N I act.138
Dr.Gaurang N. Gandhi
(Querist) 17 November 2009
This query is : Resolved
If there is a contract performed by two parties regarding sell of goods at certained quality and as per the agreed prise. the buye handedover a cheque for the same at full payment in advance.
Now the saller delivered the goods in infirior quality.
In there agreemnt the saler is agreed to deposit the cheque only after delivery of the goods.
on delivery the buyer called the bank for stop-payment regarding the cheque handed over to the saler, by giving the ssaid cheque number.
at the same time he also inform the saler not to deposit the said cheque in the bank on the reason that the goods is not as per the sample quality.
dispite of that the saller deposit the same cheque in bank for payment of that.
the cheque is returned on the endorsement of stopped payment..
ON this the saller filed a suit in court.
Q1. can he has right?
2. what are the remedies for the buyer?
3. any extra suggestion both the side for saller and the buyer side.....
s.subramanian
(Expert) 24 August 2010
If the goods are of substandard quality the buyer can return them. The seler cannot insist on taking delivery.
