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Rupali Shah   05 May 2025

Case for recovery of amount and recovery of compensation

Sir,

I purchased dry fruits from  my manufacturer.  Mymanufacturer had no sufficient quantity of goods with him, so he asked to his friend, who is also manufacturer, to complete my order.

I paid entire amount to my manufacturer in advance as agreed. My manufacturer asked his freind to dispatch goods to me.   Instead of dry fruits, i received wheat in transport. i complained to my manufacturer.  The  friend of my manufacturer is refusing to take any responsibility.  Transport company is well known company who shown me transit record. There is no any mischief on part of transport company.  The friend of my manufacturer has made fraud and cheated me.

I want to recover my money and also compensation because i have suffered huge loss. 

Pl guied me from whom i can recover my money and from whom i can recover compensation.

thank you.



 6 Replies

R.K Nanda (Advocate)     05 May 2025

Do you have bill of paid amount from manufacturer..

T. Kalaiselvan, Advocate (Advocate)     05 May 2025

You have to recover the amount from your manufacturer alone and not from his friend because you paid it to your manufacturer and not to his friend.

 

Advocate Bhartesh goyal (advocate)     05 May 2025

Since privity of contract was between you and your manufacturer and not between you and our manufacturer's friend also payment of dry fruits as made tour manufacturer  so you can claim money from your manufacturer and not to his friend.

balas (Chartered)     05 May 2025

Hi, You have a right to claim against the manufacturer with whom you placed and paid for the order. He has subcontracted the same to supply to you. At best, you can play ignorance of wheat delivery and ask your friend manufacturer to deliver the balance of quantity. It appears to be a fraud , schemed by both.

 

Rgds

BS, FCA, LLB

R.K Nanda (Advocate)     05 May 2025

If you don't have any documentary proof of payment given to manufacturer then you can't recover it.

Keshri   05 May 2025

If you have any proof in the time of delivery like videos or photo 

And propper bill is mandatory then u can suit against him. Because this fall into under consumer protection law. 

Your right to claim your losse 


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