urgent & important
SUDARSHAN
(Querist) 04 February 2010
This query is : Resolved
I am working in ABC Company. I sent Purchase order to Mr. A. Mr. A accepted the purchase order and replied me on Mr.A's letterhead in written that he is sending the goods from his B firm which is his sister concern but the billing will be done by Mr. A firm.
We received goods on dilivary challan of B firm. Later we received Mr. A's bill and we made the payment to A.
Now Mr. B is claiming the amount of sent goods.
Now we came to know that there is not any connection between Mr. A & Mr B.
Mr. A made dummy Purchase order of ABC [ My Company ] to Mr. B and asked B to send the goods to my company. He took money from us not paid to Mr. B.
Now Mr. B is claiming the amt of sent goods
Plz reply what should i do ?, it urgent and important.
Weather my company found guilty in this transaction?
Yamalapalli Haribob
(Expert) 04 February 2010
you have to file cheating case against a and b as both are playing games with u.
Devajyoti Barman
(Expert) 04 February 2010
Since your company neither intended nor entered into any agreement with B, there is no 'consensus ad idem' making your company accountable for the acts. Nevertheless you to protect your company further should initiate criminal prosecution against the A firm alleging various charges including fraud and cheating.
Guest
(Expert) 04 February 2010
You may first send a legal notice to the party claiming amount from you and wait for their reply. You may clearly mention that you acted only upon the supplier's instructions and show your payment advice to the party claiming the amounts and simply ask A and B to resolve the issue by themselves. As regards the goods received by you in pursuance of a false purchase order on your letterhead, you may simply return those goods to the supplier as you never ordered for the same by pointing out false signatures, etc., and also threaten to initiate criminal proceedings against both of them for playing with you on the ground of EXTORTION, etc.,
B K Raghavendra Rao
(Expert) 05 February 2010
You have not placed any order on B to supply goods. But B has supplied the goods to you based on a fake supply order. A is liable for forgery.
Involvement of B is suspected as this transaction could not have taken place unless A had known B earlier.
Even though you are not at loss, as you have goods for the amount paid by you, even though you are not directly liable to pay B as you had never placed supply order on B, yet you are advised to proceed against A and B, as in the trade market a firm (A) has forged your supply order under your very nose.
