What are the costs of commercial recovery proceedings in India?
We are a Polish company involved in a commercial dispute with a supplier based in Kolkata, India. The supplier delivered goods of significantly lower quality than the approved samples and delayed the delivery by approximately 1.5 months. The total order value was approximately EUR 150,000, of which EUR 40,000 has already been paid. The supplier has been unresponsive, dishonest, and uncooperative, causing us substantial financial losses, including penalties paid to our clients and the loss of long-standing customers with whom we had maintained business relationships for over 20 years. We would like to know the estimated cost of issuing a legal notice as an initial step, as well as the approximate costs, procedure, and timeline involved in initiating full legal proceedings in India to recover our losses and seek appropriate legal remedies.
Dear Client , Before you file a lawsuit, you can send a legal notice requiring payment, refund and performance. A legal notice fee will depend on the advocate and the level of complexity of the circumstances. In case the dispute is not resolved, a civil suit for recovery of money and damages, before the appropriate commercial court established under the Commercial Courts Act, 2015, may be filed, if the contract provides for or if the court has jurisdiction. Litigation costs and timelines will vary based on the value of the claims, court fees, evidence, and the complexity of the claim, and commercial disputes can take months to years to be resolved. Thank you for reaching out to Prime Legal.
You may begin by issuing a formal legal notice demanding a refund of the advance amount, compensation for losses, and performance-related remedies based on the contract terms. If the supplier fails to respond, you may initiate civil proceedings for recovery of money and damages, or invoke arbitration if your agreement contains an arbitration clause. Preserve all contracts, approved samples, invoices, correspondence, inspection reports, and proof of losses. The overall cost of litigation depends on factors such as court fees, the claim amount, complexity of the dispute, and professional fees of the legal representatives engaged. For further legal assistance contact us on our helpline number.
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