Advice needed about conflict with the Dealler

#1
Hello
i have booked some motors and gearboxes which are needed for our mechanical works, in august 2013. And i have paid the advance for those material. Now actually, i don't need those material, and i want some other model of motors and gearboxes than that i have previously ordered. But, the dealer who i have ordered and made advance payment for the material, is not agreeing with my request, and demanding that i can only get the ones i have primarily ordered.
He is also saying that if i won't agree to his conditions and pay the rest of the amount for the material that has been primarily order, he will file file compliant on me in consumer court.
Now i, don't know what to do, because i really don't need the former material and also i am not cancelling my order, but instead asking other material i NEED.
But the dealer isn't listening to my plea and demanding me to pay the rest of the amount.
And also there were no such things as any kind of Terms and Conditions between us.

1.)At first we only paid an advance of 25000, in August 2013.
Then the dealer ordered the material.
2.)We don't have the work order (ofcourse we don't have the final work order even to this day 29.01.2014)
3.)In September 2013, the dealer said that if i don't pay the full amount for the order by 30.09.2013, the order will be cancelled by the company (the company which the dealer has ordered the material from). Further more he asked me to pay 75000, which is remaining amount of the advance (so he, the dealer could be in safe zone).
4.)So i have paid the remaining amount of 75000 (and was ready to lose the amount).
5.)So, in October 2013 i thought that the order would have been cancelled because i have not paid the full amount. And requested him to send me the material only for the amount that i have paid, that is 100000.
6.)Then onwards he started insisting that i take the complete material after paying the full amount.
7.)So, today again i requested him to only send the material for the amount i paid, and he replied demanding that i pay full amount or else he would file a case against me.

There is something, that can be noted here, that is, when i first placed the order for material, He said that he has readily got the motors that i wanted, with him, and he only needs to place an order for gearboxes.
So, i can only conclude that he trying to make unconditional demands, and trying to force me to buy HIS un-selling material.

someone please help
i really need some help urgently.

Raghu
 

expert

Administrator
Staff member
#2
Do you have the terms of order? I mean purchase terms? If no then it should be in your favour. Secondly cases in consumer forums linger for years, decades.
 

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