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Arpana Chauhan (Business)     06 June 2012

Import & export law for frauds

Can any one guide me what to do in the scenario where I contacted one supplier from Cameroon for scrap import and paid him approx 50% of the order value as advance & other procedural fee. Everything worked fine and even my shipment was informed to be dispatched on 14-05-2012.

He sent me all his company documents and export license along with my step by step shipment documents through e-mail. Things were going smooth and my shipment is expected to arrive on 18-June-2012

The supplier was supposed to courier me the original documents but now he is not responding to any of my mails or phone calls. What should I do? I doubt if I am framed......i even am not sure if that shipment will ever arrive or not.

What legally can I do to receive response from my supplier and what should I do to keep things on safer side.



Learning

 7 Replies

pervez (adviser)     06 June 2012

Your apprehensions are correct... It appears that you have been cheated....  Generally, such transactions are undertaken through banks by opening Letter of Credit [LC] .....  The entire transaction is, then taken careof by banks of exports & importer....

In yr mail, you have not indicated the value of the transaction... If the value is more and you have documents establishing the identity of importer, you may request RBI / Dept. of external affairs for intervention in the matter.. Filing complaint or prefering claim with local courts may be resorted too after  exhausting the aforsaid options...

regards

VINOD VERMA (C E O)     06 June 2012

take it for granted you have been taken for a ride. The overseas business in not done the way you have done, unless you are double sure the person at the other end is genuine, you should not have sent the 50% remittance. All I can say is that you are to blame your own self for all the trouble you have created. I do not think, any Govt. of private authority whether in India or abroad could ever help you out of this mess. How could your bankers allow you to send remittance in advance. 

remember the following when you are working with a new and unkonown person in a country abroad, who might have lured you by offering the goods at a very low price:

1.get a report from any credit rating agency on the worth of the shipper either from Dun & Brad street or finch or any other.

2.get bank report from the buyers bank of its credit worthiness.

3. Never send advance remittance to any un konown shipper say not even 10%

4. Get a Bank letter of credit issued for your transaction along with performance guarantee and the L/C must carry our the clause, pre shipment inspection from any internaionally recoganised inspection agency, so that you are not duped of the quality in your ordered shipment.

any case, you need any further help, you can contact me on email: vinoo_verma@yahoo.com or Mob. 09815850278

Arpana Chauhan (Business)     14 June 2012

Dear Mr. Vinod,

Thanks for the guidance but we did all the necessary investigation and have received all the documents from the company with its export license. It is a limited firm. We got the inspection certificate along with packing list, bill of lading, invoice, etc. A lso we have all the communications and bank details in mails. Still there is a doubt as the supplier is not sending the goods yet. What shall we do now?

Arpana Chauhan (Business)     14 June 2012

Dear Mr. Pervez, 

Thanks for the valuable information. Could you please guide me how can i approach Ministry of International affairs & RBI to intervene in this matter?

VINOD VERMA (C E O)     14 June 2012

Dear Ms. Chouhan,  

If you aready have the documents viz. Invoice, Packing Lists, Inspection Certificate, Bill of Lading (B/L), please confirm whether the same are ORIGINALS, and of which Vessal/Voage; from the B/L you can have the information about the Port of Discharge/Destination. Get help from some Customs House Agent (CHA) who will try and locate the Vessal/container for you. As far as Banking is concerned, had the Shipper in Camroon agreed to send the documents direct to your company after the receipt of 50% payment in advance? Also, get help from your Bank, knowing the book... Bankers Almnac which has the list of all the approved Banks, the world over, which are into Import -Export Business. In case, there is Indian Embassy/Consulate in Camroon, get assistance from them, if you find there is NO Embassy/Consulate of India in Camroon, get in touch with the Indian Embassy/Consulate in the nearest Country to Camroon. In case, the party abroad has cheated you and siphoned your money (the amount of the same is not known)it would be very diffcult to get back your money. Still hoping against hope I would advise you to seek the services of your bankers to track the beneficeries of your advance remittance and try and lcoate them. Any case, you need any further assistance, please feel free to call on my Mob. 09815850278, or email: vinoo_verma@yahoo.com

VINOD VERMA (C E O)     15 June 2012

let me ask you few more things:

What kind of scrap is it?

What the price negotiated?

what kind a shipment it is, whether FCL (Full Container Load) or Break Bulk?

This could give me some basis to form the idea about the genuineness of the shipper.

I have been in active Import-Export business since the year 1972, and have come across several such cases where either the Importer or the Exporter has been cheated. The exporters still 

VINOD VERMA (C E O)     21 June 2012

Dear Ms. Chouhan,

did anything materialize after that? have you been able to get your hands on Original Bills of ladings; I am really worried about your consignment and your money. This is b'coz I also trusted some Pakistani's in the year 1980 with DM 1,01,000 (the then W German currency) worth about Ind. Rs. 4,04,000.00 but they took away all my money and migrated to Pakistan, and I had to face a huge loss coupled with fines and penalties from the Govt. if India, (FERA dept.). Imports and Exports both are a risky business unless you know very well the person at ther other end.The best subsitute is Credit rating agencies and Bank reports. Best of luck, hope to hear from you soon


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