Question

Pulu Tan purchased an electric fan from a well know appliance store, the sales man warranted that it is safe for use as intended by Mr. Tan. However, when he used the same, it is not fit for the use intended. What are the remedies available to Mr. Tan.

Answer 1

As per Section 59 of "Sales of Goods Act ,1930".The Remedies availaible for Breach of Warranty are:-

(1) Where there is Breach of Warranty by the seller and buyer is not by reason by breach of such warranty entitled to reject the goods,he may-

(a) Set up against the seller the Branch the warranty in dimunition or extinction or the price.

(b) Sue the seller for damages for the Breach of Warranty.

(2) The Breach of Warranty in diminution or extinction of price does not prevent him from suing for thr breach of warranty if he has suffered further damage.

Pulu Tan who purchased electric fan from well known application store and was given warranty as a product which is safe for use but the electric fan was not fit for use as warranted, So as per Sales of Goods Act ,1930 Pulu Tan can follow the above procedure as mentioned in Sales of Goods Act.