Legal remedies consumer have for breach of warranty in Indore
Under the Indian Sale of Goods Act, 1930, which governs the sale of goods and related warranties, there are specific legal remedies available to the buyer in case of a breach of warranty by the seller. Breach of warranty refers to a situation where the goods sold do not meet the promised or implied standards, quality, or condition. Here are the legal remedies available to the buyer. I’ll provide you with more detailed information about the legal remedies available for breach of warranty under the Sales of Goods Act, 1930, in India:
- Damages: When there is a breach of warranty, the buyer is entitled to claim damages from the seller. Damages are meant to compensate the buyer for any financial loss incurred due to the breach. The measure of damages is generally the difference between the actual value of the goods received and the value they would have had if they had met the warranted standards. This compensation can cover direct losses and any consequential losses that result from the breach.
- Right to Reject the Goods: If the breach of warranty is substantial and goes to the root of the contract, the buyer has the right to reject the goods. This means that the buyer can refuse to accept the goods and demand a refund of the purchase price. The buyer should exercise this right within a reasonable time of discovering the breach.
- Repudiation of the Contract: The buyer can treat the breach of warranty as a repudiation of the entire contract. This allows the buyer to terminate the contract and return the goods to the seller. The buyer can then claim a refund of the purchase price and any additional expenses incurred due to the breach.
- Specific Performance: In certain cases, the buyer can seek a court order for specific performance. This means the court can compel the seller to fulfill their warranty obligations and deliver the goods as promised. Specific performance is an equitable remedy and is usually granted when damages are an inadequate remedy.
- Deducting the Cost of Repairs: If the goods can be repaired and the cost of repairs is reasonable, the buyer may choose to keep the goods and deduct the cost of repairs from the purchase price. The buyer should inform the seller of their intention to do so and provide evidence of the repair costs.
- Claim for Price Reduction: The buyer can also claim a reduction in the purchase price to account for the diminished value of the goods due to the breach of warranty. This is applicable when the buyer decides to keep the goods despite the breach.
- Implied Conditions and Warranties: The Sales of Goods Act, 1930, provides for certain implied conditions and warranties in every contract of sale. These include implied conditions about the seller’s right to sell the goods, the goods’ correspondence with description or sample, and their quality and fitness for a particular purpose. In case of breach of these implied terms, the buyer can avail themselves of the aforementioned remedies.
- Notice of Breach: To exercise these remedies effectively, the buyer usually needs to give notice of the breach to the seller within a reasonable time after discovering the breach. The notice should specify the breach and the chosen remedy.
It’s crucial for buyers to understand their rights and options when faced with a breach of warranty. Consulting with a legal professional or a lawyer in Indore, who specializes in contract and commercial law can provide personalized guidance and ensure that the appropriate legal steps are taken to protect the buyer’s interests.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304