Machinery Accessory review: CHEATING OF MONEY IN NAME OF NOTARIZATION OF CONTRACT 1

I, Manmohan Singh is a proprietor of M/s Hytorc Division (India) based as a manufacturing company here in New Delhi. In September 2014 itself we got an inquiry in our mails for asking for supply of some materials to be manufactured in stainless Steel, to which we reverted back with our prices along with our terms & conditions based on their specifications, as it’s our standard routine procedure. The above said company approved our quotation and asked us to enter into formal contract, which we agreed. As the order amount & quantity was quite big and we thought of going cautiously from our side so we manufactured some samples on our own as per specifications to make doubly sure that the project is feasible. After manufacturing samples we asked there proper address of above said company and courier the samples for their approval but they clearly said us that they will not pay for samples but somehow we still dispatched the samples. Those samples got approved by them and in response they sent us formal contract copy which we negotiated with them and made amendments as per our terms and conditions. The above said company M/s Guizhou Import & Export Trading Co. Ltd people agreed to our every terms & conditions but asked us that the Contract will be signed at their Place in Guizhou Province in Guiyang city in their office. Though we requested to share the expenses as we were working on small margins and a SME company here in India to which they denied and insisted to come only for two days and sent us an invitation letter to us under following names:-

1. Manmohan Singh (Owner)

2. Sunder Lal Saini ( Business Development Manager)

We somehow managed with our expenses and went there to meet our Chinese counterpart.

Their while in the meeting on 6/11/2014 at their company office Road no-196, Water Rich, Naming District, Guiyang City, Guizhou Province, Zip- 550000, CHINA. The company Manager Mr. Liu and their other Asstt. Ms Lankey (who also interpreted for both the parties) told us that we have to share the Notarization fees for the Contract which they told is 0.002% of the total contract value .This fees stood up to US dollars $9600 from whom we have to bear the expense of 50% from our account which stood up to $4800. Though we denied paying any type of fees but they said it’s mandatory as per Chinese Law and before remittance of advance amount they have to share the fees of notarization to show the ingenuity of the deal from both sides.

Mr. Liu and Ms. Lankey in conjunction with Mr. Weicheng Ma the CEO of the company somehow managed to get signed from me a Performa Invoice & Trust Bond in their company’s favor from us and took the rights to perform notarization of the Contract on their own on coming next week Thursday the 14/11/2014 in Guiyang Notary and insisted us to do the remittance of $4800 into their company account. As we are unaware of Chinese Law, we did that remittance on 11/11/2014 from our designated ICICI Bank, Rajouri Garden branch to their Company’s account in Construction Bank of China in (Account details attached in form of Performs Invoice) Guiyang. We, both the parties; firstly, the owner of M/s Hytorc Division (India) the undersigned Mr. Manmohan Singh and Secondly, the General Manager (CEO) of M/s Guizhou Handier Import & Export Trading Co. Ltd signed 4 nos. of copies of the Contract. They told us that we will get 2 copies of the Contract, 3rd copy will be taken by Notarization department and 4th copy will be theirs. They gave us 1 of the signed copy and promised us to send the other copy along with the Fees receipt of the Notarization by express courier which they never sent till now and have stated in their emails that their GM will hand us the other 2nd copy when he will visit India after 40 days but when we insisted them to sent contract original notarized copy by courier they said it’s not safe to send through courier. Please note here that the time of visit of their GM Mr. Weicheng as per their version is the same time period which we have sought for making moulds (30 to 40 days in contract terms) before starting our production.

Now Sir, we were entitled and have every valid right & reason to get our Notarization Copy of Contract along with receipt of paid fees. At the same time our Chinese counterpart company

M/s Guizhou Handier Import & Export Trading Co. Ltd is bound as per the terms of Contract to pay us the advance money of 50% of total value of the contract which stood to

US $ 24, 022, 50.00 whom these people are holding and making undue delay on one pretext or the other which is further delaying the project itself as a result, deliberately from their side.

Now again, yesterday we got an email from their side asking us to pay further amount of $3843.00 into their company account before 20/11/2014, Thursday as per their version it’s mandatory for us again to pay this 50% of amount as fees; they are calling it as Poundage of Bank Charges. They are saying that if we do not pay this amount then their bank will not remit 50% advance amount to our company account as per prevailing Law in China account, this is again against the terms of Contract agreements. We told them to show us where it’s written that this fees is to be borne by us but they pay no heed to our request.

Sir, please help us as we are not at all aware of the prevailing Law of China. Though it’s written nowhere, that we are the party to pay bank commissions on remittance in the form of Poundage Charges. Moreover it’s clearly written in Contract that all T/T charges will be borne by the buyer itself on Page 3 Para point 4.

Now we are attaching the following lists of documents for your ready reference :-

1. Copy of Contract along with the Performa Invoice raised by the Guizhou Handier Import & Export Trading Co;. Ltd. People for asking for payment 50% for Notarization.

2. Performs invoice for Poundage Charges asking us to pay Poundage charges to their Bank Construction bank of China so that their bank could deal the 50% amount of as remittance.

3. Photographs of the meetings while signing the Contract.

4. Trust Bond in which we gave them rights for notarizing Contract by Notary Guiyang.

5. A form depicting total fees amount to be paid for remittance of advance money i.e. $ 24, 022, 50.00 of Construction Bank of China which they sent us to fill and sent the Poundage Charges to their account; Showing us that if they’re dealing with 50% of amount of advance as remittance .

6. All the copies of email correspondence.

We hereby request you that we are totally unaware of the Business transaction Laws prevailing in China and seek your generous help on the following points:-

1. What is the fee of Notarization of Contract in Guizhou Province Notary, China.

2. What is the remittance charges or Poundage Charges of Construction Bank of

China on US $ 24, 022, 50.00 to India.

3. How can your embassy help us to get check the authenticity of the notarized

Contract documents by our Chinese counterpart.

4. What is the course of action can be followed to acquire our 50% as advance money or 1% of the total contract value from the violating Chinese Firm as in the light of all the above facts against them.

The Detailed Format

1. Name of Indian Company: M/s HYTORC DIVISIONS (INDIA)

2. Contact Person with designation: Manmohan Singh (Proprietor)

3. Address: Plot No – 322, WZ – 107 A, Chand Nagar, New Delhi – 110018.

4. Contact No: +[protected]

5. Fax No:

6. E-mail: [protected]@gmail.com, [protected]@gmail.com

7. Name of Chinese Company : M/s Guizhou Handier Import & Export Trading Co.,
Ltd.

8. Contact person with designation: Mr. Weicheng Ma (CEO, GM), Mr. Liu ( Manager Age - 38 years)
Ms. Lankey (Age - 25 years, Interpreter/ Office Asstt.)

9. Address: Road No – 196, Water Rich, Naming District, Guiyang City, Guizhou
Province, Zip- 550000, CHINA.

10. Contact No: Mr. Liu Cell : (+[protected]), Office Landline : +[protected]

11. Fax No:

12. E-mail: [protected]@chinahandier.com, [protected]@vip.163.com

13. Amount involved in US Dollars: $ 4800.00

14. Nature of complaint against the Chinese company: Violation of Contract terms &
Conditions & collecting money
Illegally; misguiding us.

15. Present status of the dispute: They are demanding $3843 in their account on pretext that
their bank under Stipulation of Chinese Law needs
Poundage Charges before remitting 50%
Advance amount $24, 02250.00 in our bank account as per
our Contract.
Now They are not picking our Telephone calls and nor responding to our emails.

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