Help-what action can be taken against goods transporter and the seller??
Rajat sahotra
(Querist) 16 January 2012
This query is : Resolved
The seller via e mail confirmed 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 seller, word “Not Found” was found leading to doubts on dispatch claims made by seller. 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.On Contacting seller on phone who confirmed that material had not gone and was likely to be dispatched by afternoon only.
Now how can a transporter issue a GR no to seller to book the material for transportation without even booking the material on said date and seller on that issued GR no without even sending the material on said date asking for balance payment of order to be deposited immediately.
Seller and transporter both try to traud and cheat and extract the balance amount.
Please advise specifically what action can be taken against the transporter and whether he can be dragged to consumer court for irregularity or deficiency of service by providing false GR no without any date for extracting the money in connivance with seller
Devajyoti Barman
(Expert) 16 January 2012
File a complaint before the Police to punish the culprits.
To get the compensation and damages file case before the consumer forum.
Rajat sahotra
(Querist) 16 January 2012
whether complaint is maintainable against transporter in consumer for providing GR no without date to seller without dispatching material or notice under sec10 of carrier act is maintainable to to transporter?
Nadeem Qureshi
(Expert) 16 January 2012
Dear Rajat
Mr. Burman is right, but you should wait for others opinion too
R.Ramachandran
(Expert) 17 January 2012
It is not unusual for the Transporters to issue both the entire copies of the GR (whether duplicate or triplicate) to their known regular customers to enter the complete details of the goods, consignor-consignee details, weight, value, charges etc. etc. and then to hand over both the goods as well as the filled up GR. After signing the GR, the Goods transporter will retain their office copy, take the copy to be handed over to the driver of the vehicle, and make available the rest to the party.
Thus, the business house which was to deliver the goods would be in a position to quote Bilti No. including the Truck No. HP 64 3468 (usual truck which plies between the destinations).
But what is significant to note is that there is no Date of Bilti. This is because, the goods though might have been invoiced and entered into a GR, the same has not been handed over to the transporter.
Conversely, it is also possible that after invoicing the business house might have delivered the goods to the Transporter and got the GR made (without date) with the instructions that only after getting confirmation of the receipt of money due, it will give the go ahead and only then the GR to be dated and despatched otherwise to hold the goods.
When the GR has not been dated, naturally it would not have been entered into the tracking system.
The case would be otherwise, if believing the email, the querist has deposited the amount and still the goods was not received. In this case, the querist has not deposited the money as instructed and therefore he cannot expect any despatch of goods.
By making any complaint to anybody nothing will be achieved.
Just because the seller had not indicated the Bilti date, does not mean the same was not dated. Even assuming it was really not dated, the same can be filled up at any point of time to defeat any sort of complaint!
At best the buyer will make a complaint saying that the Transporter has given the GR without date. The moment this complaint is made, the Transporter will be wise enough to immediately fill up the date on the GR and keep all the copies with him. He will also get a letter from the consignor instructing him to stop despatch of the goods! The transporter is obliged to obey the instructions of the seller and not the buyer!!
In any case, the unpaid seller has every lien to stop the delivery of the goods at any stage so long as the goods in possession of the transporter.
Deepak Nair
(Expert) 17 January 2012
The remedy available to you is to file a consumer complaint against the seller and transporter.
You can also tke criminal action as suggested by Mr.Barman
prabhakar singh
(Expert) 17 January 2012
I can not say if any criminal action lies or not.
But i can and would like to say that no consumer complaint would lie on behalf of the buyer against the transporter as the service transporter is providing is not to the buyer but to the seller and transporter has not charged even a single penny from the buyer.
Complaint also does not lie against seller by the buyer for they are in trade relation and no service or good's defect has emerged.
As regards to cheating at best one can only blindly think seller by conduct tried to cheat buyer but in fact no cheating has taken place.
Assessing the matter this way even if every thing is weighed blindly in favor of the buyer still nothing I see as a cause of action in his favor on given facts.
Rajat sahotra
(Querist) 17 January 2012
Prabhakar Sir,
Can we still file a case against the seller for the recovery of advance amount of 3 lacs with interest along with the damages of profit of 2 lacs and for damages for business reputation loss.
Please advise?
prabhakar singh
(Expert) 17 January 2012
Suit of recovery advance and interest if not pre stipulated then after notice of demand shall lie and actual damages caused due to non supply, but not as expected profit, shall lie.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 January 2012
