New Delhi: The Economic Offences Wing of Delhi Police has registered an FIR against Family of Dry Fruits India Private Limited, operating from South Delhi and its sister concern Shree Shyam Trading Company having its registered office in Gurgaon Haryana on the charge of cheating and duping ten different companies to the tune of Rs. 34.45 million.
The complainant Rakesh Kumar Singh has lodged the complaint on behalf of 10 different companies and firms loccated in Delhi and other parts of the country.
The EOW has registered the First Information Report under section 120(b) read with 406, 409, 415, 420, 467 of Indian Penal Code against against Family of Dry Fruits India Private Limited, Shree Shyam Trading Company along with the following individuals – Mohit Goyal, Manoj Kadiyan, Anjali Kadiyan, Kashmir Singh Kadiyan, Neeraj Thakkar, Rupesh Kumar, Sone Lal, Summit Yadav and other unknown persons.
The common complaint against the accused company Family of Dry Fruits India Private Limited and its sister concern Shree Shyam Trading Company and their promoters who are mostly into trading of different spices and dry fruits and other raw food items is that they had conspired and placed orders for different dry fruits and spices with a number of companies from all over India with intent to cheat.
According to the FIR, the accused company placed orders on different companies for different amounts and quantity of goods running into crores of Rupees. The accused company and their promoters in a well-planned manner introduced themselves as one of the leading companies trading in spices and dry fruits and having clientele spread all over the country and there were also international buyers.
In order to lure the victims, the accused company in some cases paid up front certain amount of money for the order placed and would give the assurances that further payment would be made after delivery of goods.
On the basis of negotiation between the parties involved, the goods were delivered to the accused company. The accused company and their promoters gave post-dated cheques to some of the victims and didn’t pay any amount to the other victims.
The accused company even levelled the charge against some companies that the goods delivered by them were not meeting the quality norms. The victims tried to reason out with them but there was nothing with the accused company to substantiate its claim. When the victim companies asked that the goods delivered be returned, the accused company told them that the goods were not available as they had been disposed and there was nothing to show as proof that the goods were substandard.
The complainants thereafter asked for the payments for the goods delivered. The accused started giving excuses of financial crunch and gave the assurance that payments shall be made after sometime. Most of the victims who had received the cheques for part payment of the bill deposited them for encashment but these were returned by the bank stating that the payments of cheques had been stopped by the drawer. This happened with all the cheques that were issued by the accused company and their promoters. The intention of the accused company was therefore to cheat the victims companies of their money and goods in the garb of commercial transactions.
- After some time the personnel from accused company even stopped taking calls from the victim companies.
- The accused company used the same operandi with some minor changes to cheat the innocent victims.
Following details will show how different companies were cheated and robbed of their goods:
Shri Shyam Ji Traders, Shop No 1, Ground Floor, Hr 88A, Gali No.5, Suraj Kunj, Pul Prahaladpur, New Delhi 110044
In this case, the accused company Family of Dry Fruits India Private Limited placed orders on this Company through a number of purchase orders – P.O NO. 223/19-20 Dated 05.11.2019, P.O NO. 234/19-20 Dated 14.11.2019, P.O NO. 237/19-20 Dated 19.11.2019, P.O NO. 249/19-20 Dated 27.11.2019. P.O NO. 257/19-20 Dated 03.12.2019 for cashew nuts of 900 kgs. 1100 kgs, 600 kgs, 1760 kgs and 1100 and 440 kgs respectively. The victim company on the purchase orders placed by the accused procured the goods as per the specification asked in the purchase order and also on various discussions that were held between the personnel from accused company. As per the purchase order the goods were delivered at the warehouse address of the accused company.
The victim company also paid the GST and other statutory taxes that were required to fulfill the specification of Purchase Order. The total amount of the goods ordered were of Rs. 48,21.615.00 and out of which an amount of Rs. 17, 16,961 was paid by the accused and an amount of Rs. 31,04,654 is still pending.
The accused company had issued a cheque of Rs. 4,50,000- dated 20.12.2019 having cheque no. 000296 issued in the name of the victim company towards partial discharge of its liability. The cheque was presented in the bank but on presentation, it was returned as there was instruction to the bank for stopping the payment for the cheque issued. The victim company called upon the accused company for clarification as to non-encashment of cheque, but the personnel in the accused company said the cheque was stopped as there was a financial crunch in the company and all the liability will be discharged in some time.
Another company allegedly duped is Nature Agrivedic Cart C2A/1003, Golf Link Residency. Sector 18 B Dwarka, New Delhi 110078:
The accused company placed a purchase order on Nature Agrivedic Cart for spices, namely black cardamom through Purchase Order PO No. Aug 172/10-20 dated 28.08.2019 for 5000 kgs of black cardamom. The victim company on the purchase order procured the goods and delivered a quantity of 2500 kgs of black cardamom. The total amount of the goods supplied to the accused company was Rs. 15,12,198.75. The goods were delivered to the accused company but the payment has not been made for the goods received. Thereafter, the victim contacted the personnel of the accused company which started making excuses with respect to the quality of the goods being not of the quality that was placed in the purchase order. To sort out the differences with respect to the quality of the goods but to utter shock of the victim company, it was told that the goods have been disposed off and were not available for inspection. The victim demanded the payment for the goods delivered and was in telephonic contact with the personnel of the accused company. After running out of excuses for not paying for the goods delivered the concerned personnel Mr. Neeraj who also happens to be the Vice President (Purchases) in the accused company stopped receiving calls frop the victim company. Hence, the victim wrote a mail to the accused company for payments that were due for the goods delivered. The accused company replied back to the victim saying that the payment will be released between 15 to 20 January. The payments were never made and have not been made thereafter.
Then there is Malabar Enterprises, 202 Chilla. Mayur Vihar Phase-1 Extr. Delhi 110091: The accused company also placed orders of spices and dry fruits on this company. After the terms and conditions of supply and delivery were agreed upon, the consignment of goods was delivered through various tranches. The complainant/ victim Company raised tax invoices No. ME-219. Neeraj Thakker who was the vice president (Purchase) of the accused company was the point person for all the transactions. As per the purchase order the victim above named supplied 3 tons of cashew nuts for Rs. 20, 04,798 and one ton of Black Pepper for Rs. 398003. The total transaction was of Rs. 24.02.801.00 out of which Rs. 8,00,000 was paid by the accused company and there is an outstanding of Rs. 16,02,801. Even for making payments for previous order Neeraj Thakker asked the proprietor for further supply of 10 tons of black pepper, and they will make the payments for cashew nut. After running around for payments of the goods supplied the victim companylodged a police complaint at Mayur Vihar Phase 1 Police station.
Dinesh Tyagi the investigation officer tried to resolve the issue, the accused Neeraj Thakker representing on behalf of the accused company issued three post dated cheques of Rs. 534267 each. These cheques were dishonoured and when the victim took up the matter with the accused company fake assurances were given to the victims.
Another company allegedly cheated in the same menner is Mandar Expo Private Limited, B-13, Khesra No. 60, Second Floor Flat No. 9, Anupam Enclave Phase -1.
The accused company on 16th. 17th and 24th December 2019 sent emails to the victim company mentioning the details of price and quality of Black Cardomom and Makhana (Fox Nuts) vide various purchase orders namely P.O No. 272/ 19-20, 274/ 19-20, 272/19-20 and 280/19-20 to the Complainant. The total amount of goods delivered to the accused company is Rs. 33,91,302. In line with the purchase order issued by the accused company the victim company procured the goods in terms of texture, color, size etc as per the purchase order and delivered the same to the accused company in a special packing as ordered. It is pertinent to mention that, the terms of the contract stipulated that 30 % of the total amount was to be paid at the time of delivery and 70% will be paid through PDC within 15 days from the date of delivery. The complainant met personally with the promoters and accused company personnel for payments but nothing came out of it and only excuses were given for non-payment of the goods. After there was a follow up for payment of the goods delivered, the accused company sent à legal notice through their Advocates on 25 March 2020 allegedly taking the false plea that the goods were of inferior quality. The legal notice was a ploy to divert the attention of the complainant for asking his payment, it is alleged in the FIR. The complainant replied to the legal notice 1st June 2020. Thereafter, nothing has been heard from the company.
Similar is the grievance of Shree Bansidhar Enterprises, A-58, Marketing Yard, Rajkot-360003. The complaint is that the accused company approached the complainant for purchase of cumin seeds as per their requirement and issued Purchase Order P.O No. Dec 282/19-20 on 27.12.2019. The complainant delivered the cumin seeds along with the packing as instructed by the accused company. This supply was worth Rs.28, 34,339. As per the contract executed and terms and conditions negotiated, as in the case of other companies dealing with the accused company, 30% of the amount was to be paid at the time of delivery and 70% through PDC within 10 days from delivery. when the complainant asked for payment by travelling all the way from Rajkot to Gurgoan, the authorized personnel from the accused company prepared the cheque of Rs. 28.34.339 which was not signed as the authorized signatory was not available and the complainant waited for three days for getting the cheque but eventually had to leave for Rajkot with an unsigned cheque. After constant follow up for payment, the accused company issued a legal notice on the complainant stating that the goods were of inferior quality. This issue was not raised when the goods were delivered. Raising the issue at such later juncture points to malicious intent of the accused company.
Another company that has suffered at the hands of the accused company is Nitin Trading Company APMC Yard Tiptur. Even in this case, the accused company placed order for 15000 kg of Copra on the complainant. The complainant acted upon the purchase order issued by the accused company and delivered the goods worth Rs. 2399985 and raised an Invoice no. 377 on 17th December 2019. The accused company neither made any payment nor was there any communication from it regarding the goods received.
There is also the case of Maalik Industries, Riccah Bahari, Bareilly, Uttar Pradesh. The accused company placed orders with this company for various kinds of rice through various purchase orders. The accused company placed orders for unbranded rice vide Purchase Order No. P.O No. Domestic/MAY 073/19-20 for an amount of Rs. 21, 25,000 (Twenty-one lakhs and twenty-five thousand only), P.O No. Domestic/MAY/067/19-20 for an amount of Rs. 42.50,000/- (Forty-two lakhs fifty thousand only) and P.O No. Domestic/MAY/ 053/19-20 for an amount of Rs.60,25,000. The total amount for the goods delivered to the accused company is Rs. 1,23,42, 750. The victim company delivered the goods as per the purchase order and raised the invoice with respect to purchase order. The accused company has not paid a single rupee for the goods delivered. The owner of the company met the personnel of the accused company on various occasions but only excuses were made for non-payment of bills. The accused company also gave a photocopy of the cheque in the name of victim company and assured the victim that the cheque was ready only it was to be signed by the authorized signatory which never happened.
Another company that has suffered is BRG Associates, Plot No. 3, Lane No.7, Greater Kailash, Jammu 180011. The accused company contacted this company for procuring Walnut Kornels of different qualities and placed order vide Purchase Order No. P.O No. Nov 225/ 19-20 on 5 November 2019 for a total quantity of 6000 kgs. The total amount of the purchase order was Rs.43,80,000. As per the terms and agreement negotiated between the parties this company delivered around 1710 kg of Walnut Kernels worth Rs. 15,06,571. Three invoices were raised on the accused company by the victim companyon 18.11.2019, 11.12.2019 and 12.12.2019 vide Tax Invoice No. GST-9, GST-10 and GST- 11 respectively. The accused company issued a cheque in the name of BRG Associates for an amount of Rs. 4,69,300 drawn on ICICI Bank. The accused company also sent a letter to the victim company admitting its liability of Rs. 1306571. The cheque was deposited by the victim company for encashment but it was returned on March 16, 2020 with the message that the cheque had been stopped by the drawer.
The list of complainants is long. Amar Singh Foods Private Limited, House No. 136 A/D. Green Belt Park, Gandhi Nagar, Jammu, Jammu & Kashmir was contacted by the accused company for procuring Walnut Kemels of Extra Light Halves quality and it placed orders vide Purchase Order No. P.O No. Oct 208/ 19-20 on 19 October 2019 for a total quantity of 2500 kgs. The total amount of the purchase order was Rs. 26,37,500. The Complainant procured the goods and delivered the consignment to the accused company. The complainant raised the invoice for the purchase order on 22 October 2019 for an amount of Rs. 26,37, 495. The accused company issued a cheque in the name of Amar Singh Foods Pvt. Ltd. for an amount of Rs. 25,00,000 drawn on ICICI Bank. The cheque was deposited by the victim company for encashment but it was returned with a memo on February 25, 2020 stating that the cheque had been dishonored due to insufficient funds.
Khan Enterprise, North Barpeta Road, Vegetable Wholesale Market, Room No. 26, P.O. Barpeta Road, District Barpeta (Assam) has been allegedly duped in the same way by the accusad Company. In this case, the victim company was approached by the Complainant for procurement of Black Cardamom and purchase order P.O No. OCT 218/19-20 was placed on 30 October 2019 for Black Cardamom. The Complainant raised an invoice worth Rs. 10, 62,089 on 4 December 2019 vide Invoice No. 18. The sister concern of the Accused Company Shree Shyam Trading Company placed order for Black Cardamom vide Purchase order P.O No. September 323/19-20 worth an amount of Rs. 26, 51,250. The complainant raised an invoice of Rs 21,39, 028 on 23 November 2019. The accused Company issued a cheque in the name of the complainant company for an amount of 13,25,625 drawn on ICICI Bank. The cheque was dishonored and the accused company along with her sister concern allegedly cheated the complainant of goods and money.