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Default in delivery of goods by company


10-Mar-2023 (In Consumer Court Law)
I work for a company in Oman ,in sales . We received an order for supply of electric cables based on a quote from a delhi based manufacturer .We paid an advance amount to the company .Promised delivery was by mid december 2016 in Oman . Last 3 months or so we have been chasing the company for delivery of ordered goods or return of advance paid . Now the end customer whom we have deliver has informed us that they are no longer willing to wait as these materials are required for their shut down in April 2017 The company who has to deliver the goods mostly dont answer the phone , respond to mails . They once in a while make some commitments and then once again go into no response kind of situation Hence I am thinking of filing a case against the manufacturer for recovery of advance on a personal level as my company will not fight the case Pls advise how to move forward
Answers (5)

Answer #1
517 votes
In that. Case u can file suit for recovery before civil or commercial court in Delhi and recover amount along with mense profit. There is only solution for your kingly take steps asap for make effective rem
Answer #2
862 votes
You have no have locus standi to file a recovery suit in ur personal capacity.
It can be filed in official capacity and for that purpose, the company has to authorize you.
Before filing case, your company may choose to issue a recovery notice, though it is not mandatory in law
Its being suggested to try ur luck.
May be after legal notice, the party pays ur outstanding amount
Answer #3
717 votes
This is a non compliance of Contractual conditions. I am presuming that some sort of agreement was signed before paying advance money. The supply order was given by company and you are not entitled to claim refund of advanced money in your individual capacity. The jurisdiction clause and applicable laws clause will be important for filing any case in Indian courts. The whole dispute will be govern by terms and conditions of your supply order.
Answer #4
996 votes
If you have given advancev money for delivery of goods in personal capacity on certain condition agreed by you as well as manufacturing company then you can file case in personal capacity other wise your company can file case against him that also with in the limits of agreement
Answer #5
865 votes
Don't worry sir, as Iam Delhi based lawyer so as a legal adviser of yours I can resolve the issue. Any way, feel free to call me . I will help you resolve this matter.we will send legal notice and other formalities required.

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