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Computer Peripherals Supplier V Importer

Date of Claim raised:01/10/2021
Date of Conciliation: 06/10/2021
Date of Settlement: 06/10/2021
Digest: Mediation/Conciliation/Dispute/Claimant/Respondent/Invoice/Settlement
Case Summary

This dispute occurred between a Computer Peripherals supplier based in Maharashtra as the Claimant and an Importer of specific goods as the respondent. The claimant had placed an order to import 3D printing solutions with the respondent and paid an advance of Rs. 5,41,649/-. The agreed time period for import was 45 days, and the same had to be delivered at the location of the claimant. The claimant had paid the advance, which included the cost of the product, the shipment cost as well as the insurance charges. The dispute occurred when the respondent failed to deliver the products even after 60 days from the date of order.

The Issue

The owner of the respondent's company had met with an accident and was unable to dispense off his order within the time period, and his team was not really capable of making the required contacts to execute the order. While this happened, the claimant's company had lost its customer, who in turn, had to supply. This created a major loss of business, and with the failing of the various attempts to complete the process, even post the 45 day period failed, the case was headed for litigation, and PrivateCourt was asked to step in as a last ditch effort.

The Resolution

The mediator studied all the aspects of the case at hand and realised that the inability on the respondent side was legitimate and was not intentional. While the owner still remained under treatment, it was impossible for the respondent to execute the deal and needed to be given time to resolve the issue. With multiple rounds of discussion with the claimant and the agents of the respondent, it was agreed that the respondent would be given time to refund the amount on humanitarian grounds.

The Settlement Agreement

The Respondent agreed to refund the entire amount on or before 18 months from the date of settlement agreement. The respondent further agreed to deposit a minimum amount of Rs. 15,000/- per month from October 2021.

The Inference

While meditating, following the natural law and human angle needs to be considered.