Machinery dispute
Querist :
Anonymous
(Querist) 30 January 2011
This query is : Resolved
Dear all
Here with i am representing my dispute with customer.
1) before a year ago i was just entered in business of machine manufacturing and automation services. at a starting level i did all my work without any commercial process or without on paper documents and payments. all of transactions were done either cash or on the personal bank savings account. and without any bills or any purchase order or any delivery challan or no any blank paper agreement. in short i can not be called manufacturer company.
2) i got one customer for a new machine developed which is not available @ India. we were bound by mutual understandings for machine development. also agreed for pay for any additional work which is not included in quotation. i had just mailed a quotation by personal name and address no any latter head format or company name. also got first partial advance cheq. payment without any order confirmation mail. and other advance payment installation in cash. which was out of advance terms of quotation.
3) during development of machine we faced some issues on some parts of machine.
i informed customer that we cant develop machine with this faulty parts which we purchased, if you are ready to accept machine with other low specification parts, we'll put that and the machine will work no any functional difference but some operating only differ. and we will compensate the amount which we offered.
we mutually got verbal confirmation that there is no problem to use lower configuration parts. and other part was needed some higher configuration which was costing high and customer also agreed verbally for paying that.
4) also we failed to deliver machine on delivery date due to faulty parts. but there was a big deal regarding machine cost at that time. that delay was not much important against machine cost difference which we offered at then customer had no any issue for delaying machine. he was also interested to sale the machines which we developed in Indian market. but i was not prepared for that. customer started behaving strangely. after my decision. we successfully developed machine. machine is working since 6-7months with out any issues.
5)though machine is working successfully we notified customer that there may be some changes remained which can be done after full flange working observation of machine. and again we agreed mutually without any paper doc or any sign/stamp. for that we agreed that if machine works fine for month he'll complete payment amount. and after we'll complete remained changes.
6)after this whole verbal commitments he failed to stick his commitment. he is using machine since 6-7months non stop. he is called for completing balance payment but he twisted at all. and firing on us that due tome he is facing delay in machine and all some non acceptable issues.
7)he called me before 2weeks for required maintenance service. i told him clearly that complete your balance payment and be ready for service charges per visit for machine inspection. warranty only includes replacement of parts no labor.
8) he started torturing me like I'll claim you for 10 times of amount of loss which is facing/ refund of machine or replacement of machine. he also sent me a lawyer's notice regarding issues. but not mentioned those needs or
9) now he called me for settlement after not replying his notice. he is requiring those higher configuration parts in machine which was rejected for functionality. or refund.
10) i had already a heavy loss of development of machine for those faulty parts and also loss of time which we have to spend for the machine. another thing that there was some deal about pirated software for machine work which he gave us to do work to save his money we worked for 4-5months. all the machine took3-4months to get ready and for trial.only configuration was needed to set at point by working experience of machine.
11) i am not even able to go thoru law and court this matter slaps me against my family and my society. i am not ready by financially or mentally.
i am very frustrated by this matter what to do.
should i ignore all of the things,
even he is not having any paper of my machine purchase only 2lac is on account and remained 5lac payment is on cash without any receipt or stamp. he is not completed payment of 50K
PL advise me.
9974132507
Querist :
Anonymous
(Querist) 30 January 2011
Whole matter is verbal only e-mail quotation shows some of technical flying configuration. and even no hard copy of quote is submitted. and not received any purchase order. and not even billed for the machine. and the disputing thing is he didn't paid me for my work
whatever he paid that was either in parts or in installments. was out of quotation terms.
9974132507
JT Rajasuriya, Chennai
(Expert) 30 January 2011
Under the circumstances, I don't believe he can take you to court for want of licene or warranty etc. as he himself knew your conditiona and an ingenious machine was produced.
However, if any of your action appears to cheat him or make him cause huge loss owing to your indifference he may sue you for the same.
Kindly consult a local lawyer to advise you.
Querist :
Anonymous
(Querist) 30 January 2011
thanks for your reply sir.
Querist :
Anonymous
(Querist) 30 January 2011
any other opinion or possibilities//?
mahinder kumar
(Expert) 01 February 2011
JUST FORGET THIS AS DREAM-- WITHOUT PROOF HE CANT DO ANY THING - NOW U DONT GIVE WRITING WHICH LOOKS LIKE ACCEPTANCE OF PAST. DONT ASK YOUR BALANCE PAY TOWARDS SALE OF M/C --- REPARING & AND MAIN. CHARGES OF M/C-- ONLY . SEND A BILL MENTION THAT WE DONE REP. OF YOUR M/C-PLS PAY ,,, SEND REMINDER BY GOVT.POST ON 2/3 TIMES EVERY MONTH, WHETHER HE REPLY OR NOT--U JUST ASK YOUR MONEY-- KEEP ALL RECORDS OF YOUR REMINDERS.WITH YOU...IF U FEEL U MAY AFTER SOME FILE A COMPPLAINT AS PER LAW.BUT BUT REMBER DO NOT AGREE WITH HIM THAT SOLD THE MACHINE AND NOW IT IS NOT FIT. FORGET THAT MTRE.TAKE AREST. STILL FEEL TO ASK CALL--MAHINDERBHARTI@YAHOO.CO.IN
Querist :
Anonymous
(Querist) 07 February 2011
Dear mahinderbhai,
Very much Thanks for your valued reply.
sorry sir but, now the situation is getting worst, he is torturing me like, and showing his money power that.
my customer: " i can do any thing with money, I'll ruin you, will make police complaint n police are very close to me, will be in my fever, n I'll pay police for harassing you, if police wont then also other don's contact n all they people will ruin you"
again m getting very tired of this things. i don't want any dispute but he is not ready to listen anything. he is very angry without any proper reason! sir Pl help me what to do.
i lost trust over the system of this country.
cant see any hope
give me right favorable suggestion
Querist :
Anonymous
(Querist) 26 February 2011
Dear all,
Recently i got a call from police station and officer told me to come up and explain the issue. we will try to solve. like, and i gave my present at police station with my lawyer, he also came police station on call of police. with his lawyer his lawyer offered that if we are giving confirmed configuration of machine(which is not possible due to rejected part of machine, need to install imported part which costs half of machine) and one service. then only the payment will be released.
moral: no any payment they want to make and they asking for service. and after service who is going to satisfy him. what guarantees that he'll not ask for service in future. already his warranty period has gone on 1st January 2011. i didnt gave any delivery challan and any letter which verifies delivery date.
