Return the goods
2) sue the supplier to recover your money with interest
3) also claim damages for loss suffered by you on account of defective goods
Supplier refuses to refund on defect product
Hi there, We recently engaged with Insta Print Pack PVT Ltd (whom we found via India Mart), to supply us with mailer boxes and upon receiving this order, we discovered significant flaws with the print and quality. The mailer boxes came in the incorrect colour in which they or their ink provider is refusing to take ownership of, making the order an immediate fail, we had the following issues: 1: The quality of print is terrible. Print is not flush with the crease lines and large spaces of white are visible in areas that should show print 2: There is discolouration on the print, brown smudges and specks 3: Card layers are separating, exposing the inner layers of the box and creating gaping areas which is therefore not fit for purpose and unsightly 4: The print is peeling away from the box which looks terribly budget and unsightly. None of these issues were acknowledged in the few responses we received to our email attempts to address the print problems. The boxes are in such bad form that we cannot use them and Insta Print Pack refuse to supply a refund. They have however offered a reprint but at our cost cost of USD100, plus shipping at our cost again. We want a refund on the product and a contribution towards the shipping fees (NZD1350). Our company spent time and money on the product, have nothing to show for it and feel we are owed retribution. What do you suggest we do? Sincerely, Kimberley Fox
Asked 3 years ago in Consumer Law
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20 Answers
We are based in New Zealand. How do we go about suing a supplier in India?
Asked 3 years ago
There must be a jurisdiction clause in your agreement
File suit in court having jurisdiction under your contract
Do you have any agreement with them ?
Also, you may get in touch if you want to initiate mediation proceedings against the supplier to see if he is ready to settle the issue in presence of qualified mediators.
Regards
Its a bit unclear from the information you have provided if you have any written agreement between both of you. However, irrespective of that, I would suggest you send a legal notice seeking refund and compensation within 7 days of the receipt of the notice, for which the issue of jurisdiction wouldn't be an issue. You can just authorize a lawyer to do it and they would send a legal notice on your behalf. Other than that, if they do not respect the legal notice and come down for a settlement or mediation, then the issue of jurisdiction and suing for damages would be dependent on the question of whether there is an existing agreement with a jurisdiction for dispute resolution clause.
You can sue them before consumer court for deficiency of service under consumer protection Act.
Sir, If you need any further assistance.You can approach me through Kaanoon or LinkedIn.
Hi, you can file a suit for recover of money as the material supplied by them is defective one.
Issue a lawyer's notice seeking refund of advance/purchase money paid within one week as the goods supplied suffer from one or more defects. After that file a complaint in District Consumer Forum under new Consumer Protection Act, 2019 under which proceeding are very fast. You will get immediate settlement of claim and damages for mental harassment, cost of complaint and lawyer’s fee. For filing consumer complaint you need not come to India, Draft a GPA in favor of you friend/relative on 100 rupees bond paper giving him power to file suit on your behalf. Take that GPA to Indian Consulate/High Commissioner and get it attested by official there. The GPA has to be in specific format. Send it to the person named in India. He can do everything appointment of Advocate, filing case, defending case etc. for you.
You need to execute a specific power of attorney in favour of a close friend in India authorizing him/her to engage a lawyer and file a suit at the proper court on your behalf. It can be notarized there and sent to your power agent for adjudication (meaning payment of applicable stamp duty) at the registrar's office. Once it is done, your power agent can initiate legal proceedings on your behalf.
The order was placed via email in which I received a quotation, and print template. The only terms and conditions on this quotation is with regards to payment in which we paid in full to begin the order. The order, box details, colour and design information was exchanged via email. There is no information about refunds or returning product or jurisdiction etc on the quote, emails or their website. We have no colleagues or friends in India to act on our behalf.
Asked 3 years ago
Engage a local lawyer in city where supplier is carrying on business and from where he supplied the goods
please note that in india litigation is long drawn and expensive proposition
You first issue a legal notice to the company mentioning all the defects that you observed now.
You can quote the relevant clauses of the agreement by which he is bound to oblige with the specified standard and quality of the products to be supplied.
You can invoke the said clause of the agreement and terminate the contract immediately and demand for refund of your due amount from them
If they don't respond nor comply with the demands made in the legal notice you proceed legally against them in furtherance.
You can engage an advocate in the local where the company is located and proceed which would be the effective way to pursue the matter.
Suing the company at New Zealand may not fetch you effective result.
Without having any reference from anyone in India you would not have been able to get into this contract with the Indian company.
Since the contract details are available with you in the form of email correspondence, that would be sufficient because the company has reciprocated your correspondences.
You may look for an advocate of your choice from this forum also and proceed on the terms of the chosen advocate.
You can contact me if you need assistance I will file the same and get you refund
- As per the Consumer Protection Act, you being a consumer having right to get the refund , if not satisfied with the items delivered to you , and the company cannot refuse for the same.
- Since , the said items are defect and not fulfilled your requirement as per the promise of the company ,then you can send a legal notice for claiming refund the amount
- Further , if no response, then file a compliant before the Consumer forum for getting full refund with the compensation for mental agony.
- Further, if there is no any clause for jurisdiction , then you can even file a compliant in that country where this item was delivered .
- However, as the company is based in India, then you should file the complaint in India. with the help of any relative or nearest one after giving him a simple POA.
The e-mail messages will suffice. As there is no mention about jurisdiction, it is presumed it is India. You may appoint any confidant in India as the power agent.
Dear Client,
You can hire a lawyer based in India and sue the supplier before the consumer forum and can claim the rightful amount. This would be the best option for you.
Thank you
1. You shall have to file a case before the appropriate District Consumer Dispute Redressal Forum or State Consumer Dispute Redressal Commission (depending on the amount of the refund claim) alleging deficiency in service and unfair business practice against the said supplier claiming refund of the amount paid by you with interest, damage and cost.
2. Since you are in New Zealand, you can engage a lawyer in India, get the plaint copy sent to you for appending your signature thereupon before the appropriate officer of the Indian Consulate at your place for making attestation of your signature.
3. The said Plaint signed by you and attested by the Officer of the Indian consulate shall have to be sent to your lawyer in India engaged by you for filing the same before the aforesaid Forum or commission, as the case be.
1. Even being in New Zealand, you can sue the Indian suppyler before Indian Courts by following the steps as advised in my earlier post.
2. Engage an Indian lawyer having expertise in dealing with Consumer Cases in India for the place (town in India) where you want to file the said Complaint Case.
1. You shall have to supply the copies of the emails placing the specific order, acceptance of the Order, supply documents, your complaint about the faulty supply and their refusal to correct the fault.
2. Actually the supplier is taking the advantage of your being in New Zealand apprehending that you shall not take any legal action against them.