Why was logistic company unable to clear the goods for period of one month ?kindly elucidate
you are liable to pay demurrage charges for non clearance of goods
it is necessary to peruse all the correspondence mentioned by you to advice
Urgent legal assistance - Unjustified detention and demurrage charges for vessel delay at Nhava Port (IINS)
Dear legal counsel, I am writing to seek immediate legal assistance in addressing an pressing issue concerning the detention of vessel IINS at Nhva Sheva Port. Below is a timeline of the events. - Arrival: Shipment arrived at the port on the 18th of May. - Prompt Documentation: Bill of entry was filed on the 19th of May, and GST for the shipment was paid by 28th May. - Unfounded Delay: The logistics company responsible for clearing the vessel was unable to meet their obligations between 28th May to 24th June, leading to exorbitant detention expenses for two shipments, as delivery urgently needed to be made to the customer. - Self-resolve: I was forced to visit Nhava Sheva port on 24th June and undertake the necessary clearance measures myself. Despite producing all necessary documents in a timely manner, my company has continued to face detention fees and demurrage for non-compliance with port authorities. I am seeking your experienced guidance in disputing and securing a refund for these unwarranted charges. It will be highly appreciated if you could kindly review the situation and advise the suitable course of action to ensure justice regarding this matter. I have detailed the relevant documents, correspondence with the port authorities, and proofs of payment ready for your examination if required. Please let me know what further information or action may be needed from my end, and we are prepared to cooperate in order to resolve this issue promptly and equitably. Thank you in advance for your time and assistance in this matter,
Asked 6 months ago in Civil Law
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
6 Answers
The detention fees and demurrage charges are to be paid for a period beyond the one allowed.
If your logistics company did not abide by the conditions and it has delayed the process without follow up, unnecessarily then the company has to bear the charges levied by the port authorities.
If you have relevant documents for clearance then why did you not approach the port authorities immediately when you had the clearance.
The Port authority is a different authority to that of the clearing agencies inside the port.
The port will levy demurrage charges for detention beyond the permissible period.
However if you are planning to proceed legally against the port authorities you need to have supporting documents to establish your genuineness in the claim you are proposing to make now.
You may consult a lawyer with all your documents and proceed on the basis of the suggestions received
Dear Client,
To address the detention of the vessel IINS at Nhava Sheva Port and secure a refund for the unwarranted charges, here are the recommended steps:To address the detention of the vessel IINS at Nhava Sheva Port and secure a refund for the unwarranted charges, here are the recommended steps:
1. Documentation Review: Ensure you collect all the documentation, including the bill entry, receipt of payment for GST, communication with the logistics company, and voicemail from the port authority. Make sure that the adoption plan includes the timeline of events as well as compliance with the following document.
2. Legal Notice: Write a legal notice to the logistics company and port authorities, raising awareness about how their duties were not met, which leads to unjust imprisonment and demurrage fees. This means that you can demand a refund of these charges while presenting proof that you conducted the actions as and when expected or that the delays were not your fault.
3. Engage Legal Counsel: Act swiftly and seek the legal advice of a maritime or logistics attorney with specific knowledge of port operations and relevant legal conflicts. Convey your timetable, the submitted papers, and the legal notice to them for their consideration. They can advise you on the best legal recourse, and should you require it, they can defend and RT you.
4. Formal Complaint: In case the legal notice does not elicit a favourable response from the receiver, seek to escalate the matter by lodging a complaint with the regulatory agencies in charge of ports and logistics service providers, as likely indicated by the Directorate General of Shipping or Customs Authority.
5. Mediation or Arbitration: Present the concepts of mediation and/or arbitration as forms of more severe conflict resolution. These tend to be faster and less confrontational than those and proceedings in court.
6. Legal Action: In the worst-case scenario, it is advised to launch a lawsuit against the culprit persons for the recovery of the undue detention and demurrage fees based on facts like breach of contract and negligence.
This is a very important point that one must always take heed to: make sure that records of all communications and activities are kept well.
- Since , you have already submitted the necessary documents very next day of arrival of the shipment, and hence the said company was under obligation to deliver the shipment after receiving the charge i.e. on 28.05.2024.
- Further, for clearing the vessel you are not responsible and the said delay is caused by the fault of the company.
- You can send a legal notice to the said company to refund the paid detention fees for which you was not accountable to pay.
- Further, if no positive response, then file a complaint before the Consumer forum or the Court on the ground of deficiency of services , for getting the refund of paid amount and to claim compensation for the harassment.
1. You shall have to determine where the Port has gone considering the Rules and also your contract/agreement with it.
2. You you find irregularities on the part of the Port, you can approach the Court including filing of W.P. before the High Court.
It is not clear from your query whether you have already paid the detention charges and demurrage to the port authority and got the shipment cleared and consignment delivered to your client
If the dues are already paid , then you need to seek the refund thereof along with other expenses from the logistics company as and by way of damages by filing a civil suit for damages against the logistics company
If the port dues are yet to be paid and your shipment is held up and you are disputing the charges finding them unnecessary and illegal then you will have to file a petition in the High court in its maritime jurisdiction
