LABOUR

CONTRACT
AGREEMENT
 BAJAJ ASSOCIATES
Advocates & Legal Consultants
Virendra Bajaj
Advocate
Delhi High Court
Enroll. No. D-213/86

Office: G-32C, Gulmohur Green, Mohan Nager, Ghaziabad -201007

Court: - Chamber No. Y-3 Civil Side, Tis Hazari Court, Delhi-110054
Mob. 9818181139. Email virendrabajajadv@[Link].
 . Dated; - 30.12.2023.
To,

M/s A and S LOGISTICS

Ground Floor Shopno.4
Property No 9 F/9, Khasra No.1673
Kishan Garh
Vasant Kunj
New Delhi-110070.

SUBJECT -LEGAL NOTICE FOR BREACH OF CONTRACT AND SPECIFIC

PERFORMANCE IN RESPECT OF CONSIGNMENT IMPORTED FROM SHANGHAI,
CHINA BY MY CLIENT M/S GURSIM TECHNO INDIA, B/L NO. RHSHA17100992 DATED
16.05.2019, AND B.E NO. 3836048 DATED 27.06.2019, IEC NO.0512056641 UNDER INDIAN
CONTRACT ACT 1872 AND SECIFIC RELIEF ACT 1963.
Sir,

Under instructions from and on behalf of my client Mr. Sawan Singh proprietor of Messer’s
GURSIM TECHNO INDIA, 41 Anand Industrial Estate Mohan Nager Ghaziabad, -201007. I
hereby serve upon you with the following legal notice.

1. That my client had imported one set of printing machinery including a laser printing
machine tube machine, digger machine, and vibration disk from Haining Ferriwo Electronics
[Link] having an office at 4/F Kechuang Mansion,Shuanglian Road, Haining Economic
Development Zone Haining Zhejiang-314400 China vide their commercial invoice
no.FWC119GT-101 DATED 25TH MARCH 2019 amounting to USD6975.52 EQUALIANT
to INR457022 at that time as per the Exchange rate.

2. My client is a first-time importer and is new in this field and approached his supplier m/s
Speedofer Components Private Ltd to suggest someone custom clearance agent to look after
the formalities of import. Since Speedofer is a regular importer at that time he has suggested
your name for this purpose.

3. My client has given his consent for the engagement of you as A and S logistics for clearing
this consignment and requested Speedofer Components Private Ltd to help my client with
initial correspondence with the clearing agent.

4. My client has authorized and appointed you as his custom clearance agent for releasing the
consignment and handing over the relevant paper such as commercial invoice, packing list,
certificate of origin, import license, IES code, bill of lading, and other documents related to
the imports of this shipment to you for your further action and fulfills the further formalities
such as bill of Entry with customs authorities and central warehouse corporation for releasing
the aforesaid consignment. Further, you have filed the bill of entry with the customs
authorities vide no. B/L NO. RHSHA17100992DATED 16.05.2019,

Further, my client released the payment to the supplier M/S Haining Ferriwo Electronics
[Link]. China through YES BANK amounting to Rs457022.30 on 5th April 2019 towards the
cost of a set of printing machinery and against the supplier bill no. FWC119GT-101 dated
25th March 2019

5.. My client has come to know that the aforesaid consignment reached port on 26 th June
2019, and you informed my client through Speedofer Components Private Ltd for depositing
customs duty amounting to Rs138378.

6. My client on your call, deposited the customs duty on 11 th July 2019vide ICE gate
reference ID IG110719122152901387 and challan no.2027720932, document no.38336048
dated 27.06.2019 amounting to Rs138378 and communicated to you on 12 th July 2019
through email that Custom Duty has been deposited and requested for early release of
Consignment and requested for confirming the status of said Shipment.

7. On July 18, 2019, you informed my client that the shipment had cleared and got the OOC
certificate from the concerned authorities after the issuance of out of charge
certificate/delivery order by customs authorities, you became the custodian of the said
shipment on behalf of my client.

Further, you had submitted your forwarding bill amounting to Rs 9282 and payment request.

8. That my client had been informed by M/s Speedofer component to release the payment of
the aforesaid bill after getting the delivery of the said consignment in the factory of my client
as same has been agreed with you. which in my client requested you that payment will be
released immediately after reached the consignment in his factory and you mutually agreed
upon.

9. On 27th July 2019, my client again wrote an Email to you and requested you for early
clearance of said shipment.
10. That, you have not paid any heed to discharge your responsibility and the request of my
client delayed the clearance of shipment by one pretext or another and ignored the request of
my client and you have not picked up the phone call of my client.

11. On 16th August 2019, my client through Speedofer once again approached you through
email and requested an early release of consignment.

12. On 20 August 2019, my client wrote an email to you about the release of the consignment
and informed you that Central Warehouse Corporation had issued a notice to my client for
releasing the consignment whereas my client has been helpless since OC Certificate and DO
and other relevant documents are with you and without the said relevant document, my client
cannot release the shipment.

13. Meanwhile you have created a dispute over a payment issue with M/s Speedofer
Components Private Ltd, then my client has informed you that this matter is related to my
client and both firms have separate legal identities and you can directly deal with my client
and whatever your services charges you can get from my client provide you will release the
said consignment.

14. And in return, on 31st August 2019, you misbehaved with my client and wrote a mail to
my client “Do not send any direct email or message to you regarding the shipment.”

15. In reply to the said Email dated 31 st August 2019, my client wrote that ‘my client’s firm
has no relationship with the employee of Speedofer Components Private Ltd and they are
only helping and supporting my client whereas my client’s firm and you have separate
contact to release the consignment but sorry to state that on 10 th September 2019, you in
response of my client mail, you reiterated once again to my client for not directly deal with
him and my client has unable to understand your arrogant behaviours towards my client and
on 10th September 2019, my client had written again to you that my client’s firm has no
relationship with your dispute with his referral firm, this contract is between you and my
client firm. But all is vain, and you have not paid any heed to my client’s request.

16. After that my client made numerous requests to you for the release of the consignment as
my client has suffered a heavy loss of demurrage, ground rent, and penalty of CWC, but sorry
to state that you have always misbehaved with my client and using an abusive language to my
client and threatening to my client for dire consequences and later you have stopped
responding to my client's request. Neither picked up the phone call nor wanted to meet my
client personally numerous times to resolve the matter.

17. That my client has felt helpless and insulted and has no other alternative than to send a
legal notice for retaining a shipment using abusive language and threatening my client for a
dire consequence dated 20th January 2020 and filed a criminal case against you in the district
court of Ghaziabad which is Sub judice in the court of law.

Further, you have done mischief towards my client and with intent to cause or knowingly that
you are likely to cause wrongful loss or damage to my client put my client in such a situation
where value or utility diminished the products which is an offense under criminal law.

18. That on September 2021, your dispute with M/s Speedofer Components Private Ltd was
settled and all the payments were released to you by the referral firm at that time M/s
Speedofer Components Private Ltd had again intervened in this matter and requested you to
release my client’s consignment and settled the matter amicably.

19. That, on his request, you again E-mail to my client to give a request letter on my client’s
letterhead for onward submission to the central warehouse corporation for waiver of ground
rent and my client has submitted the same to you but there is no progress, and you have with
malafide intention has taken no action and want to deceive my client.

20. That you are responsible for criminal breach of trust and holding a shipment of my client
the cost of a set of machinery is Rs 457022, and customs duty amounts to Rs 138378, which
comes to a total of Rs 595400 and apart from this, another amount of customs clearance
charge and CWC Charges which have been payable by the client for importing the said
shipment has been still pending and yet to be calculated and you are also responsible for the
said cost.

21. That my client enters verbally into service agreements/ contracts with you to release the
consignment and fulfill all the formalities related to Indian custom, an agreement defines and
confines the role of you to avoid any future legal course of action due to breach of the
agreement. It is implied that you will release the consignment from customs hand over the
shipment to the factory of my client and charge your fee accordingly, as mutually agreed
between you and my client as you have received the delivery order from the customs and
retaining the same with you, neither you had taken the initiate to take the delivery of
consignment nor delivery order and other relevant papers regarding the release of the
consignment to my client. Moreover, you with malafide intentions deliberately created a
dispute with my client’s referral firm Speedofer Components Private Ltd, and with my client
and even after the settlement of the dispute with the referral firm, you continued giving the
harassment to my client and never bothered to release the shipment where my client had
suffered a heavy loss due consignment is lying in central warehouse corporation and they are
imposing their ground rent for keeping the consignment and you are holding the delivery
order issued by customs authorities and not handing over the consignment to my client
whereas my client is ready to pay your service charges amounting to Rs 9282 but due to your
arrogant behavior, you have violates or breaches the agreement, Breach of contract is a legal
cause of action and a type of civil wrong, in which a binding agreement or bargained-for
exchange is not honoured which is offense under the Indian contract act 1872 as well as you
have committed the offense of misconduct under Indian custom law 1962 Further, you failed
to fulfil your obligation as it's implied as per trade practice to hand over the shipment to my
client.

22. further my client has the right to approach the Central Board Of Indirect Tax and
Customs under Custom House Agent Licensing Regulation 2004 defined clause 20 sub-
clause c as ( any misconduct on his part, whether within the jurisdiction of the said
Commissioner of Customs or anywhere else which in the opinion of the Commissioner
renders him unfit to transact any business in the Customs station For your misconduct
retaining delivery order for last 3 years related to the said shipment, without any valid reason
that caused to heavy loss to my client and pursuing the board for revoke of your license.

23. Furthermore you are still the custodian of the shipment on behalf of my client, and you
are still retaining all the documents and Delivery orders issued by customs authorities, and
you are responsible for well well-being of the shipment. if any damage is caused due to your
irresponsible act and you are liable for compensation as described under Specific Relief Act
1963.
24. Despite getting the delivery order from the customs authority and becoming custodian of
the shipment, you have failed to deliver the shipment to my client in the agreed timeframe for
the reason best known to you and you have never bothered to intimate rhymes and reasoning
for the delay to my client. you have breached the agreement,
Indian Customs Act 1962 is defined under section 147 relationship between the agent and
importer as 147. Liability of principal and agent.—(1) Where this Act requires anything to
be done by the owner, importer or exporter of any goods, it may be done on his behalf by his
agent. (2) Any such thing done by an agent of the owner, importer or exporter of any goods
shall, unless the contrary is proved, be deemed to have been done with the knowledge and
consent of such owner, importer or exporter, so that in any proceedings under this Act, the
owner, importer or exporter of the goods shall also be liable as if the thing had been done by
himself. (3) When any person is expressly or impliedly authorised by the owner, importer or
exporter of any goods to be his agent in respect of such goods for all or any of the purposes of
this Act, such person shall, without prejudice to the liability of the owner, importer or
exporter, be deemed to be the owner, importer or exporter of such goods for such purposes 1
[including liability therefor under this Act]: Provided that where any duty is not levied or is
short-levied or erroneously refunded on account of any reason other than any wilful act,
negligence or default of the agent, such duty shall not be recovered from the agent unless in
the opinion of 2 [Assistant Commissioner of Customs or Deputy Commissioner of Customs]
the same cannot be recovered from the owner, importer or exporter.
148. Liability of agent appointed by the person in charge of a conveyance.—(1) Where this
Act requires anything to be done by the person in charge of a conveyance, it may be done on
his behalf by his agent. (2) An agent appointed by the person in charge of a conveyance and
any person who represents himself to any officer of customs as an agent of any such person
in charge, and is accepted as such by that officer, shall be liable for the fulfilment in respect
of the matter in question of all obligations imposed on such person in charge by or under this
Act or any law for the time being in force,
25. You have deliberately maintained silence and you have directed your staff not to pick up
the calls and never bothered to intimate any rhymes and valid reason for such a gross and
inordinate delay in releasing the shipment. Hence you are liable for paying the compensation
for the loss suffered by my client.

That, on behalf of my Client, I demand that you rectify the breach immediately and take the
following steps on your part to make good the breach done by you. Within 15 days of the
time period, you are required to take the above specific actions.

1. To approach the central warehouse corporation and submit a representation regarding the
release of the shipment so that CWC will not auction the shipment and examine the condition
of the shipment and in case any damage occurs in the shipment, brought to the notice of
concern authorities and my client.
2. To submit the delivery order to warehouse authorities for getting the release of the said
consignment and hand over the same to my client in his factory and collect your service
charges on the delivery of the shipment from my [Link] that time.

3. To approach the CWC authorities and apply for a waiver of the ground rent and penalty
imposed for not taking the delivery of shipment in time. whereas my client had deposited the
customs duty on time and submitted all the documents on time and customs authorities issued
an OCC/delivery order to you due to your act of mischief, arrogant behaviors, and intent to
cheat which put my client in this situation for you are the solely responsible for not releasing
the shipment in time.

That on failing to take the above-stated steps, my client has no other alternative but to take
appropriate legal action against you.

Under these circumstances, I, therefore, given the above, hereby call upon through this legal
notice to hand over the shipment to my client after considering all the aspects stated above
along with Rs 11000 as the legal fee of this notice within 15 days after receipt of this legal
notice, failing which my client shall be constrained to initiate an appropriate legal proceeding
under Indian contract act 1872 and Specific relief Act 1963 against you for recovery of
compensation including shipment cost and also taking all remedial and punitive remedies that
are available under the applicable laws in the Court of Law at your cost, risk, and
consequences.

A copy of this notice has been kept in my office for further reference and record.

VIRENDRA BAJAJ
ADVOCATE

Cc

The Manager

Central warehouse corporation

PAWAN KUMAR REGINAL MANAGER

PATPEGANJ

1ST FLOOR ,scope MINAR, CORE-3

,LAXMI NAGER DELHI.-92 DISTRICT CENTRE.

rmdli@[Link] r.k bansal general mana

\
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
To,

1. Central Board of Indirect Taxes &Customs.

Department of Revenue,
Ministry of Finance,
J684+843 North Block
Central Secretariat,
New Delhi110001.

2. Central Board of Indirect Taxes &Customs.

Department of Revenue,
Ministry of Finance,
Room no.406,4th floor,C Wing,
Hudco, Vishala Building,
Bhikaji Cama Place,
[Link],
New Delhi-110066.

3. Central Board of Indirect Taxes &Customs.

Department of Revenue,
Ministry of Finance,
Ist floor, Tower NBCC
Plaza1
Sector 5 Pushpa Vihar New Delhi-110017

SUBJECT -Complaint regarding Misconduct of Custom clearing agent- M/s A and S logistics,
Ground Floor Shopno.4 Property No 9 F/9, Khasra No.1673 Kishan Garh Vasant Kunj New
Delhi-110070 regarding consignment imported from Shanghai, China in the name of m/s
Gursim Techno India, Vide B/L NO. RHSHA17100992 dated 16.05.2019, and B.E no. 3836048
dated 27.06.2019, IEC no.0512056641 and unlawfully retained the OCC/delivery order issued
by customs authorities and did not deliver the shipment to us.

Dear Sir,

I, Sawan Singh proprietor of Messer’s GURSIM TECHNO INDIA, 41 Anand Industrial Estate
Mohan Nager Ghaziabad, -201007 have submitted the following complaint against the customs
clearing agent for his misconduct and harassment for not releasing the consignment for the last 3.5
years and lying in Central Warehouse Corporation Patparganj and unlawfully retaining the OOC
Certificate/delivery order issued by customs authorities.
We have submitted the following facts for your kind consideration.
1. That we imported one set of printing machinery including a laser printing machine tube machine,
digger machine, and vibration disk from Haining Ferriwo Electronics [Link] having an office at 4/F
Kechuang Mansion,Shuanglian Road, Haining Economic Development Zone Haining Zhejiang-
314400 China vide their commercial invoice no.FWC119GT-101 DATED 25 TH MARCH 2019
amounting to USD6975.52 EQUALIANT to INR457022 at that time as per the Exchange rate.

2. We are new in this field and approached one of the supplier M/s Speedofer Components Private Ltd
to suggest a custom clearance agent look after the formalities of import. Since Speedofer is a regular
importer at that time he has suggested the name of M/s A and S logistics M/s A and S logistics,
Ground Floor Shopno.4 Property No 9 F/9, Khasra No.1673 Kishan Garh Vasant Kunj New Delhi-
[Link] this purpose.

3. We have given our consent for the engagement of the customs clearance agent as said agent for
clearing this consignment and requested Speedofer Components Private Ltd to help us with initial
correspondence with the clearing agent.

4. We have authorized him as our custom clearance agent for releasing the consignment and handing
over the relevant paper such as commercial invoice, packing list, certificate of origin, import license,
IES code, bill of lading, and other documents related to the imports of this shipment to for you for
your further action and fulfills the further formalities such as bill of Entry with customs authorities
and central warehouse corporation for releasing the aforesaid consignment. Further, you have filed the
bill of entry with the customs authorities vide no. B/L NO. RHSHA17100992DATED 16.05.2019,

Further, we have released the payment to the supplier M/S Haining Ferriwo Electronics [Link]. China
through YES BANK amounting to Rs457022.30 on 5 th April 2019 towards the cost of a set of printing
machinery and against the supplier bill no. FWC119GT-101 dated 25th March 2019
[Link] come to know that the aforesaid consignment reached port on 26 th June 2019, and you
informed my client through Speedofer Components Private Ltd for depositing customs duty
amounting to Rs138378.

6, We, on the call of an agent, deposited the customs duty on 11 th July 2019 vide ICE gate reference
ID IG110719122152901387 and challan no.2027720932, document no.38336048 dated 27.06.2019
amounting to Rs138378 and communicated to you on 12 th July 2019 through email that Custom Duty
has been deposited and requested for early release of Consignment and requested for confirming the
status of said Shipment. On July 18, 2019, the said Agent informed us that the shipment had cleared
and got the OOC certificate from the concerned authorities after the issuance of an out-of-charge
certificate/delivery order by customs authorities, you became the custodian of the said shipment on
behalf of my client.

7. Meanwhile, there is some issue arose with my referral firm-speedofer Component Private Ltd, at
that time, I told the clearing agent that both firms have separate legal entities and did not merge my
consignment with his referral firm but all was in vain and he has held the shipment, later matter has
been resolved with the referral firm amicably but till date said custom clearing agent neither releases
the consignment nor hand over the delivery order and other documents to me which has been in his
custody for releasing the said consignment, despite our regular follow up,

The said agent has not paid any heed to discharge his responsibility and my request and delayed the
clearance of shipment by one pretext or another from July 2019 till the date of 30 th December 2023,
and my consignment is still lying at CWC Patparganj DELHI and ignored the request of me and have
not picked up the phone call of me.

Central Warehouse Corporation had issued a notice to me to auction the shipment several times but
still lying at CWC Patparganj.
Since we are helpless and cannot take the delivery of the said shipment since the OOC Certificate /DO
and other relevant documents are with him and without the said relevant document, we cannot release
the shipment.
Further, Section 45 in the Indian Customs Act 1962 that the Agent is the custodian on behalf of the
importer. and as described in sections 147 and 148 of the said act the liability of the agent towards the
importer) to hand over the shipment after being released from customs Authorities, and the Agent is
liable to deliver the shipment whereas our Agent has not fulfilled his obligation after customs
authorities had issued the out-of-charge and delivery order on behalf of us and he has retained all the
document with malafide intention and blackmail my client to put pressure to my client referral
company M/s speedfer components private ltd to settle the financial dispute whereas the said
company is the supplier of our firm and we have a separate legal entity and not a concern with the
said referral company. Later the financial issue was resolved with the referral company with Agent
amicably, despite that he did not bother to release the shipment and had a criminal conspiracy to harm
us.
After that, we made numerous requests to him for the release of the consignment as we have suffered
a heavy loss of demurrage, ground rent, and penalty of CWC, but sorry to state that he has always
misbehaved with me and used abusive language and threatening to me for dire consequences and later
he has stopped responding to our request. Neither picked up the phone call nor wanted to meet us
personally

We have tried numerous times to resolve the matter. once the said Agent picked up our phone used
abusive language, and threatened us with dire consequences, at that time we were unable to
understand what to do, hence we are requesting that you kindly direct the clearing agent to clear our
shipment or handover the delivery order and other relevant paper to us for clearing the shipment. If he
has any issues write to us directly.

Furthermore, we would like to request you take suitable action against the errored custom clearing
agent for his misconduct defined under Regulation 20 Sub-clause (C) of the Customs House
Licensing Regulation 2004 for suspension or revocation of his license issued to him under section 146
of Indian custom act 1962.

Your early action in this regard will be highly appreciated.

Regards

S.S Randhawa.
Proprietor,
Gursim Techno India,
41 Anand Industrial Estate Mohan Nager
Ghaziabad, -201007

To,
The Manager
Central warehouse corporation
Inland Container Depot,
Near Ghazipur village,
Road no.56, Patparganj, Delhi-110096
2. Shri Pawan Kumar
Regional Manager
Central warehouse corporation
1st Floor, Scope Minar, Core-3
Laxmi Nager District Centre Delhi. -92.

3. Shri R.K Bansal, General Manager

Central warehouse corporation
1st Floor, Scope Minar, Core-3
Laxmi Nager District Centre Delhi. -92.

SUBJECT -Request for waiver of penalty and ground rent in respect of consignment imported
from Shanghai, China in the name of m/s Gursim Techno India, Vide B/L NO.
RHSHA17100992 dated 16.05.2019, and B.E no. 3836048 dated 27.06.2019, IEC no.0512056641
through Custom clearing agent- M/s A and S logistics M/s A and S logistics, Ground Floor
Shopno.4 Property No 9 F/9, Khasra No.1673 Kishan Garh Vasant Kunj New Delhi-110070 and
the relevant documents with DELIVERY ORDER related to the said shipment retained
unlawfully by the said agent despite issuance of OCC by customs authorities and did not deliver
the shipment to us.
Dear Sir,

I, Sawan Singh proprietor of Messer’s GURSIM TECHNO INDIA, 41 Anand Industrial Estate
Mohan Nager Ghaziabad, -201007 have submitted the following request for releasing the
consignment that has been lying with you for the last 3.5 years due to unlawfully retaining the OOC
Certificate/delivery order issued by customs authorities by the above-mentioned customs clearing
agent. M/s A and S logistics M/s A and S logistics, Ground Floor Shopno.4 Property No 9 F/9, Khasra
No.1673 Kishan Garh Vasant Kunj New Delhi-110070.

We have submitted the following facts for your kind consideration.

1. That we imported one set of printing machinery including a laser printing machine tube machine,
digger machine, and vibration disk from Haining Ferriwo Electronics [Link] having an office at 4/F
Kechuang Mansion,Shuanglian Road, Haining Economic Development Zone Haining Zhejiang-
314400 China vide their commercial invoice no.FWC119GT-101 DATED 25 TH MARCH 2019
amounting to USD6975.52 EQUALIANT to INR457022 at that time as per the Exchange rate.

2. We are a first-time importer and are new in this field and approached one of the supplier M/s
Speedofer Components Private Ltd to suggest a custom clearance agent look after the formalities of
import. Since Speedofer was a regular importer at that time he has suggested the name of the above-
mentioned agents for customs clearance.
3. We have given our consent for the engagement of the customs clearance agent for clearing this
consignment and requested Speedofer Components Private Ltd to help us with initial correspondence
with the clearing agent.

4. We have authorized and appointed him as our custom clearance agent for releasing the
consignment and handing over the relevant paper such as commercial invoice, packing list, certificate
of origin, import license, IES code, bill of lading, and other documents related to the imports of this
shipment to for you for your further action and fulfills the further formalities such as bill of Entry with
customs authorities and central warehouse corporation for releasing the aforesaid consignment.
Further, you have filed the bill of entry with the customs authorities vide no. B/L NO.
RHSHA17100992DATED 16.05.2019,

Further, we have released the payment to the supplier M/S Haining Ferriwo Electronics [Link]. China
through YES BANK amounting to Rs457022.30 on 5 th April 2019 towards the cost of a set of printing
machinery and against the supplier bill no. FWC119GT-101 dated 25th March 2019

[Link] come to know that the aforesaid consignment reached port on 26 th June 2019, and you
informed my client through Speedofer Components Private Ltd for depositing customs duty
amounting to Rs138378.

6, We, on the call of an agent, deposited the customs duty on 11 th July 2019 vide ICE gate reference
ID IG110719122152901387 and challan no.2027720932, document no.38336048 dated 27.06.2019
amounting to Rs138378 and communicated to you on 12 th July 2019 through email that Custom Duty
has been deposited and requested for early release of Consignment and requested for confirming the
status of said Shipment. On July 18, 2019, the said Agent informed us that the shipment had cleared
and got the OOC certificate from the concerned authorities after the issuance of an out-of-charge
certificate/delivery order by customs authorities, you became the custodian of the said shipment on
behalf of our firm and the said shipment is lying at your warehouse at Patperganj.

7. Meanwhile, there is some issue arose with my referral firm-speedofer Component Private Ltd, at
that time, I told the clearing agent that both firms have separate legal entities and did not merge my
consignment with his referral firm but all was in vain and he has held the shipment, later matter has
been resolved with the referral firm amicably but till date said custom clearing agent neither releases
the consignment nor hand over the delivery order and other documents to me which has been in his
custody for releasing the said consignment, despite our regular follow up,

The said agent has not paid any heed to discharge his responsibility and my request and delayed the
clearance of shipment by one pretext or another from July 2019 till the date of 30 th December 2023,
and my consignment is still lying at your CWC Patparganj DELHI and ignored the request of us and
have not picked up the phone call of me.
You had issued a notice to us to auction the shipment but still lying at your warehouse in Patparganj.
We are helpless and cannot take the delivery of the said shipment since the OOC Certificate /DO and
other relevant documents are with him and without the said relevant document, you had expressed
your inability to release the shipment.

After that, we made numerous requests to him for the release of the consignment as we have suffered
a heavy loss of demurrage, ground rent, and penalty of you, but sorry to state that he has always
misbehaved with me and used abusive language and threatening to me for dire consequences and later
he has stopped responding to our request. Neither picked up the phone call nor wanted to meet me
personally while we had tried numerous times to resolve the matter amicably.

The said agent has done mischief towards me and with intent to cause or knowingly that he has are
likely to cause wrongful loss or damage to me and put our firm in such a situation where value or
utility diminished the products.

That said the agent had unlawfully held a shipment having a cost of a set of machinery is Rs 457022,
and customs duty amounts to Rs 138378, which comes to a total of Rs 595400,

Despite depositing the customs duty, getting the delivery order from the customs authority, and
becoming custodian of the shipment, as defined under section 45 of Indian Customs Act1962 and
liable to fulfil his obligation under section 147 /148 of the said Act. the said Agent failed to deliver
the shipment to us for the reason best known to him despite our several calls and tried to contact him,
he always ignored my calls and refused to meet me, later he picked up my phone used abusive
language, and threatened me with dire consequences, at that time we were unable to understand
what to do, hence we filed a criminal case for threaten and used abusing language and matter is
still sub juice in the court of district judge Ghaziabad.

Since our shipment contains a set of machinery, which is going to be depraved day by day which is to
add a further loss, we intend to release the same, so, you are requested to kindly help us to give a
waiver on ground rent and penalty imposed by you and kindly help us to provide procedure “how we
can take the delivery without submission the Delivery Order. whereas you can confirm the same from
the customs authorities that they had already issued the delivery order/out-of-charge certificate.

In case you agree, we are ready to fulfill yours all the formalities to get a release of the said shipment
and even ready to give an indemnity bond for this purpose.

Further, the matter is Sub-judice in the court of law, hence requested not to auction the said shipment.

Your early action in this regard will be highly appreciated.

Regards

S.S Randhawa.
Proprietor,
Gursim Techno India,
41 Anand Industrial Estate Mohan Nager
Ghaziabad, -201007

To,

The Assistant Commissioner Of Customs Import

Inland Container Depot,
J8p8+Fc4 Gali No2, Ghazipur Village, Ghazipur,
Patparganj
New Delhi-110091.

SUBJECT -Complaint regarding Misconduct of Custom clearing agent- M/s A and S logistics,
Ground Floor Shopno.4 Property No 9 F/9, Khasra No.1673 Kishan Garh Vasant Kunj New
Delhi-110070 regarding consignment imported from Shanghai, China in the name of m/s
Gursim Techno India, Vide B/L NO. RHSHA17100992 dated 16.05.2019, and B.E no. 3836048
dated 27.06.2019, IEC no.0512056641 and unlawfully retained the OCC/delivery order issued
by customs authorities and did not deliver the shipment to us.
Dear Sir,

I, Sawan Singh proprietor of Messer’s GURSIM TECHNO INDIA, 41 Anand Industrial Estate
Mohan Nager Ghaziabad, -201007 have submitted the following complaint against the customs
clearing agent for his misconduct and harassment for not releasing the consignment for the last 3.5
years and lying in Central Warehouse Corporation Patparganj and unlawfully retaining the OOC
Certificate/delivery order issued by customs authorities.

We have submitted the following facts for your kind consideration.

1. That we imported one set of printing machinery including a laser printing machine tube machine,
digger machine, and vibration disk from Haining Ferriwo Electronics [Link] having an office at 4/F
Kechuang Mansion,Shuanglian Road, Haining Economic Development Zone Haining Zhejiang-
314400 China vide their commercial invoice no.FWC119GT-101 DATED 25 TH MARCH 2019
amounting to USD6975.52 EQUALIANT to INR457022 at that time as per the Exchange rate.

2. We are the a first-time importer and is new in this field and approached my one of the suppliers M/s
Speedofer Components Private Ltd to suggest a custom clearance agent look after the formalities of
import. Since Speedofer is a regular importer at that time he has suggested the name of M/s A and S
logistics M/s A and S logistics, Ground Floor Shopno.4 Property No 9 F/9, Khasra No.1673 Kishan
Garh Vasant Kunj New [Link] this purpose.

3. We have given our consent for the engagement of the customs clearance agent as said agent for
clearing this consignment and requested Speedofer Components Private Ltd to help us with initial
correspondence with the clearing agent.

4. We have authorized and appointed him as our custom clearance agent for releasing the
consignment and handing over the relevant paper such as commercial invoice, packing list, certificate
of origin, import license, IES code, bill of lading, and other documents related to the imports of this
shipment to for you for your further action and fulfills the further formalities such as bill of Entry with
customs authorities and central warehouse corporation for releasing the aforesaid consignment.
Further, you have filed the bill of entry with the customs authorities vide no. B/L NO.
RHSHA17100992DATED 16.05.2019,

Further, we have released the payment to the supplier M/S Haining Ferriwo Electronics [Link]. China
through YES BANK amounting to Rs457022.30 on 5 th April 2019 towards the cost of a set of printing
machinery and against the supplier bill no. FWC119GT-101 dated 25th March 2019

[Link] come to know that the aforesaid consignment reached port on 26 th June 2019, and you
informed my client through Speedofer Components Private Ltd for depositing customs duty
amounting to Rs138378.

6, We, on the call of an agent, deposited the customs duty on 11 th July 2019 vide ICE gate reference
ID IG110719122152901387 and challan no.2027720932, document no.38336048 dated 27.06.2019
amounting to Rs138378 and communicated to you on 12 th July 2019 through email that Custom Duty
has been deposited and requested for early release of Consignment and requested for confirming the
status of said Shipment. On July 18, 2019, the said Agent informed us that the shipment had cleared
and got the OOC certificate from the concerned authorities after the issuance of an out-of-charge
certificate/delivery order by customs authorities, you became the custodian of the said shipment on
behalf of our firm.

7. Meanwhile, there is some issue arose with my referral firm-speedofer Component Private Ltd, at
that time, I told the clearing agent that both firms have separate legal entities and did not merge my
consignment with his referral firm but all was in vain and he has held the shipment, later matter has
been resolved with the referral firm amicably but till date said custom clearing agent neither releases
the consignment nor hand over the delivery order and other documents to me which has been in his
custody for releasing the said consignment, despite our regular follow up,

8. The said agent has not paid any heed to discharge his responsibility and my request and delayed
the clearance of shipment by one pretext or another from July 2019 till the date of 30 th December
2023, and my consignment is still lying at CWC Patparganj DELHI and ignored the request of me and
have not picked up the phone call of me.

[Link] Warehouse Corporation had issued a notice to me to auction the shipment several times but
still lying at CWC Patparganj.

10. Since we are helpless and cannot take the delivery of the said shipment since the OOC
Certificate /DO and other relevant documents are with him and without the said relevant document,
we cannot release the shipment.

Further, Section 45 in the Indian Customs Act 1962 that the Agent is the custodian on behalf of the
importer. and as described in sections 147 and 148 of the said act the liability of the agent towards the
importer) to hand over the shipment after being released from customs Authorities, and the Agent is
liable to deliver the shipment whereas our Agent has not fulfilled his obligation after customs
authorities had issued the out-of-charge and delivery order on behalf of us and he has retained all the
document with malafide intention and blackmail my client to put pressure to my client referral
company M/s speedofer components private ltd to settle the financial dispute whereas the said
company is the supplier of our firm and we have a separate legal entity and not a concern with the
said referral company. Later the financial issue was resolved with the referral company with Agent
amicably, despite that he did not bother to release the shipment and had a criminal conspiracy to harm
us.

11. After that, we made numerous requests to him for the release of the consignment as we have
suffered a heavy loss of demurrage, ground rent, and penalty of CWC, but sorry to state that he has
always misbehaved with me and used abusive language and threatening to me for dire consequences
and later he has stopped responding to our request. Neither picked up the phone call nor wanted to
meet me personally numerous times to resolve the matter.

[Link] said agent has done mischief towards me and with intent to cause or knowingly that he has
are likely to cause wrongful loss or damage to me and put our firm in such a situation where value or
utility diminished the products.
13. That said agent is responsible and liable for holding a shipment of the cost of a set of machinery is
Rs 457022, and customs duty amounts to Rs 138378, which comes to a total of Rs 595400, apart from
this, another amount of customs clearance charge and CWC Charges which have been payable at the
time of getting the shipment which has been still lying in the CWC Patparganj.

14. Despite depositing the customs duty, getting the delivery order from the customs authority, and
becoming custodian of the shipment, the said Agent failed to deliver the shipment to us for the reason
best known to him.
15. While we had made several calls and tried to contact him, he always ignored my calls and refused
to meet me, once he picked up my phone used abusive language, and threatened me with dire
consequences, at that time we were unable to understand what to do, hence we are requesting you
kindly pass the necessary instruction the clearing agent to clear our shipment or handover the delivery
order and other relevant paper to us for clearing the shipment.

Furthermore, we would like to request you take suitable action against the errored customs clearing
agent for his misconduct under Section 146 of the Indian Customs Act 1962 and recommend to the
concerned Authorities to suspend/revoke his license as per provision of law and also direct him to
deliver the shipment earliest as it has been already delayed by 3.5 years and lying in CWC Patparganj
since JUNE 2019

Your early action in this regard will be highly appreciated.

Regards

CCTO

COMMISSIONER OF CUSTOMS

THIS PAINTING SERVICES AGREEMENT (the “Agreement”) is made and entered on this 15 th day
of December 2023 by and between of ______________________________ (the “Contractor”) and
_______________________ of ______________________________ (the “Client”) Contractor and
Client shall individually be referred to as “Party” and collectively as “Parties”.
WHEREAS Client desires to obtain certain Painting Services from the Contractor; and WHEREAS,
the Contractor hereby agrees to provide such Painting Services to the Client in accordance with the
terms and conditions contained in this Agreement.

NOW THEREFORE, in consideration of the mutual covenants and agreements contained in this
Agreement, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as
follows:

Scope of work.

PAINTING SERVICES The Contractor will perform the following Painting Services:
The contractor hereby undertakes that it shall follow the highest professional standards in
performing the Painting Services and will comply with all relevant statutes, regulations, or
requirements of any competent authority.

1. The Painting Services shall include:

[a ] Removal of existing paint

[b ] Washing and disinfection

[c ] Application of Primer

[d] Application of 2 number of paint coats

[e ] Completing the above acts for the entire external building of school

[f ] Cleaning of paint drips, spills, over-painting, etc.;

[g ] Removing all of the Contractor’s materials and debris from the Premises.

2. PREMISES
The Contractor shall perform the Painting Services on the following Premises:
________________________________________________________________________
_______________________________________________________________________ _
(“Premises
2. 3. DURATION The Painting Services shall be commenced on the ____ day of
_________________, 20____, and shall be substantially completed by the ______ day of
___________________, 20__. The Services shall be performed between __________ a.m.
and _________ p.m.

The client will give the Contractor access to the Premises during these hours and any
additional mutually agreed-upon times.
4. EQUIPMENT

While performing the Painting Services, the Contractor will use his/her equipment.

5. PAYMENT

Client shall pay the Contractor for its Painting Services the sum of Rs________. The said
payment shall be made upon completion of the Painting Service by the Contractor to the complete
satisfaction of the Client.

6. EXPENSES

That client is not paid any other expenses other than the charges specified above, the Client shall
not be liable to reimburse the Contractor for any other expenses, unless otherwise agreed between
the Parties in advance.

7. INDEPENDENT CONTRACTOR

The contractor shall provide the Painting Services as an independent contractor and the
Contractor shall not act as an employee, agent, or broker of the Client. As an independent
contractor, the Contractor will be solely responsible for paying any taxes levied by applicable
laws on its compensation.

8. ASSIGNMENT

The contractor shall not assign any of his/her rights under this Agreement, or delegate the
performance of any of the obligations or duties hereunder, without the prior written consent of the
Client and any attempt by the Contractor to so assign, transfer, or subcontract any rights, duties,
or obligations arising hereunder shall be void and of no effect.

9. TERMINATION

The Client can terminate this Agreement by giving written notice: (a) if the Contractor commits
any material breach of this Agreement and fails to remedy such breach within 2 days of notice,
where such breach is capable of remedy, (b) if there is any repeated or persistent failure on part of
the Contractor to provide Painting Services of an acceptable standard and to the complete
satisfaction of the Client. Painting Services Agreement

11. GOVERNING LAW This Agreement shall be governed and construed in accordance with the
laws of the State of ____________________________.

12. DISPUTE RESOLUTION All disputes under this Agreement shall be settled by arbitration in
_________________ before a single arbitrator under the commercial law. Arbitration may be
commenced at any time by any party hereto giving written notice to the other party to a dispute
 that such dispute has been referred to arbitration. Any award rendered by the arbitrator shall be
conclusive and binding upon the Parties hereto. This provision for arbitration shall be specifically
enforceable by the Parties and the decision of the arbitrator in accordance herewith shall be final
and binding without right of appeal.

13. SEVERABILITY If any provision of this Agreement shall be held to be illegal, invalid or
unenforceable under present or future laws, such provisions shall be fully severable, this
Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision
had never comprised a part of this Agreement; and, the remaining provisions of this Agreement
shall remain in full force and effect. Painting Services Agreement

14. LIMITATION OF LIABILITY IN NO EVENT SHALL EITHER PARTY BE LIABLE TO

THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, BUSINESS
INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION,
DAMAGES FOR LOSS OF PROFITS, INCURRED BY THE OTHER PARTY ARISING OUT
OF THE SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
NEITHER PARTY’S LIABILITY ON ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF
OR CONNECTED WITH THIS AGREEMENT SHALL EXCEED THE AMOUNTS PAID TO
CONTRACTOR.

15. LIABILITY The Contractor will be liable for any damage to the Client’s and any other
person’s property if such damage is caused by the Contractor’s negligence or willful act.

16. ENTIRE AGREEMENT; AMENDMENT This Agreement is the final, complete and
exclusive agreement of the Parties with respect to the subject matter hereof and supersedes and
merges all prior or contemporaneous representations, discussions, proposals, negotiations,
conditions, communications and agreements, whether written or oral, between the Parties relating
to the subject matter hereof and all past courses of dealing or industry custom. No modification of
or amendment to this Agreement shall be effective unless in writing and signed by each of the
Parties.

IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date first set forth above.
CLIENT CONTRACTOR By: _____________________________
By:______________________________ Name: __________________________ Name:
__________________________ Title: __________________________ Title:
___________________________ Date: ____________________________ Date: __