Reply to legal notice disputing logistics service charges on behalf of client

REGD. POST / ELECTRONIC MODE

MR. Recipient's name

Executive Director

M/s. Recipient company's name Pvt. Ltd.

Unit Unit number of recipient's address.

Recipient's address

Sub: Reply to your Letter / Notice dated Date of notice issued by you to my client, Client company's name.

Dear Sir,

In reference to your Letter-cum-Notice dated Date of notice addressed to my client, M/s. Client company's name, I have been instructed to reply thereto as under:-

At the very outset, I wish to inform you that your notice is based on wrong, false and incorrect facts, and the contents of your notice are therefore false, frivolous and baseless, except to the extent the same are specifically admitted by my aforesaid client. Had you been aware of the ground situation prevailing, you would yourself have appreciated the entire scenario. Without prejudice, I reply to your notice as set out in the following paragraphs.

The notice under reply is based on false and frivolous facts and is liable to be withdrawn by you outright. Your conduct in issuing the same makes it evident that you are asserting false and unreliable information which has no ground reality.

That my client has been a consistent and reliable partner, delivering high-quality logistics solutions across India. Your company has previously acknowledged the dedication and commitment of my client to providing seamless services without any interruptions. However, my client has noted your recent concerns and will address each point systematically.

That my client has provided all services on a pan-India basis from the very first day without any problems. This is evident from the previous months' invoices of my client, which you paid, and your management neither stopped any payment nor raised any debit note against my client. However, in the past few months, since your company has changed its customs broker and transportation provider, you have raised disputes concerning old bills and the services of my client.

Response to the Letter/Notice on Merits:-

That you have raised objections to the miscellaneous charges of Rs.Disputed miscellaneous charges (₹)/-, stating that they are beyond the market rate and that you would accept only Rs.Amount offered by recipient (₹) as a reasonable charge, based on your experience with other vendors. In response, it is stated that the charge of Rs.Disputed miscellaneous charges (₹) is consistent with the amounts charged in prior invoices, which were approved by your former management, specifically by Mr. Former manager's name. This precedent indicates an established understanding of the necessity and reasonableness of these charges. These charges were incurred due to delays in receiving the necessary documentation for EPR (Extended Producer Responsibility) and LMPC (Legal Metrology Packaged Commodities) submissions. Despite multiple reminders, your company failed to provide the required documents in a timely manner, necessitating additional efforts on the part of my client. The charge is not arbitrary but reflects the actual additional resources and interventions required. Variability in charges is a common industry practice, dependent upon the specific interventions required at customs ports. This has been communicated to your team on multiple occasions and is in alignment with industry standards.

You have further disputed the detention charges, contending that the cargo should have been released within Free hours for cargo release hours of payment of customs duty on Date of customs duty payment, whereas it was in fact released on Date of cargo release. You have alleged that this delay and the resultant detention charges are attributable to inaction on the part of my client. In response, it is stated that the detailed timeline must first be examined: the Bill of Entry (BoE) was filed on Date of BoE filing; customs duty was paid on Date of customs duty payment; and the KYC submission was made by you on Date of KYC submission, one day after the payment of customs duty. Initially, the shipping line raised an incorrect debit note for factory de-stuffing instead of port de-stuffing, necessitating a revision. A revised debit note was issued on Date of revised debit note, correcting the previous errors and providing a 14-day free time extension. On Date of pending response, my client awaited your response regarding payment and container release. The next two days (First intervening date and Second intervening date) comprised a Sunday and a public holiday on account of the Parliament election in Location of Parliament election, further delaying the process. A WhatsApp conference call was organised on Date of WhatsApp conference call, involving key stakeholders, in which the debit note was recalled and the payment was released. The container was subsequently released on Date of cargo release. This timeline demonstrates that the delay was significantly attributable to your internal processes, including the late KYC submission and the erroneous debit notes, which were entirely beyond the control of my client.

You have further disputed that 55 sqm was booked for one container, whereas my client charged for Square metres charged (sqm) sqm. In response, it is stated that the records of my client, verified during a visit by your representative, Mr. Recipient's representative's name, on Date of representative's visit, confirm that your goods occupied 110 sqm across seven BoEs. Mr. Recipient's representative's name acknowledged and agreed to this during his visit. This information, together with the standards for warehouse space calculation, was communicated to your management, and the charges applied are accurate and justified on the basis of the actual space utilised.

You have alleged that my client is harassing and blackmailing your company by withholding services and making false commitments regarding payments. In response, it is stated that, despite delayed payments and unsubstantiated debit notes raised by your side, my client has continued to provide services in order to avoid disruption to your operations. This demonstrates the commitment of my client to maintaining a professional relationship. The recent changes within your company, including the appointment of a new customs broker and transportation provider, have coincided with the withholding of payments for the services of my client. This pattern suggests a deliberate attempt to avoid settling valid invoices. The invoices of my client reflect previously negotiated rates, and my client has not charged for additional travel expenses, further evidencing our efforts to maintain fair billing practices. My client has consistently provided discounts in its invoices, which must be taken into account when evaluating the charges of my client.

My client values its partnership with you and hopes to resolve these issues amicably. However, if the payments are not settled, my client will have no choice but to pursue appropriate legal remedies to ensure recovery of the dues and to protect its interests.

As such, the grounds / contents raised in your letter are false, unknown, shocking and frivolous. The contents of the letter under reply are wrong and are denied as stated.

As such, my client is taken aback by these fabricated and false narratives which have no ground reality whatsoever. Therefore, my client has instructed me to initiate strict legal action against you if you fail to withdraw this notice, and my client is not liable to pay any damages.

In light of the above, my client calls upon you to immediately release the pending advance payment against the PI for the current shipment of my client, and to make payment of the full amount of Rs.Disputed miscellaneous charges (₹)/- towards the miscellaneous charges as previously agreed upon and substantiated by the service records of my client, along with resolution of the outstanding payments for the past three to four months, so as to avoid further service disruptions. If you fail to release the same, my client will have no choice but to initiate legal action to protect its rights and interests. Please note that my client is also entitled to claim compensation for any losses it may have suffered as a result of your false and frivolous claims.

Please note that in the event you initiate any legal proceedings against my client, you shall do so entirely at your own costs, risks and consequences. Any action you may choose to threaten or institute shall likewise be at your costs, risks and consequences thereof.

This notice carries no legal force or effect. Should you, notwithstanding this, propose to take any legal action against my client, you shall do so at your own costs, risks and consequences thereof, for which you alone shall be responsible.

A copy of this notice has been retained in my office for further reference and necessary action.

Advocate's name

Advocate

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