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Non delivery of Machinery from supplier post full payment
18-May-2023 (In Labour & Service Law)
Hi. I purchased a machine for setting up a disposable plates manufacturing business and paid in full in January. The supplier had to deliver it within 15-20 days but it has been 5 months now and he hasn't delivered the machine yet and is not answering my e-mails and phone calls. What should be done? Thanks in advance for your valuable response.
Hi,
Thanks for the query. It has be first seen that how was the contract executed. If it was a formal contract then please see the disputes clause in the contract.
If not then there must be communication wherein other party offered to sell machines and you acceped the offer and paid the amount.
The case is clear breach of contract. Remedy available to you are 2 kinds:
First to is file a suit for specific performance (I.e. To enforce the terms of the contract)
Second terminate the contact for non performance and claim damages for loss which includes cost you paid to him and difference in price if any u incurred to purchase machinery from other source.
Above remedies can be sought in court or in arbitration (if clause is present)
But first step is to send a legal notice asking for the remedy you want
Hope it helped
Thanks
Prakhar
Thanks for the query. It has be first seen that how was the contract executed. If it was a formal contract then please see the disputes clause in the contract.
If not then there must be communication wherein other party offered to sell machines and you acceped the offer and paid the amount.
The case is clear breach of contract. Remedy available to you are 2 kinds:
First to is file a suit for specific performance (I.e. To enforce the terms of the contract)
Second terminate the contact for non performance and claim damages for loss which includes cost you paid to him and difference in price if any u incurred to purchase machinery from other source.
Above remedies can be sought in court or in arbitration (if clause is present)
But first step is to send a legal notice asking for the remedy you want
Hope it helped
Thanks
Prakhar
Helpful?
49+
49+
Adv. Prakhar Deep
Delhi | 25+ Answers
CONTACT NOW
1) Legal notice
2) complaint before consumer forum
3) suit for recovery in case they deny to return the money
4) complaint in police station in order to lodge fir against him
for further query you have to contact me personally.
2) complaint before consumer forum
3) suit for recovery in case they deny to return the money
4) complaint in police station in order to lodge fir against him
for further query you have to contact me personally.
Helpful?
29+
29+
Adv. Atul Barthwal
Delhi | 25+ Answers
CONTACT NOW
you have to fie case of cheating an breach of contract against the supplier in the court of law . you can fix meeting with us alongwith all documents so that timely case can be filed and recovery can be made soon .
Helpful?
40+
40+
Adv. Alok Rattan
Delhi | 100+ Answers
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Hi!
Well, what you have to do is now, go all guns blazing, which would mean sending emails (drafted under advise of an Advocate), legal notice, filing a criminal case (first register an FIR), and filing a civil case as well.
Well, what you have to do is now, go all guns blazing, which would mean sending emails (drafted under advise of an Advocate), legal notice, filing a criminal case (first register an FIR), and filing a civil case as well.
Helpful?
28+
28+
Adv. Keshav Datta
Delhi | 25+ Answers
CONTACT NOW
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