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manraj (MD)     07 January 2020

business party not giving payments.

What legal action can be taken against a customer for non payment of bill?
I manufacture Wooden doors and one party from Bihar purchased good worth 6.5lac and now it's been 5 months and he is giving me a run around.
I've already paid the GST and filled returns for the same bill.
The person is native of Bihar and floated a trading firm in my town (YamunaNagar) and even got a gst registration by showing Rent agreement. When I looked up his GST returns on gst forum, I came to know he has not even filled gst returns since 5 months.
This was my second deal with this party, the first deal went smoothly and he paid cash upfront, but on second deal wanted 15 days credit.
please guide me what are the chances and legal ways.
Thank you .


Quick Summary
A business owner is seeking advice on how to recover a 6.5 lakh payment from a customer in Bihar who purchased wooden doors and has not paid for five months. The customer, who previously paid upfront, requested 15 days credit for the second order and has not filed GST returns for the period. Advice suggests filing a police FIR for cheating and fraud, or a private criminal case if the police don't act. A complaint to GST authorities is also recommended, alongside sending a legal notice.

 3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     07 January 2020

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting Documents & Witnesses. 

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement. 

3. ALSO write a complaint to the GST authorities, for investigation & prosecution against the dealer. 

Keep Smiling .... Hemant Agarwal 
VISIT: www.chshelpforum.com

Shashi Dhara   07 January 2020

Issue legal notice if they did not repay then take legal action as per law civil or criminal.

Daniel Martin (Nusin)     07 January 2020

Please draft legal notice

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