Hi, You can make payment through online/Cheque and if the party is not delivered the product then you have to file a case in the consumer court. It is better you can keep all payment bill so that it will help you.
Prepaid order not delivered
1)Party A is a buyer from Gujarat. Party B is seller from Tamilnadu. What if A paid for the order fully or halfly and party B not delevered it. 2) what kind of safety steps we can take in advance to make this type of business secure leagle 100% ? GST bill or eway bill will help? RTGS payment will help? Advance cheque will help? What is leagle safety we can take for future?
Asked 2 years ago in Criminal Law
Religion: Hindu
9 Answers
Payment on delivery with proper bills/invoices with GST number is the only guarantee against online purchases.
if B has not delivered goods inspite of receipt of full payment issue legal notice to B to deliver goods within period of 7 days of receipt of notice or refund money with interest
2) purchase order should mention that if goods not delivered interest would be charged at x rate
3) there should be arbitration clause in contract for resolution of disputes
Visa versa if seller B delever goods to buyer A. Term is payment after delevery. What is buyer dont pay for the bill ? 1)What leagal procedure shuld be follow by seller for post delevery payment?? 2) In special case where buyer dont have any Gst No.
Asked 2 years ago
if buyer fails to make payment inspite of receipt of goods issue legal notice to buyer to make payment
file summary suit to recover your money with interest
- If the Party A placed order to Party B after paying even half amount then it will considered as an oral agreement between both the parties , and B is under obligation to fulfill to deliver the goods to A , otherwise A is having his right to take legal action against B to recover the paid amount with interest for the delay period
- Hence, for the safety the Party A can enter into an agreement with B after mentioning the conditions of payment and delivery of goods .
- Further, A being the consumer can approach the Consumer Court for the fulfillment of the order .
- Further, if the goods received by A and not make full remaining payment , then the B can recover the balance amount from A legally after sending a legal notice
1. No payment, no delivery.
2. It is no the buyer, it is the seller who requires GST registration.
1. If the seller has not delivered the goods even after receipt of full sale price and there is no agreement giving a time period till which the seller can hold the delivery of item, you may issue a legal notice demanding the delivery of the goods within a stipulated period, failing which you can initiate legal action for recovery.
2. You may have to make sure that you have proper documentary evidences to establish/prove the said transactions.
The seller can initiate similar legal action against the buyer for not making payment towards the goods supplied besides lodging a criminal complaint against the buyer.
You can also file a suit for recovery of your money towards the goods supplied.
You can file cas ef cheating against them as well as file suit for recovery of your paid amount. If you are consumer you can also file compliant in consumer court for deficiency of service
