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Dishonest Seller (Hardware/Const. Supplies)--Delivering materials of lower value than what was ordered and paid for by the customer, and conniving with the carpenters.

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Arresto Menor

We recently went to a hardware to buy some materials with our carpenter. They were delivered later the same day, but in the absence of our carpenter at the time of the delivery, the materials were not checked by him, upon our receiving of them.

The following day, around lunch time our carpenter told us that a particular material delivered was not the one we actually ordered and paid for. He said he found the materials to be of lesser value and type, and of a different specification.

Further he said that he went to the hardware before he went to work for us that morning, to report it to the hardware owner. And according to him he was told by the owners (Chinese husband and wife): "Wag mo na sabihin sa kanila, ok na yun, gawan mo ng paraan, bigyan kita commission."

Eventually, the carpenter told us what the owners said, because he really needed to use the materials that we originally ordered and paid for.

So we went to see the owners with our complaint that afternoon.

(Please take note that the owners speak Tagalog quite poorly with a difficult tonation for us to understand fully.)

They insisted that what we have were the right one, and that it is our carpenter that has limited knowledge about the said material in question.

We believed them at that time. And we agreed to return or exchange the remaining item, and that we have to send it back to them the following day.

But later, in the evening, a steel fabricating shop owner went to our house for a different project, and I took the opportunity to ask him about the material that was in question. His reply verified our carpenter's observation, and so I realized that the hardware owners were lying to us right on our face, from the start.

So the following day, we went to 5 hardwares and showed them a sample of the material in question. And as expected, all 5 of them verified the observations of both our carpenter and the steel fabricator.

We then proceeded to the hardware and told the owners of our "findings". In a very difficult Tagalog vocabulary and intonation, they insisted that they are right.

In my exasperation and nervous tension, I went to a Police precint. I explained everything I could (no blotter was made yet), and two officers accompanied us back to the hardware.

Apparently, they turned their attention/alibi to the Official Receipt that they themselve issued in front of us during the sale, saying that there was no further description to verify our claim.

I just forgot to bring the price quotation that they gave us a day before we made the purchase at that time, so I had no further proof in front of the officers.

But anyway, after talking to their Tagalog speaking daughter on the phone, we did come to some agreement, just to avoid the hassles and expenses in pursing further legal action against them.

So by Dec. 31, Monday, I should receive a positive action from them, otherwise, the police officers advised me to return to the Police headquarters to take a step further in the case.

Now I am writing you to ask your opinion and legal advice. And I have not accomplished a blotter action yet. Should I file for it, whether we actually go to court or not? What else can you suggest we do?

Thank you very much in advance.

Happy New Year!

Leigh Pomme santa

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Reclusion Perpetua

in order to avoid excessive legal fees and prolonged court litigation, perhaps you may also consider going to the Deparment of Trade and Industry. you file a written complaint with the said office. you need not pay anything and you get the same results- actual refund of the money you paid for the said substandard materials.

what i am saying is you need to channel your precious time in anything productive other than going to the court. i tell you that it is not going to be an easy path filing cases in courts. you will lose money in the process. what you will pay for the filing fees, lawyer's fees, other legal fees, and other cost in attending court hearings will not be commensurate to what you will get from a favorable monetary judgement- that is if you get a favorable judgement.

filing a case in court should only be your last resort if you want to be financially wise.

lastly, you need to accomplish that police blotter , even if done belatedly. its not yet too late.

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Arresto Menor
Happy New Year!

Thank you very much for your expert opinion. I find your advice very practical. Yes, I shall consider it definitely. And I will update here. I am glad a forum like this is very accessible.

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Reclusion Perpetua

before making a written complaint and file it with the DTI, perhaps it would be wise if you settle the matter with the owner of the hardware first.

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