I received a damaged cargo in USA from seller in India. Where can I file a complain against him India?
Khatri fail to pack the furniture correctly. He packed it with cardboard instead of wood pallets and all was damaged during transit in the container. He probably did not even buy insurance. He now does nothing and the Shipping Cargo Globelink is rejecting the claim. Need help in this matter. Thanks
Answers:
You have to go after the carrier. The carrier actually damaged your property. It is up the them to prove liability of the shipper and collect damages from him.
Call customer support for any company in the U.S. I guarantee you will get an Indian on the line. Yell at the guy and tell him that your goddamn package is damaged. He will know who to contact and you will receive your money back.
If Khatri is a corporation, then it probably has a local/state agent for service of process. If so, you can file a claim where the goods were shipped to. Otherwise, it would pretty tough to file a claim in India, 1/2 a world away from you, without incurring considerable costs.
More information is needed for my "Arm Chair Quarterback" analysis.
The India branch or UPS
1 888 INDIA-UPS
Your in a tough spot. To begin with you should have made sure you were insured. However most shipping companies in Canada insure you to a maximum of $2 per pound. Not sure how it is in the states. Call the shippimng company and ask about their policies. Don't tell them why make it sound like you have something your wanting shipped from a similar place as the damaged shipment
You will then at least know if you have any coverage.
Most likely however you will have to go after seller. Good Luck
next time buy your furniture in the USA. that's what is wrong with this country...every one buying the junk from overseas instead of supporting american workers and companies. should teach you a good lesson.
This is the second time that I know you have addressed this question on freelawanswer.com .
Please read Yahoo's TOS about repeatedly asking the same question.
Get an attorney versed in international law.. This matter will have to be settled in India as that is the location of the shipper.
If he has insured the goods, he should have sent you a copy of the insurance policy
1. Make a complaint to the Indian consulate (better go to the consulate and meet the trade attache).
2. Write a mail to the Min of Commerce and the Min of External Affairs
3. Find the name and address of the Export Promotion Council which is responsible for the furniture trade and send them a complaint
4. If he is a member of any trade body / chamber of commerce - send the complaint to them too
5. File a lawsuit
6. Get him blacklisted by the Department of Customs here
7. Send the complaint to his bank
8. Send a copy of the complaint with pictures to the local news papers in his city (make sure you include all the newspapers - mainstream english and regional language ones)
9.
Also depends on whether the shipment was commercial or personal ?
All the above is no guarantee you will get your money back, but you can create some grief in Khatri's life
Can give you more pointers if there are more details.
hey please do not do as the "jerk" micheal answered you to do, please do not yell at any customer service agent they are too humans no matter indian or ausse or american, just cll customer care and ask them what can be done and file a case legally for refund and for sure you can get the refund, but be specific which website did you go to order?
1. Send complaint to the Indian consulate with the request to forward it to the customs, FICCI, PHDC, CII and Export promotion Council of India .
2. File a lawsuit for criminal breach of trust
3. Write complaint to the bank of the shipper
4. Mail a copy of the complaint with pictures to the news Channels and papers in India. - english and regional language ones)
5. Write complaint to the shipper
Courts in USA are fast
Sorry the news is not good for you.
You should have bought cargo insurance for your shipment, Shipper is not liable for any losses if you fail to insure your purchase overseas.
Carrier are liable for only $20/10Kg and maximum of $500.00 per shipment. read the back of your Bill of Lading carefully.
You should have arranged your own shipping with a local shipping agent in the USA.
A Good place to buy cargo insurance: http://www.snapglobalinc.com/12.html...
In your case this is a clear case of deficiency of services provided by this person Khatri as well Cargo agency handling your cargo. The Cargo agency cannot refuse to entertain your claim as it is there duty to secure proper delivery of the cargo. As far getting the insurance of the furniture in question by Khatri or Cargo agency is concerned they should have got it done when they were charging you for their services, failure to do so also amount to deficiency of services. In short the relief you can claim against both this person Khatri & the Cargo agency for the damages & cost under the Consumer Protection Act through the consumer forum in the district/state where Khatri & office of this cargo agency is located in India.
If there were no specification for packaging in the order placed with the seller, then there can be no claim against him. Also, for insurance, unless the responsibility was on the seller to arrange for transit insurance cast specifically, no claim can lie against him. It is the responsibility of the buyer to arrange transt insurance for goods, on Free on Board basis.
But the carrier has responsibility to handle the cargo properly, if the goods had been declared properly, in the Bill of Lading or Air Cargo invoice. Since part of the cause of action has arisen at the port of destination, you can sue under the Consumer protection Law or carriers law of the land of destination.
If only the conditions precedent as in the first paragraph are present in your favour, you can sue the seller i India, under the consumer protection act, before the district Forum,/state Commission/National Commission for claims upto Rs. 20 lakh, one crore and beyond one crore, respectively.
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