Cheating by Supplier in Kalyan/Dombivali
SAJJI MATHEW
(Querist) 14 May 2009
This query is : Resolved
I Mr Ammamuthu Mathiazhan tried to purchase one xerox machine for which I have gave a cheque to Mr T R Menon, for Rs.7,000/- and 7 post dated cheques> total cheques 8 but the supplier withdrawn the amount of Rs.7000/- from the bank and also not delivered the machine as per his promise - within two weeks time.
Besides this, he again put the remaining cheques in the bank and after bouncing, he draged me to court stating that I have not paid him the money even after deliver. But truly speaking he has not delivered the machine and no Delivery Memo related papers were signed by me.
He is fighting the case against many others in Kalyan- Dist Thane in similar cases of fraud and Advocates are aware of this.
In such case what should I do? pls advice as he is draging me unnecessarily to court. I lost not only Rs.7000/-, now time, money for fighting case in the court. I have later on purchased one Xerox machine separately on loan.
CAn you please advice what should I have to handle the matter.
pls reply to me on : sajji.m@rediffmail.com
A V Vishal
(Expert) 14 May 2009
Sir,
What is the reason for issuing 7 PDC, was the agreement to purchase was on Hire purchase/instalment or was it purchase of complete payment. Please give full details to advise suitably
SAJJI MATHEW
(Querist) 14 May 2009
Initially I gave Rs.7000/- cheuq and later 12 cheqes each of Rs.1500/- per month so totalling Rs.25,000/-. He withdraw first Rs.7000/- and later he purposely made cheques to get bounced even without making delivery of the machine at my site.
He lodged a complaint/court case stating he has delivered the machine but these claim is not correct.
Now the matter is under subjudical
Pls advice
PALNITKAR V.V.
(Expert) 14 May 2009
Let him prove that the machine is delivered. If he proves it, then you have a difficult case. If the machine was not delivered you should have issued notice to him immediately. If you can prove that the machine was not delivered, then perhaps you have a good defence. Anyway you may try your luck by filing a case of cheating.
A V Vishal
(Expert) 14 May 2009
Agree with the advise of Learned Palnitkarji.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 18 May 2009
Mr. Planitkerji is absolutely right. U can contact me at _09871158578/09711364956
