You are here:

Indian Law/Defect in purchase of second hand goods

Advertisement


Question
Respected sir
If I purchase a product from someone (who has already used it) and after sometime there are defects or problems occurring in that product, What can I do according to Indian law for this?
Does the seller hold any liability in this?
Am I solely responsible for all defects ?
I MUST SPECIFICALLY MENTION HERE THAT THE DEFECTS IN THE PRODUCT HAVE OCCURRED ON ITS OWN AND NOTHING HAS BEEN DONE BY ME PERSONALLY.
Is there a law/Act/rule in Indian Legal system/Constitution about sale of second hand goods?
I request you to help me sir. Thank you.

Answer
Dear Abhinav
All sales of movable goods are governed by the Sale of Goods Act. You can file a case against the seller in the consumer court . But remember that you will need to prove that the damage was already there when you bought the product. The seller will very well argue that the product was alright when it was sold to you. Being a second hand product, it will be very difficult to ascertain the damage. But if you can prove your innocence, then definitely you have a fighting case at hand. Please consult a good lawyer in your locality who will be able to help you better in this regard.  

Indian Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Advocate Manoj Ambat

Expertise

I can answer any questions concerning Indian Law, that may include Criminal, Civil, Matrimonial, family laws, consumer contracts, agreements personal laws including Hindu Laws and banking laws in India. I do not specialize in tax laws. DISCLAIMER: The profile and the answers given above by the expert are in conformity with the guidelines laid out by The Bar Council of India and is not intended as a means of Personal promotion nor as an Advertisement of services provided by this expert as an Advocate. The questions answered herein are free in nature and are in conformity of the legal aid programs of The Bar Council of India. Please also note that the answers given are specific to each question specified by the questioner and details provided by the same which may not reflect on the actual problems faced by the questioner. Hence it is advisable to personally consult a good Advocate/ Lawyer in your locality for solutions to your problems. The expert and this website does not undertake the accuracy of the answers herein given and the questioner's discretion is advised. FOR THE READERS: The answers given herein should not be considered as a general answer and are specific to the questions asked herein.The answers are only just path finders that leads you on the correct answers. It is always advisable to personally consult a lawyer for specific solutions to your problems

Experience

I am an Attorney/Advocate/Lawyer running independent practice having extensive practice in Criminal laws,Civil laws,Family laws,Divorce laws, Guardianship of children and minors,Consumer Laws and rights,Contracts and agreements,Property laws in Kerala,Labour laws,Medical negligence,personal laws including Hindu Laws, Tribal laws and rights and Motor Accident Claims for the past 13 years.

Organizations
Having Independent practice and Senior Partner in Manoj Ambat (Law Firm).Also currently involved in Tribal Rights & Empowerment Movements in the hills of Attapady, Palakkad District, Kerala State giving free legal education and assistance as part of the Akhil Bharathiya Abhibhashaka Parishad legal assistance program along with associates

Publications
My blog (http://manojambat.blogspot.in/) Facebook ( https://www.facebook.com/manoj.ambat) Twitter (http://twitter.com/#!/manojambat)

Education/Credentials
BA.L, LL.B, General Course in Intellectual Property Laws ( WIPO, Geneva)

Past/Present Clients
Individual clients and companies

©2016 About.com. All rights reserved.