Received a Legal Notice for not repairing a machine sold by us.
15-Oct-2023 (In Criminal Law)
Dear Sir, we got a legal notice stating that the machine which we sold to our customer was not working properly. It said our customer called our service person to fix the issue or else replace the machine but the service person didnt attend him due to which it has caused damage to him. The notice demands us to immediately repair the machine or else replace it within 15 days.
REALITY : Sir our customer never complained regarding the quality or the working of the machine. Whenever he called our service person, he expressed his desire to resell the machine as he was not able to do the business very well with our machine. And asked us if we could provide him with any customer who requires a used machine. If he had complained regarding the working of the machine, our service person would immediately attend him although we dont provide any declaration for the same.
Sir we need your guidance as to how we could prove his mischief
Thank you
Murtaza
You have to bring prima facie evidence before the court as regards the conduct of the customer to whom you have sold your machine that the customer has kept Blatant lies before the Court/Consumer forum.
You have to prove in court through concrete evidences that the customer had never complained regarding the quality or working of the machine. Infact, whenever he called your service personnel, he stressed upon the fact that he wants to resell the machine as his business was not going good and enquired with your service personnel for any of the potential customer who can purchase from him a used machine.
You have to prove that the case is not of 'Defeciency of Service but of malicious intent of the customer to extort money from you by defaming your Business. You can file a Defamation Suit against the customer to define you & your Business.
You have to prove in court through concrete evidences that the customer had never complained regarding the quality or working of the machine. Infact, whenever he called your service personnel, he stressed upon the fact that he wants to resell the machine as his business was not going good and enquired with your service personnel for any of the potential customer who can purchase from him a used machine.
You have to prove that the case is not of 'Defeciency of Service but of malicious intent of the customer to extort money from you by defaming your Business. You can file a Defamation Suit against the customer to define you & your Business.
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