You can file complaint against dealer from whom you purchased the defective fridge
make company party to the case
seek orders to direct dealer to replace the fridge
seek litigation costs and compensation for mental torture undergone by you
Can a dealer file a complaint in consumer forum against another dealer?
Hi. I am a retailer of electronic goods. I had purchased a refrigerator from another dealer in Sep, 2021 for further reselling to customer. It was opening of my shop so purchased from dealer not from distributor. In May 2022 I sold the fridge to customer. Bill was made & amount was paid. Customer wanted to check the fridge. We switched on and found that there was no cooling at all. I had to give another fridge of higher cost in same price to customer. I filed a service request in whirlpool customer care. after 3-4 days 2 persons came and tried to repaired the fridge for around 7 hrs but in-vain. Still there was no cooling. They went by saying that they would come back again in 2-3 days but they never came. After that I filed 3-4 more service request but now they started saying that I am not a consumer and I have not purchased from authorized distributor so warranty is not covered. I have to pay. I agreed to that also. But no body came. They gave a contact of a senior employee of whirlpool. I spoke to him. I told him the shop name from where I had purchased. By hearing seller name he confidently said the fridge is one of the item dumped by the company in market due to any defect or any other reason. He said it every time a contacted him. He concluded that neither me not the end consumer would get the warranty of the fridge. Then I contacted the seller. As expected he denied the whatever was said by whirlpool employee. He assured me of repair of the fridge. But till date nothing happened. That defective refrigerator is still in my shop. I would have repaired and sold it but if whirlpool employee is saying true then my customer also won't get the warranty. So it's complete loss for me in terms of money & in terms of reputation. Purchase cost of fridge is 13400 including GST. I informed the seller that I'll be filing complain in consumer court. He said- "Dal do. Jaldi Dalo." I feel cheated. What are my options? Being a seller myself can I go to consumer court against that seller?
Asked 2 years ago in Consumer Law
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7 Answers
As you are not the consumer you cannot go against him in the consumer forum.
However you may give a legal notice and then file a case against him in the district court.
Consumer does not include a person who obtains such goods for resale or for any commercial purpose as per Section 2 (d). But way do you claim that you are a resaler. Approach District Consumer Commission under new Consumer Protection Act, 2019 as direct user for home. However, you can always file a civil suit against seller for cheating.
If you have purchased the same for reselling then you will not be termed as consumer
you need to file civil suit
I'm sorry to hear about the situation you're facing with the refrigerator. As a retailer of electronic goods, you have the right to file a complaint against the seller in the consumer court if you feel cheated.
Firstly, you can send a legal notice to the seller stating your grievances and asking for a resolution within a specific period of time. If the seller fails to respond or resolve the issue within the given time, you can file a complaint in the consumer court.
Since you have a bill and proof of purchase, you have a strong case to file a complaint against the seller. You can also produce the statement made by the Whirlpool employee as evidence to support your case.
As per the Consumer Protection Act, 2019, a person who buys goods for resale or commercial purposes is also considered a "consumer". So, as a seller yourself, you can still file a complaint in the consumer court against the seller from whom you purchased the refrigerator.
You can approach a consumer court with your complaint and seek compensation for the purchase price of the refrigerator, as well as compensation for the loss of reputation and mental harassment caused due to this issue. The court may also direct the seller to repair or replace the defective refrigerator.
It is recommended that you consult with a lawyer who has experience in consumer law to assist you in filing your complaint in the consumer court.
You are not the consumer hence you may not be eligible to appraoch consumer forum for deficiency of service.
However since the seller had duped you by selling the damaged piece, you obtain a certificate from a service engineer about this and get the seller dragged to police station with a criminal complaint stating that the seller is inducing in this type of fraudulent activities by cheating the buyers by selling the defective items.
Subsequent to that you can even file a suit for recovery of damages towards the sale of defective product against the seller and drag him to civil court also besides pending criminal case.
- You can send a legal notice to the company for the said defective refrigerator , and ask for the refund of the amount
- If no response, then you can file a compliant against the company for the same and to claim compensation amount for the harassment .
- Since, you have purchased that item from the company , then you can file your compliant against the company .
