Online product ordered and cancelled by buyer but money not returned

553 votes

As a buyer/consumer you have every right to reject a defective product but in this case. The seller made a public offer to sell his product and you accepted the offer through online portal and the seller dispatched the product. You already received the product? Is the product not confirming to the one advertised by the seller?

Sale of goods act provide buyer with ample opportunity to check the product before taking delivery, if buyer has not examined it before. If buyers are not given sufficient chance to examine the goods, buyer always has right to reject the goods. What exactly your query, are you looking to know about the clauses mentioned by you in your query or anything relevant to the product you bought from the said seller through online portal.

Advocate Shobhan M P LawRato

953 votes

Before getting into the sections, in your case cause of action is missing, you are jumping the gun based on some one views, cause of action starts only when you get affected ,and deficiency in service starts, till such time you have no case at all. In your case you have not repudiated the contract, if the company decides to move legally you have to face the music. The said section of sale of good act affirms the same.

Advocate RS Raghavan LawRato

994 votes

The sections referred by you are not in your favor.
Howevr section 59 and 60 of the same act shall be appicable to your case, the provisions of which are given below:
9. Remedy for breach of warranty.—
(1) Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may—
(a) set up against the seller the breach of warranty in diminution or extinction of the price; or
(b) sue the seller for damages for breach of warranty.
(2) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he has suffered further damage.
60. Repudiation of contract before due date.—Where either party to a contract of sale repudiates the contract before the date of delivery, the other may either treat the contract as subsisting and wait till the date of delivery, or he may treat the contract as rescinded and sue for damages for the breach.

Advocate T Kalaiselvan LawRato