Non service of warrenty products Non service of warrenty products

5 years ago

i was dealing with a Reputed pump company from coimbatore. i was making with them both the purchase and payment as per specified terms till 30th of december 2017. i have sent them replacement pumps for 1.42lakh on 5th september 2017 and have not received my replacement till 30th december and hence forth i had to pay them 2.66lakh(before replacment). After repeated intimation for service they did not reply.
at the 30th march they said you have outstanding hence we have not done any replacement.I lost hope from the company and hence i said them not to send the pumps and adjust the amount for the same into my account. Furthur by may they sent 20% worth material pumps but non saleable condition and i intimated them this could not be sold.
Again is sent material of Rs.22000 by 30th june for service. They said they would service and send but still they did not send and hence i have to provide new pieces to customer.
Now i hold replacement pieces upto Rs.40000 in my permises. And still 2.5lakh worth material lying idealy my godown and each product carries 2years warrenty.
Now they have served with notice on 25-07-2018 with acknowledgement stating outstanding and request for payment . I am struct with it what to do.
please help me with this for same

G. Santhosh

Responded 5 years ago

A.If you have agreement definately we can claim
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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.kindly reply to legal notice because you have dealing with the said company according to terms and conditions under the contract which made on behalf of both of you . you purchased the said goods as per terms and conditions of the said contract which binding upon both of equally and no one have right to do any act in contravention and breach of said terms and conditions.you have legal right to take legal actions against him . file suit against them and demand damages for loss.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ajit Kumar Sinha

Responded 5 years ago

A.As per your case it is crystal clear that you have dealing with the said company according to terms and conditions under the contract which made on behalf of both of you and you purchased the said goods as per terms and conditions of the said contract which binding upon both of equally and no one have right to do any act in contravention and breach of said terms and conditions hence at first you gone through the recital of said terms and conditions properly and if you may found that there is any breach of terms and conditions of the said contract you have legal right to take legal actions against him within purview of the said terms and conditions against him for damage and compensation both by filing civil suit before the competent court of jurisdiction
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Vidhi Samaadhaan Vidhi Samaadhaan

Ambrose Leo

Responded 5 years ago

A.You have to reply to the legal notice through a Expert Lawyer & you have to send detailed notice on all aspects of the issues as per the terms & conditions and Warranty period & after sale service during warranty period etc., Better to consult a professional Lawyer to guide & help you on all aspects of the issue also protect your interest quickly.
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Vidhi Samaadhaan Vidhi Samaadhaan

Johnson Thangiah

Responded 5 years ago

A.Sir,
You can file a suit for damages before the civil court.
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Vidhi Samaadhaan Vidhi Samaadhaan

Rajeev RJ

Responded 5 years ago

A.You have issue a legal notice to the company for immediate replacement and damages.

regards

Rajeev
RJ Associates
Trivandrum
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