Non receipt of payments...
Aarti
(Querist) 22 June 2015
This query is : Resolved
I own a proprietorship firm, making garments & supplying to corporates. In October, 2013, I supplied garments to a client whose parent company is listed on the stock market as well. The goods were supplied against Purchase orders and on the client's brand name.
In January, 2014 we were informed that they were closing down their stores and returning back the material. Initially we were not ready to accept it as the garments were made on their brand name but since we were not getting any payment from their side, we accepted the same on the condition of all expenses paid (transportation & octroi) & delivered to our office.
We have received goods from 7 stores but by the time we slowly received goods, over a time of around 6-8 months, they had sold off a major chunk of it and it all has accrued in the payments overdue. The company has a parent company who is majorly in to jewellery business and they are now insisting that we take jewellery against our payment as they won't be able to make the payment.
There is a very big catch here.. The company is in to supplying branded jewellery on MRP basis and is insisting that I pick the jewellery only from the few diamond sets which will be offered to me at their office, that too on MRP basis!
I have enquired from the market that the company is not using good quality diamonds, their certification is also fake most of the times and moreover picking the jewellery on MRP means I won't get more than 30% return of the value they claim!
I am planning to approach some media groups to highlight my issue since its a big corporate name. If anyone can provide any contacts on this, I'll be highly obliged!
Also planning to go legal. Any good but reasonable lawyer with prior experience of fighting such case against corporates, in Mumbai preferably, please contact.
Experts please advise.
Sudhir Kumar, Advocate
(Expert) 22 June 2015
you insist upon your dues.
entering into funny trap will reduce legal strength of your claim
Aarti
(Querist) 22 June 2015
Dear Mr. Sudhir Kumar.. I presume u mean that by accepting jewellery my case would go weak right? If yes I do understand and thats why not agreeing to it but then what choice do I have? Its been more than 18 months!!! Thats why I thought of going to the media before a long legal battle!
Dr J C Vashista
(Expert) 24 June 2015
Commercial query, engage a local lawyer.
Guest
(Expert) 24 June 2015
Have you made any correspondence with the company for clearing your dues and got some written response to that or you are working only verbal dialogues between you and your client company?
If everything is in verbal talks, dilly dallying tactics in payment by the company may ultimately render your claim to be time barred, if you don't haste for regular consultancy on the issue from some expert.
Aarti
(Querist) 24 June 2015
Dear Mr. Dhingra,
Thanks for your response.
We have engaged in complete emial correspondence from our side but they are playing smart. They have responded to very few of our emails. But their latest mail was the draft of letter required by them on our letter head to confirm acceptance of jewellery against our payment.
Apart, have received regular emails from them in the start informing us of stocks they are holding and would return and in every mail the stocks kept decreasing.
We also have some sms & whatsapp communication stored.
Guest
(Expert) 24 June 2015
Don't accept their proposal. The proposal is serious trap against you, if they want draft of letter to confirm acceptance of jewellery against their payment that too on your letter head.
But, don't fail to consult some expert by showing your documents for further course of actionwithout losing time.
Aarti
(Querist) 24 June 2015
Dear Mr. Dhingra,
Well noted and thanks!
Have already consulted my case with someone and they say the only option is going legal whereas I was thinking of getting some help from the media if possible before getting in to a real long legal battle!
Please share your advise on same.
Also, if you can help me with any kind of contacts in media who can help me in my case, I'd be highly obliged! :)
Regards,
Aarti
Guest
(Expert) 24 June 2015
Media is not likely to intervene in the commercial transactions of two business houses.
