Money suit recovery
Sunil kumar.S
(Querist) 14 December 2014
This query is : Resolved
sir
a manufacture has to pay back my money that i have given for purchase of a product & sell to another buyer company . The buyer has rejected the product due to poor qulaity.
The same product i have sent back to the maufacture and requested for my money back, were the manufacture has rejected to pay.
the correspondance stopped on 2011. But i filed a complaint with police station (via online) & the reply below
Mr. Sunil Kumar your complaint/E-mail diary No. 212/CC/E dated 12.08.2013 and your complaints enquiry officer was SHO P.S Mujeser Faridabad. During the enquiry matter was found civil suit nature it was non cognizable offence. Now no action require in this complaint. It is for your kind information only.
let me know if i can still make money reovery suit ?
sunil
Advocate Kappil Cchandna
(Expert) 15 December 2014
Yes you can and you should file a recovery suit....
Kapil Chandna. Adv 9899011450
Devajyoti Barman
(Expert) 15 December 2014
Civil suit for recovery of money is now barred by limitation.
ajay sethi
(Expert) 15 December 2014
suit is barred by limitation
Sunil S Nair
(Expert) 15 December 2014
I endorse above learned experts but seek help of a local lawyer as fast as possible with police case filling details its worth a try
Advocate Bhartesh goyal
(Expert) 15 December 2014
Civil suit for recovery of money is absolutelty barred by limitation .
malipeddi jaggarao
(Expert) 16 December 2014
The police will not take action on complaints with non-cognizable offences and civil nature. They are right.
When the buyer has rejected the material on grounds of poor quality, it has to be sent directly to seller, in which way you are concerned? You have financed the manufacturer/seller to procure goods and he should deal with the buyers directly, why did you come into picture? This is not clear in the query. When the correspondence stopped in 2011, 3 years limitation for recovery of money by legal course might have already over and you do not have any legal remedy. When you have sent back the product to the manufacturer, has he accepted it? I could not understand your role in the transaction clearly. If you have financed the manufacturer, you should limit your activity to that extent only. Throw some more light on these aspects.
Sunil kumar.S
(Querist) 16 December 2014
sir
i am trader and i purchased the switch and sold to the buyer , were the buyer has tested and cnfrmed that the switch is not as per the specification
yes the supplier has taken back the switch and when asked for my payment back they refused to pay. so i seed the help of police to see if i can solve this. but it was not successful
malipeddi jaggarao
(Expert) 17 December 2014
"a manufacture has to pay back my money that i have given for purchase of a product & sell to another buyer company" - your query started with this sentence which is totally misleading the nature of transaction. You are trader, you purchased switch from manufacturer, and sold to X Company. X Company did not pay you, because of inferior quality of the switch. What are the terms of purchase between you and the manufacturer. Is there any warrranty? Simply because it was not accepted by your buyer, only this pretext you cannot claim refund from the manufacturer unless such assurance in writing is given or the material is under warrranty period, that subject to the conditions of warranty. By all means your claim whether it is specifically as per the terms or not, is barred by limitation and you do not have legal recourse. Of course, if you are regular customer to the manufacturer, you can negotiate with him and ask for refund either full or part amount on the grounds of good will.
T. Kalaiselvan, Advocate
(Expert) 22 December 2014
Your chances to bring the claim within the limitation period is still alive on the basis of the police reply. Thus, quoting the police action, you can make convincing pleadings and try your luck.
