Contract Law
karunanidhi
(Querist) 15 November 2009
This query is : Resolved
I havve signed an agreement of sale without reading it under which I purchased a washing machine for Rs.20,000/-. and I paid price in cash. The agreement excluded the liability of the manufactorer for all kinds of defect in the machine. But I did not read that agreement. The machine was totally defective.Can I sue the Manufacturer? advice me....please
Kiran Kumar
(Expert) 16 November 2009
most of us dont read such agreements before siging.
legally the manufaturer can not skip his laibility for manufacturing defects....such type of illegal agreements are in fact thrown out by the courts.
read it carefully again to find who has actually been considered or written liable for such defects.
manufacturer can not indulge into illegal trade practices, u can still sue him.
niranjan
(Expert) 16 November 2009
File complaint before consumer disputes redressal forum.
Raj Kumar Makkad
(Expert) 16 November 2009
Manufacturer shall definitely take the plea of his having no liability in case of defective piece as per agreement in your consumer complaint but no such agreement can be made which is against the general sense or general accepted right of a consumer so nothing to worry if you have signed the agreement without reading the terms of agreement. Move complaint before DCDRF.
Sachin Bhatia
(Expert) 16 November 2009
Definitely manufacturer of washing machine take this as a bigger plea in his defence, But you can still approach to the consumer forum for the redressal of your grievance.
G V S Jagannadha Rao
(Expert) 17 November 2009
Approach a District Consumer Dispute Redressal Forum and file a complaint u/s. 12. This is a beneficial legislation intended for the benefit of innocent consumers and works towards the redressal of grievances like yours. The so called agreement which is unilateral will not be of much help to the manufacturer. In any case dont forget to mention in your complaint that the signature was obtained after payment of consideration and after giving you the receipt for such payment, while giving you guarantee papers etc. The Forum will definitely come to your rescue and direct the manufacturer to either fix the defect or replace the machine.
Dont delay. Good luck!!
