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Q. Delaying in product delivery

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Harshit Keshri

posted 6 months ago

Q.Delaying in product delivery
Sir 2 months before we had a deal with a company and ordered their products for our business. Ther asked for advance payment and half of the amount was paid that time..
They passed their transport rfrom their company and asked for full payment ..
So we did it..But later the owner of the company instructed the driver to deliver it to somewhere else.. and now he is saying that he will deliver the order soon daily but he is not doing so.. we have done the full payment still not getting our products..
Which legal action we can take against him please suggest me

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Harsh Vardhan

Experience: 4 Year(s)

Responded 5 months ago

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A. ) Hello !!

1. if you want refund, then you can either file a complaint before the consumer forum for the refund along with the interest, instead of filing a civil suit as it will save your court fees and for early redressal.
2. if you want your goods, then you can file a suit for specific performance before the civil court where the court fees is also very less.

Please note, it is advisable to send them the legal notice, before any action.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 6 months ago

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A. ) Dear Sir,
You can get issue a legal notice and file a civil suit claiming entire amount along with damages.

For full procedure contact me on mobile through Vidhikarya.
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Please visit the following link.

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Suneel Moudgil

Experience: 15 Year(s)

Responded 6 months ago

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A. ) Do you have any Purchase order of the goods ordered by you or any communication like email, recorded telephonic call, sms etc?
What was the mode of payment?
do they provide you the detail of transport (fake) through which they dispatched your order?
you are advised to immediately make a police complaint about cheating against the said company, once case is filed they will definitely contact you for settlement,
you also have another option to file a suit for recovery but as its a civil suit, therefore, it will have a less impact on them, and will take time for recovery of your money,
better to lodge FIR first and also go for civil suit,

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Shreyash Mohta

Experience: 1 Year(s)

Responded 6 months ago

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A. ) Steps you should follow

1. Send them a legal notice
2. Lodge an FIR
3. File a civil suit for recovery of money
4. Compensation for delay
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Shreyash Mohta

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Himanshu Mahajan

Experience: 17 Year(s)

Responded 6 months ago

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A. ) In such cases both civil and criminal action can be taken. In civil action firstly a legal notice from an advocate needs to go to the vendor seeking refund of the money or delivery of goods as well as compensation for delay in delivery and loss of business, which will need to be quantified properly along with evidence of loss of business. Thereafter, if the vendor does not comply with the legal notice then a civil commercial suit will have to be drafted and filed in the court of competent jurisdiction (both territorial jurisdiction and pecuniary jurisdiction).

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Sunil Kumar Singh

Experience: 17 Year(s)

Responded 6 months ago

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A. ) File police complaint now

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Junaid Ali Khan

Experience: 2 Year(s)

Responded 6 months ago

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A. ) 1) A legal Demand notice demanding the goods or the payment along with interest

2) Lodge an FIR against the company or a private complaint before the magistrate.

3)File a Recovery suit along with interest claim

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Shivam Sachdeva

Experience: 2 Year(s)

Responded 6 months ago

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A. ) Dear Harshit,
First of all contact the company again over an email , if there is still no affirmative response from the company then sent him a legal notice through advocate and further they do not respond to it or the response is not satisfactory according to your terms, then a file a suit before appropriate Court.
Thanks

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Sayaree Ganguly

Experience: 2 Year(s)

Responded 6 months ago

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A. ) Dear Harshit,
You can send a legal notice to the company asking then to either return the money and compensate for the same or deliver the goods with 15 days of receiving the notice. If they don't comply to the notice , then file a case within 30 days of the completion of 15 days time period for breach of contract and fraud against the concerned company.
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