If he has any office in India you can file a suit for the same otherwise you need to take remedy in France. If thee is any arbitration clause you can also exercise that remedy
Exporter from France took money and never Send the goods. Account is now with Liquidator
We paid Rs. 50 lakhs as 50% advance towards export of Dairy ingredient called "Whey Protein Concentrate 80" instant in August, 2023 through bank transfer "Nutriline". After receiving an advance, the exporter bought some time on the pretext that the material is under production. Sometime later, the French party took a U Turn and said he cant supply as he had financial difficulty. Once we probed further we got to know that the account is in liquidation. And the account number where we paid money is now under control of liquidator in France. We had been outrightly cheated. Upon continuous follow up Nutriline owner agreed to pay Euro 10000 in the account which was in control of liquidator and asked us to send a swfit recall of same amount through our bank. The recall was rejected by the bank as per instructions of liquidator. We wrote to their liquidator that our money should be returned first as we have had no regular transaction with this party before and in the very first transaction we got cheated. The liquidator did not pay us even Euro 10000 despite instruction from party and says the account is in liquidation and there are creditors worth more than 5 million euros. Now the party and liquidator both don't want to pay. What is my rights, how can I recover 50 lakhs .
Asked 12 months ago in Criminal Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
5 Answers
It is doubtful that you will be able to recover your money
file your claim with liquidator in France
3) you are un secured creditor.liquidator will pay the secured creditors first
The liquidator has to go by the law in order to make payments to the creditors of the party.
You can get yourself impleaded as one of the secured creditors by giving the evidence of the payments made to the party.
Since the exporter's finance and the bank accounts are in the control of the liquidator, any amount coming into the account of the exporter will automatically go into the control of the liquidator, hence you cannot do anything about it.
You may wait for your turn because the police in India cannot take up this case neither the police of that country will be of any use to you.
Dear client,
If the conditions you stated warrant legal action in India, you might want to consider doing so. In such circumstances, you may look into your alternatives under the Indian Contract Act, 1872, particularly the provisions pertaining to contract breach. To seek redress for unfair trade practices and service deficiencies, you may also think about contacting the relevant consumer protection agencies in India, such as the Consumer Protection Act, 2019. Moreover, since the liquidation is happening in France, starting a lawsuit there might be an alternative. The Hague Convention on the Service of Judicial and Extrajudicial Documents Abroad is one international legal framework that may be pertinent.
Hope this helps you.
- Since, you have enter into a contract with the said exporter after payment of the amount , then the exporter is under obligation either to deliver the said product to you or to refund the amount paid by you,
- Further, it is not your problem to know the causes of delay and their financial hardship due to any reasons, and it amounts to deficiency of services on the part of the foreign supplier and against the trade practice.
- Hence, you can lodge a complaint before the Directorate General of Foreign Trade, Ministry of Commerce & Industry, Government of India against that supplier of France,
- Further, you can also lodge a complaint as a creditor before the said liquidator for getting the refund of the paid amount .
- You can also send a legal notice to the said party and the liquidator including the bank .
