Rajat sahotra
05 January 2012 at 16:55
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
Anonymous
05 January 2012 at 14:58
A partnership firm is proposed to be converted into a Pvt Ltd Company.
As there will be tranfer of land also belonging to the Firm, what will be the position of stamp duty on the same.
The firm is in the state of Rajasthan.
Anonymous
05 January 2012 at 00:28
does the supreme court of India has the jurisdiction over the disputes arising in case of an contract where it provides that it would be subjected to Indian Laws. But was signed outside India and had a choice of jurisdiction clause stating that all the disputes shall be subjected to the english courts.
Anonymous
04 January 2012 at 23:45
Hi ,
Last year i give a blank cheque to my frnd. But now these days our relations are not good and he tell me that he deposit my blank cheque, by mention 1lac amount, in the bank.. so please help me out , how i safe my self from that.
Anonymous
04 January 2012 at 18:35
can DRT entertain unsecured personal loans?
Anonymous
04 January 2012 at 18:19
bank had sent notice under SARFAESI ACT in oct.2010 which was duly replied. what is the validity period for such notice under SARFAESI ACT, sent by bank? can this notice become time barred? what is the normal time period taken by the bank to take action under SARFAESI ACT?which court or DRT the bank has to approach to execute such notice under SARFAESI ACT?
Anonymous
04 January 2012 at 16:01
Hello,
I had a query.I was innocent and one of the police department had arrested me for some company scam.we will call that department 'A' and case as 'X'.I got bail in that matter.My IO Told me that I cannot be arrested again in the same case so there is no harm in visiting him(I have to go once in a week as per court order).
Now a day back another police department has filled a case against the same company.So can they arrest me again as its diff case and diff department but company is same.Shall I apply for anticipatory bail?
Vijay
04 January 2012 at 15:56
Dear Sir/Madam
I belongs to Chandigarh (UT)and presently having an office in mohali(Punjab and residing in Mohali.I just want to start a pvt ltd co.in regards to Security Guard Agency. please let me know how it can be start and from i have to start from.. either from chandigrah or Mohali?
Thanks and Regards
Vijay
CS Usha Nimesh
04 January 2012 at 13:32
whether a co. has to follow takeover code stipulated by sebi if it wants to takeover a pvt. ltd co. which is a holding co. of a listed company?
plz help
Anonymous
04 January 2012 at 11:01
Sir/ Maam,
I would like to know that, how much % Rate of Interest is granted by a court, in case of Summary suit if :
1.) The payment is not made for 5 yrs.
2.) In the contract, it is expressly mentioned that Payment will be made in 30 days.
3.) No mention of the Late Payment Charges is made in the contract.
4.) There is no remark stated in the invoice, regarding "Interest will be charged after due date."
Also, Whether Can Court grant compounded Interest, (If claim is made for compounded interest by plaintiff in the court) if yes, how much in the above circumstances ?
Need help to send a notice for cheating and fraud?
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