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> Rajurajz! (https://forum.lowyat.net/user/rajurajz), Give me the tab or refund!

mfitri77
post Jul 5 2013, 08:45 PM

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QUOTE(rajurajz @ Jul 2 2013, 12:33 AM)
It has been a long time since i got the message that im in the dispute again ?

and based on the story given by our brother michael cool its maybe right maybe wrong on some of ur guys opinions.

but, hearing story based on 1 side is worth it ?

on the day when, ts called me and said that he is interested and wants to buy the tabs and also said he want to deal via cod in ipoh, i said okay bro ill message u my acc number. then right away i called another guy who also ordered 3 sets same as ts`s order and told him that bro im sorry i cancel ur deal because got stock problem, and i refunded him 1.4k. because he wanted to deal via postage and ts wanted to deal via cod.

on the deal day, when ts`s friend suppose to turn up at jusco ipoh around 5pm as said by ts in the call, she didnt i waited there till 9pm and deal almost with around 20+ people including my suppliers customer and cleared all the stock left was the 3 tabs that was ordered my ts. from the 3 sets 1 was faulty that i going to explain to him. i waited and waited, not even a sms or call from ts. you all may be wondering why i never call or sms him ? I deal with almost like 20+ people and from different different numbers and how do u expect me to remember ts`s number ? i clearly told him the date and explain about him about the tabs on the phone call that ts gave me to deal he clearly agreed and transferred the funds. if he didnt agree why he would even transfer the funds ?

and now this thing came up till this level.

and the 3 stocks wasnt mine so i cant keep the stocks at all in my hand. i waited 3 days till ts will return call ? but he didnt. and he messaged me after 4-5 days asking about the stocks.

the stocks if i would have kept i surely kept already, ts gave me 1.4k for the stock as a deposit not as a full amount.. if it was a full amount i would have gave to ts on the day he messaged me by asking any of my friend to pass to his location in ipoh.

if u bank in deposit and dont collect the item by the date given surely there is no refund will be made. correct me if im wrong ?

as i asked my supplier last he told me he cant refund the explanation is there already why there is no refund, so i gave Rm150 as a refund because i never take any profit from my supplier im just helping him to sell it out only..

im trying to get for ts 50% refund because i know the feeling of loosing money, i have been conned so many times but i never had the intention to con any1. maybe there is some complain about me, but there is no con case complain about me othere then this 1..

even once apis lua lua made a mistake and said that onitsukalover is a genuine seller, but i still got conned by him and i never reported against apis lua lua neither against onitsukalover. i just pray that it wont happen to any1 else again. and i got conned again by silkhinaz same amount that i got conned by onitsukalover. but still i pray again that it wont happen to any1 else. thenobone helped me quite alot but still i never got any amount of my money back from these guys..

now when im in trouble because of some onces own mistake i dont know any other way to solve these case. i even called ts lets meet up in police station and explain about each other infront of the officer and lets see what conclusion he comes up with ?  and to be honest i already ask advice from a lawyer, he is the 1 i know when my friend had some case, i told him everything and showed him these dispute also, he only advised to get ts back 50% of refund, because there is a minor mistake of mine to inside.
*
Let me correct you then. No. A deposit is a security for completing a transaction, and to "burn" a deposit you either must have an agreed, written contract and showed good faith in completing the transaction. You not calling is already a bad faith.

You yourself couldn't fulfil the transaction since you also admitted that 1 set was faulty. Again, bad faith and this already contravenes section 16 of the Akta Perlindungan Pengguna.




mfitri77
post Jul 6 2013, 12:58 AM

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QUOTE(rajurajz @ Jul 6 2013, 12:33 AM)
I were suppose to inform him on the deal day that 1 set is faulty bro.. I got the sets on the deal day..
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It does not matter. You promised three sets, if you can only provide two, that meant you were not able to fulfil your side of the bargain. You claimed deposit burn because supposedly the buyer didn't turn up, yet you yourself couldn't fulfil the agreement on the deal day, so you have no right to "burn" the deposit.

It can be said that you acted in bad faith in not calling the customer also to inform that you only have 2 working sets instead of three as promised. In any case, your action in not calling the customer also constitute bad faith.

You see, there is a legal saying - "Come to Court with Clean Hands." Your "alasan" that you have 20+ customer and you forget the thread starter's number will only reflect badly on you. What? You think the court or the tribunal will accept that you took someone's deposit and you conveniently forget the depositor's phone number? It either shows that you wish to cheat the TS or that you are a dangerously incompetent seller. Either way, again will reflect badly on you also.


mfitri77
post Jul 6 2013, 01:11 AM

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QUOTE(rajurajz @ Jul 6 2013, 12:45 AM)
Bro, as i said if I had the funds with me surely I have done refund long time ago without any hassle.. But the problem now is what ever I told is been told by my supplier and it's correct also if u all consider back? In addition, we are dealing professionally don't tell me ts doesn't know the simple rules of getting his deposit burned.. Plus it was his mistake also bro.. He should have some courtesy to at least ask.. He called me back sharp 5 days after the deal day.. I could have talked with my supplier.. After 3 days my supplier disappear and continued his own work.. As about the lawyer part, c'mon guys I said I seek advice I didn't bought over any lawyer. I seek his advice because he has experience solving cases like these. In a professional deal there is such rules of deposit..
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Sorry, Thread Starter dealt with you. You took the money. The Thread Starter doesn't have any locus against the supplier, but the thread starter has locus against you. Your supplier hilang ka apa ka that is your problem. I repeat, your problem. Regardless, there is no such thing as rule of deposit that supersede the LAW of Malaysia, specifically the Akta Perlindungan Pengguna 1999, drafted just for cases like this.

In any case, you didn't show him any courtesy by not calling him anyway.





mfitri77
post Jul 6 2013, 01:37 AM

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QUOTE(rajurajz @ Jul 6 2013, 01:25 AM)
The sets wasn't a issue bro.. If ts turn up on cod day I had sets of other customer that I could give ts if he really argued regarding the sets..
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Sorry, YOU have made it into an issue here. You already admitted that "from the 3 sets 1 was faulty that i going to explain to him". You have already marked the TS as the customer that is not going to get the order fulfilled.

You cannot change story now and say you can give set from other customer. We got your statement all recorded here la.




mfitri77
post Jul 6 2013, 01:40 AM

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QUOTE(d3v073d_50uL @ Jul 6 2013, 01:28 AM)
AAAAhaa... that's what i told him before :]

The deal.. is between me (or us) with him... not with his friend.. or dealer or what...
So.. whatever happen to our money.. u got to be responsible...

U didn't expect us to follow each or all the people holding our money, right? :]
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Yes. His clients can only claim against him. And it is up to him to claim from his so called supplier. Its the third party rule. I'm surprised that his lawyer didn't advice him on this.


mfitri77
post Jul 6 2013, 02:27 AM

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QUOTE(rajurajz @ Jul 6 2013, 02:20 AM)
Bro, is the story of before and after.i have also written that if ts argues that he wants 3 sets I would have done something ( that is givng other customer sets) Now the thing is ts didn't turn up for the cod:)
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You still don't get it. Under Malaysian Law, you have no right to just "burn" the deposit or whatever, regardless of whether TS turn up for COD at appointed time or not. Get It?

Tak ada hak. Faham?

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You know what, to TS, you have all his info, just file a claim with the tribunal tuntutan pengguna. Cost you RM5 and with all the evidence here, should be enough proof for the tribunal anyway.

This post has been edited by mfitri77: Jul 6 2013, 02:36 AM

 

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