Didnt receive the imported modular kitchen, as per the order.
dhamal
(Querist) 27 March 2013
This query is : Resolved
Hi respected lawyers,
I had bought a modular kitchen from a vendor in August 2012 for 3.5 Lakh. The kitchen was to be imported from Italy and according to the agreement signed, it was supposed to be delivered to me within 120 days. I finally received the kitchen in end of March 2013 , i.e 7 months (210 days) after paying them in full. To my surprise the colour of the kitchen is not the one that I had finally agreed to in the agreement signed. And also the finish quality is the cheaper one, whereas I had opted for the higher quality. I have all the details on colour, quantity and finish quality included in the agreement signed. My question is, what should I do now ? I am going to ask the vendor to pay heavy compensation. But in case, if the vendor is not willing to pay the compensation amount that I ask for, what should I do ?
Requesting all to please help me.
ajay sethi
(Expert) 27 March 2013
issue legal notice to the seller . mention the colour scheme ordered by you and the fact that produce delivered is not as per your specifications . ask him to refund your money and take back the modular unit supplied . also ask for compensation .
Adv k . mahesh
(Expert) 27 March 2013
its good to issue legal notice
one thing can you explain how do you know that it is cheaper quality do you have proof of variation and also enquire with other vendor about the quality and go for legal action if there is no response then go to consumer forum for compensation
Advocate Bhartesh goyal
(Expert) 27 March 2013
Issue legal notice to vendor and ask him to replace newone kitchen as per your order and pay compensation towards mental agony and if he does not comply with notice than file complaint before District Consumer Redessal Forum .
dhamal
(Querist) 27 March 2013
Thank you very much Mr. Ajay Sethi, Mr. K Mahesh and Mr. Bhartesh Goyal, for your valuable suggestion. I will talk to the vendor and come back to you.
@Mr.K Mahesh - I know its the cheaper quality, because earlier I had asked for quotation of that cheaper material and I was given a quotation of 2.5 Lakhs. but I didnt like that quality so I moved to a better quality and was quoted 3.5 Lakh.
Adv k . mahesh
(Expert) 27 March 2013
means you have that quotation receipt to fight the case in the consumer court
prabhakar singh
(Expert) 27 March 2013
"My question is, what should I do now ? I am going to ask the vendor to pay heavy compensation. But in case, if the vendor is not willing to pay the compensation amount that I ask for, what should I do ? "
ANSWER:
FILE A CONSUMER COMPLAINT CASE IN FORUM FOR THAT.
Raj Kumar Makkad
(Expert) 28 March 2013
If there is an arbitration clause in the agreement then first avail it after serving the notice and observing his response thereto and thereafter you may initiate action accordingly.
dhamal
(Querist) 28 March 2013
Thank you Mr. Prabakar and Mr. Raj kumar Makkad for your reply.
I talked to the vendor and he is not talking properly to me and not ready to do anything. He is telling me, do whatever you want to do and go to consumer court. I am totally frustrated.
My last question : Can I get the kitchen installed and then file a case against him ? because I don't know how long the case will go on. and I desperately need the kitchen. Request you all to please help. May I also know how much will I have to spend on the case and approximately how long does it take for the case to reach conclusion? I stay in Hyderabad.
prabhakar singh
(Expert) 28 March 2013
The length of time would be dependent on pendency of cases with forum as well as courage to litigate by your opponent up to
supreme court and it may exhaust a decade at least. Installation is not advisable in my view if it is not up to the mark.You must have not accepted the very delivery if it was not as per order.
