International payment

Shalin Shah (Querist) 08 August 2021 This query is : Resolved
Thanks for your reply to all senior lawyers. In fact, Today my customer from Dubai has send me an email threatening to send me legal notice. He send email by making comments to recover the advance amount 60% as he wants to void the PO. My question: Can a party from Dubai send me legal notice for recuperate his money ? I have PO from him mentioning payment terms 60 advance /40 before dispatch and Proforma Invoice from me mentioning same. we do not have any other contract signed.
What can be done in this matter from me now from India ? Can I send him mental harassment and cheating and fraud notice ?

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An Indian seller received a threat of legal action from a customer in Dubai regarding the refund of an advance payment after the customer cancelled a purchase order. The seller is seeking advice on whether a Dubai party can issue a legal notice for money recovery and if they can counter-sue for mental harassment or fraud, especially since no formal contract was signed beyond the PO and proforma invoice. The consensus is that legal notices can be issued regardless of location, and specific grounds like fraud must be substantiated. Professional legal advice from a local lawyer is strongly recommended to navigate the specifics of the transaction and contract terms.

Dr J C Vashista (Expert) 09 August 2021
After cancellation of purchase order the vendee is well within his right to recover the advance money paid by him excluding certain administrative charges, as agreed between both of you.
There is no difference if person sitting in India or Dubai qua issuance of legal notice.
Issuance of legal notice qua mental harassment, cheating and fraud has to be specific and relevant to the transaction(s).
Terms and conditions of contract shall prevail, which are required to be perused but can not presumed to oblige.
It would be better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

Shalin Shah (Querist) 09 August 2021
Thank you sir, The matter is Purchaser-Dubai has cancelled the PO himself. We already manufactured machines on the base of advance received from him. His first PO came in March and now in August he cancel himself and asking for refund. He dont wan to pay 40% and now refund of earlier 60%. There is no T & Cs between is as no contract signed. How can he send me legal notice for refund by deciding himself of cancellation of PO after five months ? . What action can be taken by me ?

P. Venu (Expert) 10 August 2021
The matter entails professional consultation.

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