SBG 1267/2015
This case involved the sale of factory machinery which had been later found to be unsuitable for use and had been valued at a lower level when the factory was sold. The dispute predated the Board of Grievance's jurisdiction of such matters. A key point was evidence had not been provided of fraud being involved in the sale.
Background
The claimant bought from the defendant some operational machinery. However, when the machines were operated they were found to be faulty and unsuitable for use. Therefore the claimant refused to receive the machines. When the factory was put for sale, the experts evaluated the machines at a price which was lower than the purchase price when they had been bought them from the defendant.
The defendant said that the claimant had transferred the machines to the factory and the receipt of a sold item happened when it was transferred to the buyer and this had happened.The claimant confirmed that they had operated the machines and offered them for sale which was evidence that the claimant was in possession of the machines.