I received a damaged cargo in USA from seller in India. Where can I file a complain against him India?

Question

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

Answer 1

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.

Answer 2

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.

Answer 3

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

Answer 4

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.

Answer 5

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.

Answer 6

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

Answer 7

You have to obtain an injunction against any possible sale from an indian court- the court which has jurisdictio over the subject property. whether you are an indian citizen or not is immaterial. you need to find a competent advocate - which you can do by searching the net. you need to explain the problem to him and ask him to get an injuction - the job is simple. you can do one more thing. insert an advertisement in english and vernacular dailies circulating in the area (in india) clearly stating that you r the owner of specified property and you have not given any power of attorney to anyone. the advocate can do this also. it is not necessary for you to come to india for filing the suit. you can affirm the documents before the specified officer of indian embassy whereever you are and send it to the advocate.

Answer 8

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

Answer 9

This is the second time that I know you have addressed this question on yahoo answers.
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.

Answer 10

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.

Answer 11

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.