Filing of suit for compensation
RAKESH BALLABH
(Querist) 11 September 2015
This query is : Resolved
SIR,
WE IMPORTED POLYSTER FIBRE HOLLOW CONJUGATED SILICON FROM A CHINESE COMPANY AGAINST L/C. WE ORDERED 38 BALES (ABOUT 11400 KGS) WHICH WAS SENT TO US BY SEA UPTO ICD, TUGHLAKABAD, NEW DELHI VIA PIPAVAV PORT, INDIA. HOWEVER, DURING A JOINT SURVEY IN THE PRESENCE OF THE SHIPPING LINES, CORCOR AND THE CHA, ONLY 1115 KGS. OF THE GOODS WERE FOUND. CAN WE FILE A SUIT FOR COMPENSATION AGAINST THE SUPPLIER FOR SHORT SUPPLY WHO HAS REFUSED TO COMPENSATE AND THE FOREIGN SHIPPING LINES AND UNDER WHICH LAW/ ACT/ RULES AND WHICH COURT/
PLEASE PROVIDE ME YOUR EXPERT CONSIDERED OPINION SO THAT I MAY TAKE ACTION BEFORE IT IS TOO LATE.
RAKESH BALLABH, NEW DELHI
RAKESH BALLABH
(Querist) 12 September 2015
CAN THE HON'BLE EXPERTS GIVE THIER OPINIONS WHICH I NEED URGENTLY?
DR.VEDULA GOPINATH
(Expert) 12 September 2015
please give me copy of purchase order or sale order.
You can approach commerce chamber in China and also explore arbitration.
Rajendra K Goyal
(Expert) 12 September 2015
Lodge claim with the shipping company for less weight supply.
Lodge claim with the guarantee corporation if covered.
Scrutinize for any discrepancy in the negotiated documents received under LC, if so refuse to honor the same.
Consult consultant dealing in the international trade and customs.
Jeetender Gupta
(Expert) 20 September 2015
Was there any arbitration clause in any documents provided by either parties. If you file suit for damages, you will end up paying court fee & legal expenses. It is likely that Opp party doesn't join proceeding. Also enforcing the award will be difficult. Try filing a compliant with EEPC because if they decide in your favour they can proceed thru embassy / high commission. Either case send a legal notice to the company through your lawyer as first step & invoke arbitration if applicable.
T. Kalaiselvan, Advocate
(Expert) 20 September 2015
Yes, you can proceed as per the suggestions given by expert M. Jeetender Gupta. You can first issue notice to both, the party as well as the shipping company and decide about invoking the arbitration clause.
