BHARAT JAIN (Director) 06 July 2014

Money recovery from international client

I am exporter belong from Pune & deal in expoting of agro commodity products.

In the month of april,2013, I had export Fresh Onion to Srilanka from Mumbai Port , & Payment for this was CAD ( Cash Against Documents)

But when we made export shipment & goods reached to colombo port, Client denied to take goods to CAD & told is not having money & request to allow us to make payment in 7days, Whether Shipping documents has already been made for CAD Payment term,

But as goods was perishable & we could not see any way, So we changed the payment term & given him credit for 7days

After getting goods ,Buyer just got turned from his promise & stop to receive our call neither replied mails, We followed up too much, But no response from him Whether we also approached Embassy On India In Colombo But still we have not received any satisfactory answer.

Now we are planing to send him Legal Demand Notice From PUNE India & Thinking to take Legal Action in local court in india ,

Kindly advise, Is is sense full to do this & Will Local/Civil Court help us to get our money back.

Thanks

Regards

Bharat Jain

Reply Follow

2 Replies

Sunil S Nair (lawyer) 09 July 2014

Weather you had any agreement with him prior to you business see if there is Arbitration clause, when you gave him a credit period for 7 days it must have been communicated with the bank who stood between you and the importer if there is bank then take help of that bank to recover the money meet DGFT Dept and ask them for help, and in event to send notice you can do it with help of respected indian consulate so that your notice is properly served

BHARAT JAIN (Director) 15 July 2014

Dear Mr.Sunil,

Thanks for your valuable reply,

However we had not make any agreement , But just having his Purchase Order For the Product, Which he ordered & we had exported, Moreover, He also made us compel to change payment term from Delivery Against Payment ( DAP) to DA ( Credit For 7 days after receiving product)

It was all his bas intention to make cheat, & He is still running his business without fear & nothing has happend with him.