• Wrongful return of goods

Sir/madam,
I am a jobber in kolkata, I made some goods for a company but the company partially returned d goods after 2 months blaming on my late delivery. Where as my claim was that they didn't provide the raw material at the right time and even d provided it was in break ups which hampered my production. And the material provided by them was not upto our industry standard for which I returned there raw product but they return d goods saying to 'chal-o-fy' d good'. All these added to the production delay for which they r blaming me. Now the scene is that they have returned d good partially blaming on the delay on delivery and even asking me to compensate for the raw material of the return goods. All these happen after asking for the payment of my delivered goods. Another thing that to mention is that all there raw material have came on white paper n the return good have on a letterhead... Whereas all our bills are legitimate.
  So now my question is that is anything can anything be done?
Asked 2 years ago in Business Law from Kolkata, West Bengal
Hello,
 1. Send them a legal notice demanding the total due amount with interest if they are not obliging to pay  move to a  civil court.
2. You should file civil suit suit to recover the amount due. 
3. You have demanded the replacement of the raw materials and the delay was also explained to them so if they did not want the delivery they could have cancelled and also they waited two month to excuse to pay the amount  and returned the goods.
3. Since you have the documents proving the transactions and delivery of the goods, have got  a strong case.
Get the help of an advocate  and first send the demand notice then proceed in the court
S J Mathew
Advocate, Mumbai
1953 Answers
65 Consultations
5.0 on 5.0
1)did you enter into written contract with the company? 

2) what were the terms and conditions of contract ? 

3) what was the clause regarding return of defective goods and payment ? 

4) from the facts stated by you it appears that raw material were not supplied on time , quality of raw materials was defective and as such you had returned the defective RM 

5)since they have returned the finished goods partially and demanding payment for return of defective Rm it is in your interest to contact a local lawyer . 

6) issue company legal notice and demand payment for goods sold and delivered .  

7) if company fails to make payment file suit for recovery of outstanding dues  with interest
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
Dear Jobber,

How had you requested the supply of Raw Materials? Was it on pen and paper or by e-mail? Have you signed the delivery of raw materials whenever they were delivered to you? Have you complained to the company in writing that the raw materials supplied were of not industrial standard? If not, do you have any of the raw material left with you which were supplied to you by the company? Last but not the least, had you signed a contract?

If the answer to the above questions are yes, then you can file a suit under violation of contract act and recovery of outstanding dues with penal interest
Sidharth Das
Advocate, Kolkata
21 Answers
1 Consultations
5.0 on 5.0
Dear Querist
Send a legal notice to them and claim your money back if they are not ready to make the payment within 15 days from receipt of the notice then you can file a civil suit for recovery against them before court. Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) in order to make out a water tight case it is necessary that terms of contract be reduced in writing . 

2) however since you have the bills and delivery challan you can still file case against the company . 

3) it appears there is no dispute as to quality or quantity of goods as they have returned goods for alleged delay in delivery . 

4) please clarify as to whether the invoice mentioned period within which goods had to be delivered? 

5) it is advisable to contact a local lawyer and  issue legal notice  to the company
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
HI,
 1.  You have to  make a strong case that the delay happened due to their fault and delay, use the papers in plain paper as well the ones in your letter head, receipts, challan etc.and all communications.
2. You should send a legal notice and proceed further to recover before they come up with  any further claims legally.
S J Mathew
Advocate, Mumbai
1953 Answers
65 Consultations
5.0 on 5.0
Hi,
 First consult an advocate in your locality and send legal notice , do not delay. Depending on their response of your notice go ahead with a recovery suit.
 You can use all possible documents in your custody to show the transactions and also you have not breached the contract.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
First try to get the details from them in gentle manner and get the details why they refused.after getting copies of the same issue a legal notice and then file a suit for recovering the same.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. First keep in mind that once take them to Court, you may not get any further job from the said Company,

2. During the ensuing Puja season, it may adversely affect you financially,

3. So, the first suggession is that you should try to get the dispute settled amicably in your interest,

4. However, if you decide to take the companyt to court be whatever may, then file a recovery suit before the Civil Court with all the evidence of your getting the order, delay occured on the part of the Company,return of the good for so called late delivery and refusal to make payment,

5. Make sure that your claim from the Company is more than your expected legal expenditure,

6. Contact a local lawyer if you decide to go ahead with legal course..
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Dear Jobber,

Your bills and invoices lay a binding contract. How did you disptach your last three bills? Was it by post or did you hand deliver them?  If you posted the last three invoices, then you should take out the POD. Since, the materials returned to you are because of service delay as alleged, its not your fault as the raw materials received have been signed by you on a plain paper and which will prove that you have received the raw materials intermittently and hence you are not liable for the delay.

Send them an Advocate notice and Mr. Ganguly rightly observed that the Pujas are due to set in from next month. Try to settle amicably if possible or you can file a recovery suit under violation of Contract Act. Please be advised that it will take some time before suits are decided.

For any other advise, please feel free to call.
Sidharth Das
Advocate, Kolkata
21 Answers
1 Consultations
5.0 on 5.0

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