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manraj (MD)     03 March 2021

Party not paying for Goods purchased

Dear Sirs ,
I am a manufacturer and sold wooden doors to a party for bill amount 6 lac and since one year he is not returning phone calls or paying the balance amount of 4.5 lac. I sold him material on good faith because earlier he paid cash on the first deal and promised to pay for the second deal in a weeks time.
His firm was gst registered in my town YamunaNagar(Haryana)
Later I found the gst was registered on a bogus rent deed and he had no Godown at all and only a small rented single room.

After I billed him the invoice along with way-bill number and freight bilty he sold the same truck load material and billed an invoice to another party.( I have details of the other party)
In his gst returns he did not mention the purchase he did from me and filled the gst Return of nil. ( That means he did not register Amy purchase in his gst return that he made from me, or the sale he did)
can this be fraudulent or 420?.

I consulted an adv and sent him a legal notice to his native address.
In the meanwhile I even filled a case on msme samadhan portal.

I was told I will have to file a civil case of recovery and deposit a court fee.
Sir, my question is how much will be the court fee and under what legal laws can I file the case?
will I get my money back? what if he doesn't take the summons since I live in yamunanagar Haryana and he has gone back to his native place Bihar.

Thanks


Learning

 1 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     03 March 2021

Hello,

Court fees differ from state to state in Maharashtra court fees is 7% on the money claim in the civil suit. Further, you will have to keep faith in court decisions. if he doesn't take the notice then the court can proceed exparte and give judgement in his absence. 


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