer cannot seek relief of refund by dumping back the goods to the seller. 
Has the goods been returned in the same good condition and whether the gooods is perishable item or non-perishable?
However, the clause in the invoice is binding, hence you can challenge his claim accordingly.



Company issues a Purchase Order and pays advance against the purchase order but they have not taken delivery of the goods, multiple requests were made through email to take the goods but there was no response now they a claiming the payment to be made to them, can it be a legally enforceable debt can they go for a court of law for a recovery of debt???
If they have made the payment but have not taken delivery then it becomes the responsibility of them however since the goods have not been delivered it becomes your duty to deliver the same as per the agreement since the payment has already been made.
You may see if there is a clause to deduct and refund the sale consideration amount in such event.
T Kalaiselvan
Advocate, Vellore
28635 Answers
299 Consultations

5.0 on 5.0

1. Goods cannot be returned, more so after months from the date of delivery, if the invoice does not permit the return. 

2. If he goes to court for recovery of money the defendant can contest it on the ground.

3. If the delivery of goods has not been taken the company has a good case to claim the refund of money but it has to justify the delay in making the demand of the amount. If the delivery of goods was refused from the outset it manifests that the company did not intend to take the delivery.
Ashish Davessar
Advocate, Jaipur
21768 Answers
595 Consultations

5.0 on 5.0

The delivery of goods has to be either specific or implied. However, the goods are to be returned only within the periphery of the contract, if any, executed between the parties. 
Ashish Davessar
Advocate, Jaipur
21768 Answers
595 Consultations

5.0 on 5.0

Hi, you have dispatch the goods to them in spite repeated request they have not taken the goods so now they have no right to claim the amount. 

2. Once the purchase order has been raised and sent them it is their duty to receive it unless the goods supplied by you is substandard.
Pradeep Bharathipura
Advocate, Bangalore
4446 Answers
191 Consultations

4.3 on 5.0

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