Dear Experts,
Good Morning.
In the month of April 2012, we entered into contract with our overseas supplier who is based in Canada for suppy of 6 FCL of GREEN PEAS CANADIAN NO. 2 ( ABOUT 150 METRIC TONS) on folliwing terms and conditions:
1) After signing the contract, buyer will remit a 20 % advance amount, which we complied with.
2) After receiving advance amount supplier will supply the consingment within fortnight by ship to be delivered at Tuticorin Port (India)
3) The supplier will provide quality and quantity certificate by SGS an indipendent certifying agency.
The supplier violated every terms and condition of contract and did not supplied the consingment on agreed period and later on shipped the 2 FCL (about 50 Metric Tons) of GREEN PEAS in the end of July 2012 and 4FCL of GREEN PEAS in the month of August 2012 without quality and quantity cerification issued by SGS. When the Cargo arrived at Tuticorin (India) port, we raised the issue with supplier and upon their assurance that quality and quantity is of as agreed upon. Believing their words we honoured the bills for 2 FCL of GREEN PEAS. On verification of quality of consingment it was found that supplier has shipped the GREEN PEAS of lower grade than agreed. We got the consignment inspected and certified by the SGS Canada, which reported that Quality of the GREEN PEAS supplied is Canadian No. 3 and not the Canadian No2. We refused to honour the remaining 4 FCL (About 100 Metric Tons) of GREEN PEAS on account of quality and demanded to settle the issue amicably. Despite all our efforts to get issue solved amicablly, supplier got matter avoiding for the reasons best known to him. After prolong discussion and corrospondence, we instituted the civil suit against the supplier in Bangalore City Civil Court for recovery of Advance amount paid and damages.
Now my question is that 1) Is it possible to Institute the Criminal Proceedings against our Canadian suplier in Indian Court for committting froud and refusing to refund the advance amount paid and heavy losses suffered on account of non supply of agreed quality and quantity and violating and not honouring the contractual oblications? If yes what is the procedure to institute the Criminal Proceeding against the Canadian Firm and their represantatives in Indian Court ?
It is requested to guide in this matter at the earliest and oblige.
Thanking you,
Yours faithfully,
MOTIWALA HAROON SATTAR
MOBILE : 09449670648
Email : motiwala2@hotmail.com, hsmotiwala@gmail.com
