Legal Question in Credit and Debt Law in India
Is the buyer bound to return the goods to the seller on account of dispute with the seller other than quality issue? For example- A buys goods from B & after payment of the same, both A & B had dispute over not informing the fact that B had pledged the goods to a bank. Due to this, B sends the notice to A for returning the goods. So, the question is that whether Mr. A has to return the goods under the provision of the Sale of Goods Act?
2 Answers from Attorneys
1) Yes. The goods should be returned.
2) The amount paid has to be recovered separately.
28.06.2016
Dear Sir / Madam,
Since the title in the goods has already passed to the buyer on receipt of payment by the seller, the buyer becomes the absolute owner of the goods and he is not legally bound to return the goods back to the seller.
Regards,
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