1) claim compensation for mental torture undergone by you for failure to file bill of entry in correct name
2) if company refuses then you can file suit and claim damages
FedEx failing in its obligation
FedEx has on 3 separate occassions imported our shipment and filed Bill of Entry in the wrong company name. Our previous company names Tequity Ventures had imported with FedEx, giving IEC code, Phone number and address. We then changed our company to Tequity Engg Pvt Ltd(totally different entity). Only common item in that was the mobile number and address. IEC, GSTIN and AD code were different. But it seems FedEx backend has saved our previous company details. So for our imports, despite having clear commercial invoice with new comoany details and GSTIN, FedEx has been auto filing Bill Of Entry with Indian customs in our old company name. The process to ammend is so tedious and they have not even responded. And this has happened three times on 3 different shipments. In our latest shipment, when the item was underway, we (TEPL) even called the FedEx helpline mentioning the recurring issue highlighting correct BoE to be filed. We also re uploaded the right KYC and still they filed BoE in old company name. Payments were made from new Company and our banker reports with RBI. This has caused a lot of harrasment and mandays wasted. We want to see avenues to hold FedEx accountable. My questions; 1. Do I have a case? 2. How do I approach the situation legally?
Asked 2 months ago in Business Law
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7 Answers
Thank you for your response. Its good to understand that we have a case here. Can you please suggest how we can go about claiming compensation? I would like to do things properly in case it does lead to a legal claim. Additionally, are your services available for such a case? If not, do you have any recommendations?
Asked 2 months ago
1) what is the loss suffered by you for delays in obtaining g delivery of goods
2) did you have to pay any demurrage charges ?
3) based on loss suffered by you,mental torture undergone by you claim compensation
4) you can seek phone consultation or meet me personally
I would like to know whose responsibility it is to amend the name of the company in the records of the custom authority
Whether it's the importer or FedEx through which the shipments are being imported
Prima facie this appears to be a case of deficiency of service , subject to supplying the above information
If due to this discrepancy you have suffered any monetary losses then you can claim damages from FedEx provided you can prove that you infact incurred such damages
You can either file a complaint with the District Consumer Forum or a civil suit in the District /civil court having jurisdiction in the matter
Have you taken any at ken any action to correct this error and do you have documentary evidence to prove that your efforts were not responded by the Fed ex company?
If they have not responded nor had cooperated with you then there is no necessity for you to depend on them for future services, hence you could have served a legal notice on them pointing out their mistake, provided they were at fault and demanded the compensation for the damages you suffered due to their careless attitude.
If their services are deficient then you can even drag them to the consumer grievances redressal commission for compensation for the mental agony you suffered due to this.
If you have suffered any significant loss which is worthwhile spending towards litigation expenses, you can consult a local lawyer and apprise him about the problems along with the documentary evidences for the deficient services and the losses you suffered due to this.
Dear Client,
Regarding the problem with filing of Bills of Entry (BoE) with your previous company name, first of all, make record of all communications via calls and upload KYC documents. Go to the FedEx official page and report your case and make sure to remind them of the regular problem and its effect on your company. If they fail to respond adequately, you should write a legal notice informing the offenders to take appropriate action and treating losses. If the problem continues, go to the consumer forum under the Consumer Protection Act, which safeguard against unfair trading practices. It is advisable, to consult a commercial or customs lawyer who for help in composing the notices as well as to defend you, where needed. The related acts are Custom Act, 1962, The Consumer Protection act, 2019, Indian contract act, 1872.
Hope you find this answer suitable for resolving you query.
Yes you can claim deficiency of service against them and seek compensation from consumer court
