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Ruaani Ahmad Baba (Student)     19 May 2015

Contract case

 

Facts of the case:

A well-established company one day made it public that in order to dispose of its old stock of refrigerators, and to purchase a new stock, it made on offer to sell the refrigerators for 40% discount. Z a person goes to their outlet and pays 70% in advance and books all 5 refg. left and promises to pay the rest of the amount at the time of delivery. A day later when he goes to the shop to make the rest of the payment, the sales manager informs him that only 1 refrigerator is left for him while he had booked 5. In the meantime, P, another person comes and the sales manager delivers the reserved 4 refg. to him. Z refuses to take one ref. and fed up of all this, sues the company. The company in the meantime was almost bankrupt.

Q1. How will Z deal with this matter?

Q2. Being an advisory consultant of the company, how will you advice the company regarding this case?

Q2. Being an advisory consultant of the company, how will you advice the company regarding this case?



Learning

 4 Replies

Advocate Ravinder (Advocate/Attorney)     20 May 2015

Q1. How will Z deal with this matter?

---You can file a consumer case against the company. You will get your money along with interest and damages. And also inform about this incidence to the Registrar of Companies.

Q2. Being an advisory consultant of the company, how will you advice the company regarding this case?

---Answered above.

T. Kalaiselvan, Advocate (Advocate)     24 May 2015

Z has to approach a consumer forum to redress the grievances cause by the company along with damages for mental agony caused by the company and other costs. 

As an advisory to the company, one should advise the company to refund the client's money without further delay and arrive at an compromise with regard to other legal issues in this connection.

S K KARNjhc (Legal Adviser)     26 June 2015

I do agree with learned advocat

Amol Kende (No)     28 June 2015

I agree with all but here company is bankrupt now then we only can file the ptn against co. is fair or consumer redressal is fair hence deposited funds need to recover primarily i suggest as Z refuse to take 1 ref which offerred by co. that time only he need to take back his mony now he can but legally its counter reject offer and its acceptance and hence mony can claimable


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