Hi, We are supplier of poultry feed to poultry farms. In this case we supplied the material to a trader who is turn receive the goods from us and supply to his customer. We have all Invoices generated and lorry invoice where he paid the lorry transport fare to us. Around 3 lakh is due for payment. Now this trader is not paying the amount to us and delaying and avoiding our phone call. Material supplied from Tamilnadu where my firm is registered and Trader firm address registered in Yanam, puducherry, Near Kakinada in Andhra Pradesh. 1) I would like to know what is the best possible way to recover the money back from the trader 2) he is trying to cheat me and giving false details like his brother ordered and creating a new person as responsible and not sharing proper information 2) Should we lodge a police complaint or any 3) we have only invoices and no cheques collected from him. 4) when I went in search of the person to Yanam, he is hiding and not entertaining me to meet him in person. 5) he talks from different voices and trying to fool me out as a poultry farm owner but he is just a trader and supplied material to his customers from us. Kindly advise the best fastest legal process and procedures to get our money back. Regards Arul
1. Send a legal notice for recovery of your dues. If he fails to pay up, file a summary suit for recovery under order 37 CPC.
2. In that case, you also try and lodge a FIR against him.
3. You can take your chance. If there was an element of fraud attached to this and this fellow always had the intent to deceive you, you try lodging a FIR.
Send alegal notice initially, before sending any other legal recourse.
1. Send a legal notice to the trader and if he fails to pay back the money after the said notice then file a summary suit for recovery of the money.
2. You can lodge a police complaint, but most appropriate action will be filing a summary suit. Still you may try and file a case for criminal breach of trust and cheating.
3 Invoice are enough to prove that there was a transaction wherein he is liable to pay some outstanding balance.
4 Send him a legal notice immediately.
Regards
Send a legal notice to the said firm to calling them for payment, failing which you can file a money recovery suit (summary suit) in a civil court.
1) issue legal notice to trader to pay Rs 3 lakhs due and payable in respect of goods sold and delivered
2) if he fails to pay file summary suit to recover your money with interest under Order XXXVII Rule 2 of CPC
3) also file police complaint of cheating and criminal breach of trust under section 406 , 420 of IPC
Hi
1. File a recovery suit for the recovery of your bill amount.
2. File a criminal complaint under section 420IPC for the excuses they are giving you. Yes lodge a FIR.
3. Your invoices are sufficient for recovery suit.
4. Let him hide , once you file complaint police will search him and produce him in court.
5. File complaint and contest the matter for the recovery of your bills.
Thank You
Hello sir , you have to file a recovery suit against the trader .. The civil suit of recovery will be filed at the Place of your business ..
Dear Client,
Is there any agreement ?
Send legal notice or file case for recovery.
Hello every one, Thank you for your responses. i have few questions based on your responses. 1) For now i have his home address and office address printed in his invoice, but when i went searching him he is not staying in both the premises and he is residing currently in different address in a rented home shifted recently. I understood he shifts home frequently. But the GST and TIN number is registered in Yanam office address only. In this case, should i clearly note his current new address to send the legal notice or can i hand it over in person to his home? please suggest 2) I understood we can file the legal proceeding from my place where my firm is registered but as per your advices above if i need to lodge an FIR should i do it in my native in Tirunelveli, tamilnadu police station or should i do it Yanam with puducherry Andhra police station. Which is the correct feasible one. please suggest. 3) Yes, this person is a fraud, he told he is a poultry owner and still claims the same until i proved him the poultry owner is different and i have spoken to him. He speaks in multiple voices telling this person is admitted in hospital and he is his brother speaking etc. He is a big cheater and hence more worried on how to file a complaint on him. 4) He has multiple phone numbers but 2 in his name which he uses frequently to communicate with me. 5) Do we have any fastest legal process to speed up the case. Can i get some rough timelines approximately for this entire process to settle. Could you please clarify above questions. thanks in advance. regards Arul
Do not hand over in person
Send to the registered address and write ALSO AT and send it to his present address
You can file the FIR at Tirunelveli, tamilnadu
File a criminal case and pursue with the police to finalize the investigation at the earliest
1) send notice at address mentioned in invoice and also at his new address
2)you can file FIR from your native place
3) you would get interim relief in summary suit within one year
4) if defendant does not file appearance o contest you would get ex parte decree in one year
5) police case of cheating would take over 10 years to be disposed of
If the said person in feeling/avoiding than there may be chances that u can file FIR against him for cheating, but this will need good contact and may be some luring/temp to police officials,
Legal Notice sent by registered post, on last know address, registered address amount to valid delivery, dosen`t matter by what note it returned whether delivered/received/refused.
Where the delivering of goods done, agreement executed - FIR feasible.
If u have any proof that he impersonate himself owner of farm than criminal complain is best and fast recovery. Better file FIR, that he impersonate a owner and after delivery of goods, on run.
Using multiple no. give boost ur case and his criminal intent.
1. Legal notice has to be sent either at the place of his residence or at his office. Alternatively, if you has his e-mail ID and whats app, the legal notice can be sent to email and whatsapp too.
2. Lodge a FIR at your native.
3. Collect all the evidences and lodge a FIR against him.
4. The recovery proceedings could take a good 2-3 years.
Hi if you want a fast and effective result , it is advisable to file FIR at his native place where he is supposed to be staying .. All you have to d is to oblige the local police officer and file a complaint of cheating against him .. do you have any transaction receipts ??
Hello Sir, Thanks for all the details shared. 1) He had sent sms in mobile mentioning he is owner of 3-4 poultry farms and also out of 4 load delivered he had given 1 direct poultry farm address and he had paid for that first invoice from his individual account. Other 3 loads are in dispute at the moment. Will this be sufficient to take it forward as criminal complaint? please confirm As ideally this is not correct to use other poultry farm details and inturn he gives his invoice to lorry driver and exchanges the bill near the factory before delivery. Unfortunately we came to know about this very late. 2) Yes, i have total 3 numbers and he uses different number always... out of which 2 shows in his name with Trucaller and other in some other name 3) SMS conversation from his mobile- will it act as an evidence or should i try to speak to him and try recording the conversation- please suggest. I have all the SMS sent by him where he passes the information of billing and delivery address, Where he said he is in ICU and spoke like other person(his brother and delayed for 1-2 months), etc. I would like to know if these SMS can act like an evidence legally? please confirm 4) Yes, i have all invoice receipt and lorry invoice receipts(which he paid during each load delivery) and also so far he had done 2 payments to our account for earlier load, one from his personal individual account and other from his firm account payment. 5) Also for last load where he gave poultry farm address but delivered to other firm, i had collected his invoice given to his customer for an evidence which has same date, lorry number, material details that he received the material and exchanged the bill and delivered to his customer. 6) If i try to lodge a complaint in police and take an example if it does not work out, still will i have choice to file a case against him? 7) when i enquired in his local area i understood he had cheated his first wife and married second for which case was filed against him and he had done the settlement for around Rs 10 lakh recently to his first wife. I got to know from local source in the Yanam police station. I doubt he could have used my money for this purpose also... 8) Last but not least, filing an FIR in Yanam for fast process followed by civil case from my native. will it be a good option to put pressure on him. Yes, i can also try to file FIR in Tirunelveli also in parallel, if law allows. As Yanam is 1300 kms away from my place i can travel couple of times if it would help resolve my issue. As my father is 65+ and might not be able to follow in regular basis to Yanam always. Thanks for letting me know that LEgal notice can be shared through email and whats up number also.- I have his email ID and whats up number as well Thanks and appreciate all your responses here. Regards Arul
1) SMS message can be used by you for filing criminal complaint of cheating against the fraudster
2) SMS messages are admissible in evidence
3) you can rely upon invoice and delivery Challan to prove supply of goods you can file summary suit to recover your dues
4)contact a local lawyer
For further assistance contact.
FIR is different and the recovery suit is different.
You are advised to pursue both, because both are for differed purposes and operate in their respective domains.
Send a legal notice first and see if it helps.
yes the content over the messages are admissible in evidence.
You may also reply upon other documents like invoice and challan
Please contact a local lawyer with all the documents
On the basis of invoices and other details you can file a money recovery suit against him either at his place or your place
A police complaint may not be maintainable but if you can influence police in his place, you may file a cheating and breach of trust criminal complaint against him with the local police in his jurisdiction.
1. You can send the legal notice to his registered address available with you which confirms the GST address also.
You dont bother about his shifting to different place, let the notice return undelivered, you can file the suit on this basis itself.
2. You can file a recovery suit in your place but as far as criminal complaint for cheating and breach of trust can be lodged in his native place which will be more effective.
3. You dont worry about his background, the police will take care about that, you just lodge a complaint.
4. The phone numbers will be useful for the police to trace him out.
5. The time taken for this process cannot be predicted, it depends on how vigorously you follow it up through various agencies including court.
1. The evidences in your possession about all the transactions should be safely secured to initiate proper legal action as per law.
3. The SMS messages may be downloaded and used as evidences in the complaint
6. The police complaint is an alternative action for recovery, the option to recover through civil court is always alive and the proper option.
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