• Faulty T-Shirts with print

Hi

I ordered a 1000 t-shirts with prints from a supplier in India and they have been delivered in a very poor state. Most of the dark t-shirts have ironing marks on them and most have defects of the printed design on them. 

I've complained to Alibaba who i used to find them and they have suspended their account given the evidence i supplied.

I would like to look into legal action to try and recover at least some of the money i paid for the t-shirts as i cannot sell them in the condition they are in.

Can you help?

I'm UK based and my email address is [deleted]
Asked 10 years ago in Business Law

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13 Answers

1.Yes, you can file suit for recovery of money against the losses you suffered.

2. You can file criminal case of cheating as well.

However both these will have to be filed in India and in that even your presence from time to time required which may not be suitable for you.

So in alternative you can file case from UK also but the order if passed in favour will be difficult to execute in India.

Check whether an Arbitration Clause is there in the contract between you and the supplier in which event you can initiate arbitration proceeding in UK which is easy to be executed in India.

Devajyoti Barman
Advocate, Kolkata
23222 Answers
514 Consultations

have you paid them in full

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

1. What remedial measure has been mentioned in your agreement with the supplier in such events? Was there any arbitration clause? If yes, then initiate arbitration proceeding as the said clause,

2. If no arbitration clause is there in your agreement, file a Recovery Suit against the supplier in Indian Court,

3. You can also file a criminal case in India against the supplier for cheating you.

Krishna Kishore Ganguly
Advocate, Kolkata
27460 Answers
726 Consultations

Where in India is your supplier from?

Krishna Kishore Ganguly
Advocate, Kolkata
27460 Answers
726 Consultations

You can choose any of the lawyers from this site or from other place.

Devajyoti Barman
Advocate, Kolkata
23222 Answers
514 Consultations

in which state is TIRUPUR,

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

1) it appears to be in South india . maybe tamil nadu .

2) it is necessary to go through contract signed by you with indian supplier .

3) if your contract has arbitration clause then invoke said clause . you can obtain an award in 2 years time .

4) you can also file suit for damages but it would take 20 years to be disposed of .

5) you should file criminal case for cheating under section 420 of IPC against the indian supplier . but for that you would have to go to Tripur .

6) it is better to contact local lawyer in Tiripur for taking legal proceedings

Ajay Sethi
Advocate, Mumbai
96942 Answers
7822 Consultations

1. Engage a local lawyer from Tirupur,

2. Lodge a police complaint at Tirupur.

Krishna Kishore Ganguly
Advocate, Kolkata
27460 Answers
726 Consultations

1) if you need to lodge a police complaint against supplier from Tripur you have to go personally to police station to do so

2) if you want to file suit for damages you have to sign the plaint and other documents . hence advisable to go to tripur engage a local lawyer . if you have some contact you can give him POA but you have to be certain he is trustworthy

Ajay Sethi
Advocate, Mumbai
96942 Answers
7822 Consultations

1. For filing of criminal complaint the complainant need to lodge complaint in person. If you can not come in person, then you can send any of your official

if one is there in India to represent your company for the purpose of lodging a complaint.

2. For civil suit you can equally give power of attorney to any of your Indian staff to file and initiate so later on you can come to give evidence.

Devajyoti Barman
Advocate, Kolkata
23222 Answers
514 Consultations

you can give SPA to any of your relatives for civil cases,and criminal cases you can file a complaint in police station of your area and if no action is taken then FIR can be registered under 156(3) for which your presence will be necesary,and once FIR is registered then your presence will be required only at the time of evedence.

i think to begin with send him a legal notice

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

Matt

you can send email at [deleted] for further action.

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

you need to contact any of the experts directly .

Ajay Sethi
Advocate, Mumbai
96942 Answers
7822 Consultations

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