Need help to send a notice for cheating and fraud?
Rajat sahotra
(Querist) 05 January 2012
This query is : Resolved
Following is the preposition of a business deal where the other party try to take balance money by cheating and fabricated documents.
Please guide what legally can be written in the notice for cheating and fraud and what other legal actions can be taken against the party?
Preposition is-
05 Dec. 2011 Phone no. taken from net and discussed own requirement of UV films for green houses.
05 Dec. 2011 Made an offer to purchase UV film via e-mail at 15.07 hrs.
06 Dec. 2011 Offer received from M/s so & so.
07 Dec. 2011 Bank details received from M/s so & so
Thereafter, idea to purchase film from M/s so & so dropped as they were unable to meet our delivery date requirements.
15 Dec. 2011 Rcd call from M/s so & so confirming that material can be supplied by 20 Dec. 2011 positively. Received e mail at 16.44 hrs confirming that dispatches can be made before 20 Dec. 2011.
16 Dec. 2011 Rates re-negotiated on phone for supply at flat rate of Rs. 160/- including CST @2% against form C, Ex-Jammu. They confirmed dispatch on or before 20 Dec. 2011.
Accordingly, a sum of Rs. Three Lakh transferred as advance. Also confirmed transaction via e mail at 17.13.43 hrs
Another confirmatory mail confirming payment, exact sizes and other relevant details with specific reference to dispatch date (latest by 20 Dec. 2011).
20 Dec. 2011 Asked for confirmation on readiness of material via e mail sent at 15.07.25
22 Dec. 2011 Thereafter, they started saying that material was under dispatch, and on persistent requests, and subsequent threat of order cancellation, confirmed on 22nd Dec. via e mail at 13.56.29 that whole lot of our ordered material had been dispatched vide Invoice No. 70 (Book No. 2) dt. 21-12-11 through Jaipur Golden (phone No. 09697501551) under Bilti No. 510-007165 dt (not given) Truck No. HP 64 3468 saying that balance amount ( Rs. 696487) be deposited at the earliest. Copy of bill was attached.
However, on online tracking of Bilti no given by M/s so & so, word “Not Found” was found leading to doubts on dispatch claims made by M/s so & so. Further doubts were created by the fact that balance payment of Rs. 696487 was yet to be made to them, and they wouldn’t have sent the material w/o payment being received by them.
Also, the transporter’s phone number given did not respond to our querry on dispatch status, and was evasive. Our request to fax copy of GR was not taken.
23 Dec. 2011 Tracked movement of material again on net – still no trace.
Contacted Mr. Som on phone who confirmed that material had not gone and was likely to be dispatched by afternoon only.
Since earlier confirmation of dispatch of material was a blatant lie, Cancelled order on phone and also sent confirmatory sms at 0925 hrs.
At 11.47.56 sent confirmatory mail canceling order citing to them late delivery and mis information as reasons for canceling order.
Received e mail at 13.18.32 saying they were sorry, and that some material had been dispatched a day before and more was likely to be sent that day. Raw material shortage was the cited reason.
Sent mail to them at 13.33.37 hrs reconfirming order cancellation, and also that part load was never discussed at all (Full truck load had been ordered to save freight and time).
29 Dec. 2011 Received courier (Way bill No. 145267047 dt. 26-12-2011) containing Covering letter dated 24-12-2011, Invoice No. 70 (book no.2) dt. 22-12-11 for Rs. 307162/- (part load of ordered material), GR No. 510 007175 dt. 23-12-2011
CONTRADICTIONS:
1. Copy of Invoice received on 22nd (Invoice dt. 21-12-11) & copy of invoice (Invoice dt. 22-12-11 received thru courier on 29th - same serial and book nos.- different dates and amounts – invoice is subject to central excise – bill has to be prepared after making a number of entries, and if cancelled the same number cannot be used. Also bill received on 29th has book no and serial no written by hand.
2. If material had not been sent on 22nd, how could they arrive at balance payable sum of Rs. 696487/- - intent of cheating and fraud
3. E mail received from them on 23-12-11 at 13.18.32 said that part material had been sent the previous day i.e. 22nd. However, the transporter’s GR is dated 23-12-11. The excisable bill has been prepared at 1000 hrs and goods have been shown as removed at 1110 hrs. Hence GR should have been of 22nd and not 23rd. Therefore, it is evident that the Invoice was prepared fraudulently on 23rd and not 22nd to convince us that the material has already been dispatched before we cancelled the order on 23rd.
4. The documents received on 29th have invoice dated 22nd, GR dated 23rd, covering letter dated 24th and courier way bill dated 26th.
On tracking the GR no. received through courier, the status was “ Dispatched on Dec. 26……..
5. The email received from them on 23rd Dec. at 13.18.32 said that “The dispatch could not be made on time due to shortage of raw material.” The covering letter vide which documents were received on 29th said “ As we had informed you earlier that our plant has witnessed a technical snag so the material with 9m size can be prepared only after 30th Dec.”
6. On 23rd when Mr. Som was contacted on phone, he did not say anything about part material having been dispatched on 22nd.
Please help experts
Deepak Nair
(Expert) 05 January 2012
Have you paid any amount?
Have you received any goods till date?
Did you siffer any kind of loss due to their irresponsible Act?
What is your actual requirement in the present query? do you want to sent a notice to cancel the order or to claim for any damages?
Rajat sahotra
(Querist) 05 January 2012
we paid three lakhs in advance but the material was not dispatched on time and we cancelled the order but three lakhs is already paid and we suffer losses from our clients as we could not deliver to them on time.
goods were semt but not received by us as we cancelled the order.
want to sent a notice both for canceling of the order and claim for damages as well. to claim for any damages
Raj Kumar Makkad
(Expert) 05 January 2012
The supplier has not only resiled from his undertaking but has deliberately frauded with you. It is high time for you to get back your advance money under the grab of material lying at your end. You can not only claim damages but also your advance money with interest and loss to the goodwill of your business.
it shall be better for you to hire the services of any local lawyer for sending the notice on your behalf instead of getting this done on this public platform.
V R SHROFF
(Expert) 06 January 2012
Send Notice,
Depending on Reply, take Criminal/ Civil Action
Deepak Nair
(Expert) 06 January 2012
Rightly advised by the experts.
Rajat sahotra
(Querist) 16 January 2012
Sir,
Now can we send a notice to the transporter for deficiency of service and file a case in consumer court because if the transporter i.e Jaipur Golden (phone No. 46446546544) under Bilti No. 510-007165 dt (not given) Truck No. HP 64 3468 have not provided this fake bilti and truck number without booking, the supplier could not have said to us the material is dispatched and would have tried to extract the balance amount of 6 lacs fraudulently.
Kindly advise
ajay sethi
(Expert) 16 January 2012
are you an individual or company . if you are a company consumer forum generally reluctant to entertain complaints . file a civil suit
Rajat sahotra
(Querist) 16 January 2012
We are a sole proprietorship firm.
what kind of civil suit can be filed against the transporter.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 January 2012
Yes it is criminal and consumer case both, dont waste time and quickly get a good local advocate and initiate action.
ajay sethi
(Expert) 16 January 2012
move before the consumer forum
