COMPANY SUPPLYING WRONG MATERIAL

For our client we had sent an enquiry to an OEM. We had given technical information sort by the OEM. Based on our information, OEM sent us an offer. Based on their offer, we placed a order on them. The material supplied is not functioning as per our enquiry. Now the OEM is telling they will not replace the product. Please advice what steps we should take to get a replacement.
Shailesh more  

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Dear Mr. SHAILESH RAO, I differ with some of the views expressed in this column. I retort and request to ref. Section 2 specifically (oo) - if it is for own consumption. So also the Verdicts of SC & National Commission to the effect. Reg. Criminal action it is a fit case for breach of trust, Cheating etc. N doubt the path is problematic as even to register the case But in that case Provisions of Section 156(3) can be implemented i.e. Complaint before the court. It does not mean and to get further clarified that commercial remedies are bared. more  
Comes within purview of sale of goods act. Nothing criminal or consumer. Can get in touch with me at 9711476402 more  
All options like Criminal, Civil are open to you. Though the OEM may claim that the very material is used aas commercial purposes, the claim being Consumer may not be that clear, but if you are using the material supplied for your own consumption and can prove that to the effect you can also opt consumer forum/commission. more  
send an notice with ur grievances if solved then ok else there after send legal notice and further file complain before consumer court for lack in service through which u can get compensation also. more  
My thanks to Mr. Vishal Bhatra, Dr. Vedula Gopinath and G.C Mathur for posting their valuable advice. more  
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