Pages

Saturday, September 16, 2017

SHARING MY EXPERIENCE OF HANDLING A TYRE BURST LEGAL CASE IN COLOMBIA

It was a beautiful and pleasant morning of September 2007 and I was engrossed in my office work  handling my responsibilities as Vice President Finance of an export House (Name not disclosed here).I got an urgent call from my MD and was asked to see him at once. I had to rush to know as to what is that urgent matter and it came to me as a surprise when I was told to rush for Colombia at my earliest as one of our customer is planning to file a legal suit against our company for substantial amount towards damages.
Reason:Our Company has been supplying Motor cycles and Auto parts to a reputed customer at Cali which we were procuring from China and selling directly using thru Switching of Bill of lading method.
Incident so happened that local citizen had a narrow escape while driving Motor Cycle fitted with the tyres supplied by us as the front tyre got burst while he being at a high speed. Overnight our customer lost much of its tyres sales in Colombia.
Image result for pic of motorcycle tyre burstImage result for pic of motorcycle tyre burst
I alongwith my Sr.marketing colleague (having good command over Spanish language) rushed to Colombian Embassy at New Delhi to get the Colombian VISA and then arranging for the air tickets.We got every thing streamlined and within two days left for Bogota via Paris and were there by 6.30 p.m.next day.The morning flight from Paris to Bogota over Atlantic was breath taking.
After reaching Bogota the very first job I did was to rush to a legal book store to buy book on Colombian Traffic Rules and regulations. Without bothering for the fatigue and jetlag of long journey I had to grasp quickly all the relevant points over night
Next day we were scheduled to fly to Cali to face the Lawyer engaged by the customer. I could understand all his arguments by good interpretation done by my colleague from Spanish to English. His main point was that the biker had a narrow escape due to tyre burst as he was driving at 110 Km/hr. and the client means our customer lost good amount on account of sales damage. He gave us tentative figure of their legal claim.We were listening to him with utmost patience. He asked us to visit him next day morning with our part of reply before they file suit in the court.
Image result for pic of colombia caliImage result for pic of colombia cali
We instead of resting at Hotel preferred moving around Cali and make our observations. We found many Bikers engaging in Bike racing at midnight violating countries Traffic speed rules which are 80Km/hr on open road and 60km within city but 65 at night . We photographed important traffic sign boards and from local person came to know that particular biker was also taking part in high speed race at night when his bike’s front tyre burst at around 120Km/hr speed. That was something we wanted to know. At mid night back to hotel room I made our arguments and were ready for next day meeting.
Next day the lawyer was happy to know that we had a sound sleep thinking us being lazy type. He asked us whether we have any point to make as he found his written arguments very convincing to mint good money from his Colombian Client.
But his pleasure was short lived once we showed him all the photographs and asked him to go thru Purchase order and also all the traffic rules of his own country. He was shocked but surprised to know that as he did not expect us to go into such details.
1.The purchase order mentioned tyres required to sustain speed between 80 to 100 km/hr.while the Biker as per his own written statement was driving at a speed around 120+.
Image result for CALI TRAFFIC SPEED LIMIT SIGNSImage result for CALI TRAFFIC SPEED LIMIT SIGNS
2.Biker violated traffic rules of his own country and we were free to file complain  against him with Local police.
3. Colombian Customer tried to mint money to put in a false claim of loss of sales of tyres but we could find from his stock records which I secretly noted during my visit to his well managed ware house through help of his own lady store supervisor who was also a finance professional like me and was not at all aware of this case and never suspected our intentions of getting important information. But we never disclosed this to our customer to save her job.
4.We told the lawyer that his case is weak and we shall file a counter claim case as they intended to cheat us by  false claim.
By the evening The lawyer had to withdraw Customer’s case and we had a nice Pizza dinner at good Restaurant in Cali full of life and live music with School Girls doing their part time employment at Restaurants to earn for themselves rather than being burden on family.(A good professional culture indeed) .Finally everything got sorted out amicably and I flew back to India via In transit  stop over at Venezuela and then via Paris.The best part was when We passengers on board could see on the right complete night and on the left complete day  at a particular point of flight over Atlantic.
Image result for Colombian Lawyer pic
Conclusion
1.Understand the legal case with patience and do not panic.
2.Go through the Laws of the country properly before meeting the lawyer.
3.Do not waste time in enjoying but just focus on the job entrusted to you as professional.
4.Think out of box and develop a probing nature to get clues and on hand experience by sharp observations.
5.Must see movies of SherlockHomes
Hope you liked my experience.


Special Note:-Colombia is a beautiful country.People are very polite and well mannered and they love Indians.

No comments:

Post a Comment