Dear Sir,
This is to bring to your kind notice to take immediate necessary stern actions to initiate a drive against the concerned management (Mr.Rafique & Mr.Rajesh Soni, the project Managers for the concerned projects at Ajmer, Rajasthan) of E-City Bioscope Entertainment Private Limited who have been continuously and untiringly harassing us by not fulfilling their responsibilities to comply with their part of contractual obligations for the release of the payment against the work orders assigned to us from time to time which has now accumulated and become a huge amount (Rs. 2889152.23) which is Rupees Twenty Eight Lakhs Eighty Nine Thousand one hundred fifty two and paise twenty three only.
The relevant details of the work orders and other important information pertaining to these work orders are being attached as an annexure to this letter for your kind perusal as mentioned below:-
Work order no AJ/PRJ/10-11/0415 (ANNEXURE –I): (DATED 25TH JANUARY 2011 FOR A SUM OF RS. 27,00,000 (TWENTY SEVEN LAKHS ONLY); SERVICE TAX EXTRA.)
Designing, scheduling, alteration of structure, de-erection and re-erection of all structures, materials and painting over all structures steel including primer. Supply of 50 MM thick puff panels, 80 MM thick rock wool panels having 0.5 MM thick PPGI profile sheets, supply of balance flashing, gutter, down take pipes, all accessories etc complete n all respects installation of pre-engineered building system including roof puff panels, rock wool wall panel, flashings, gutters, down take pipes and / all accessories etc, as per requirement to site complete as per prescribed sizes and specifications and as per required by the Project Manager.
• The work order was to be completed in three phases. The phase I i.e. outer peripheries surroundings with audi 1 was to be completed by 12th February 2011 was delayed due to receipt of late advance payment (delayed by 13 days).
• The phase II i.e. audi 2 was to be completed by 10th March 2011 was further delayed due to the unnecessary/unwanted and unwarranted work pressure created by Mr. Rajesh Soni to start work on second work order(AJ/PRJ/10-11/0449 DATED 1ST March 2011); another project awarded to us by the company in the meanwhile; whose details are mentioned below and forced us to switch over to the second work order on priority basis which caused unavoidable stress to concentrate on two important projects simultaneously as they were inter-dependent projects.
• The third phase i.e. completion in all respects which meant the fixing of structure, hilti work, main beam and secondary beams and deck profile sheet for shuttering to be installed over the structure; also got unavoidably delayed due to non-compliance of contractual obligations on their part i.e. the civil work which was to be carried out by them (the RCC work, raising of columns and casting of beams) were completed by them by end of August 2011 and further curing /shuttering time took ten days more to setback the speed of our work/workers.
• We had to pay extra money to the labour because they had no work to do during this phase and were idle, but their wages became a hefty liability which was borne by us unnecessarily. Due to all these reasons we could start work in the first week of September 2011.
Details of the Payment Received by us till to date as against the first work order
1. We have received an advance payment of Rs.5, 34,600/- (Five Lakhs Thirty Four Thousand Six Hundred only) vide cheque no 001474 on the 3rd February 2011 for mobilizing the labour to start work at the site and to purchase the consumable items to run the site.
2. We received an adhoc payment of RS.2,70,416/- (Rupees Two Lakhs Seventy Thousand Four Hundred and Sixteen Only) on 5TH MAY 2011 Vide Cheque NO 002038.
3. We received another adhoc payment of RS.48,ooo/- (Rupees Forty Eight Thousand Only) on 28TH MAY 2011 Vide Cheque NO 346501
4. Another payment of Rs. 96,000/- (Ninety Six Thousand only) was made by ECITY BIOSCOPE ENTERTAINMENT PVT. LTD. in the name of Anita Singh wife of Mr. Subey Singh; another Sub-Contractor who was appointed by us at the site, in the month of July 2011
5. As per the payment terms of the first work order; we have not received any payment till to date for the three RA bills raised by us from time to time (details attached) which amounts to a whopping sum of Rs.20,29,084 (Rupees Twenty Lakhs Twenty Nine Thousand and Eighty Four only) which is still pending.
1. WORK ORDER AJ/PRJ/10-11/0449 (ANNEXURE –II) (ANNEXURE –I): (DATED 1ST MARCH 2011. WHICH WAS AMOUNTING TO 16, 38,000/- ONLY); SERVICE TAX EXTRA.)
Details of the Payment Received by us till to date as against the second work order
1. We have received an advance payment of Rs.4, 71,744/- (Four Lakhs Seventy One Thousand Seven Hundred Forty Four only) vide cheque no 001474 on the 5th March 2011.
2. FIRST RA BILL WAS SUBMITTED ON THE 20TH APRIL 2011 VIDE BILL NO.014/100 FOR RS. 4, 89,947.40/- INCLUSIVE OF TAX. We received payment against first running bill (vide cheque no. 010619) amounting to Rs. 93,711/- (Rupees Ninety Three Thousand Seven Hundred Eleven only) another (cheque no. 001486) amounting to Rs. 3, 83,025/- (Rupees Three Lacs Eighty Three Thousand and Twenty Five only); for the second work order.
3. SECOND RA BILL WAS SUBMITTED ON THE 30TH OF AUGUST 2011 VIDE BILL NO 016/100 FOR RS. 11,02,924.60/- INCLUSIVE OF TAX. No payment till to date has been made as against the second RA bill.
4. As per the payment terms of the second work order; we have not received balance payment Rs.6, 44,392 (Rupees Six Lakhs Forty Four Thousand and Three Hundred Ninety Two only) which is still pending.
Beside these two written and printed work orders sent to us and received by us for the respective job works, Mr. N.D. Sharma, Vice President Projects and Mr. Rajesh Soni verbally assigned us MISCELLANEOUS WORK FOR WHICH NO WRITTEN CONTRACT WAS MADE the details of which are given as follows:-
1. A VERBAL REQUEST TO PROCURE HILTI FASTENERS WAS MADE IN THE MONTH OF JANUARY 2011 AGAINST WHICH A PAYMENT OF RS.1, 15,229/- WAS MADE FOR BILLS OF RS. 1, 69,009.10 VIDE CHEQUE NO 001479 DATED 9TH APRIL 2011
FIRST HILTI BILL WAS SUBMITTED ON THE 5TH FEB 2011 VIDE BILL NO.006/100 FOR RS. 51,716.04 INCLUSIVE OF TAX.
SECOND HILTI BILL WAS SUBMITTED ON THE 5TH MARCH 2011 VIDE BILL NO 009/100 FOR RS. 89,556.00 INCLUSIVE OF TAX.
THIRD HILTI BILL WAS SUBMITTED ON THE 25TH MARCH 2011 VIDE BILL NO 010/100 FOR RS. 27,767.06 INCLUSIVE OF TAX.
THE BALANCE PAYMENT OF RS.53,780.10 IS STILL PENDING.
2. ANOTHER VERBAL REQUIREMENT FOR HILTI DRILLING & FIXING WAS MADE FROM TIME TO TIME AS PER THE REQUIREMENT IN THE YEAR 2011 AGAINST WHICH NO PAYMENT HAS BEEN MADE TILL TO DATE. BILL NO 015/100 JUNE 1ST FOR RS. 111080.92 AND ANOTHER BILL NO 019/100 DATED DEC 31ST FOR RS. 50815.21 HAVE BEEN RAISED BY US.
Mr. RAJESH SONI & MR. RAFIQUE HAVE NOT YET VERIFIED THE BILLS ALTHOUGH WE HAVE MADE SEVERAL REQUESTS TO CHECK AND MAKE THE PAYMENTS BUT THEY DID NOT ADHERE TO OUR APPEALS
In the month of November we met Mr Gagan Goyal the Managing Director of E-City Bioscope Entertainment Private Limited and explained everything in detail and also the problem’s we have been facing while working at the site and the mannerisms, the tantrums and misbehavior of Mr. Rajesh Soni. We apprised Mr. Goyal how we and the work has suffered and got delayed because of the unnecessary Interference, interruptions in the work, misguidance to our laborers; and due to this constant bickering and rudeness labour got panicky and left the work which further enhanced hardships in smooth progress and timely completion of the work. We also briefed Mr. Goyal about the financial crunches we were going through due to non-payment of our bills. We requested Mr. Goyal to at least release Rupees Two Lac fifty Thousand against our pending bills, so that we are able to complete the remaining work, which is hardly 2-3 percent of the total work after which they can release the full payment to us. Unfortunately our appeal to the Managing Director also turned out to be futile, and they informed us via e-mail that all the payment would be made only after completion and verification of the entire work at site.
In spite all this we sent our supervisor Mr.Sunil Kumar Singh with the labour at site but they were not allowed inside the premises and mistreated by Mr.Rajesh Soni and Mr. Rafique. On top of everything, the Machinery and tools worth Rs.2, 75,000/- (Rupees Two Lacs Seventy Five Thousand only) which was brought at the site of the contract to be used by the labour and Scrap worth Rs.50, 000/- (Rupees Fifty Thousand only) which is our property as per the contract; has also been detained by Mr. Rafique and Mr. Rajesh Soni at the site of contract and they are not permitting and have banned our entry at site to resume the pending work or take away our belongings.
We got in touch with Mr.N.D.Sharma, the Vice President of E-City Bioscope Entertainment Private Limited to get a quick resolution to our problem, who bluntly and abruptly refused to look into the matter, and ask us to leave and said “Hum kuchh naheen denge, na karenge, joh karna hai kar lou, joh ukharna hai ukhaar lou, tumhaare jaise chatees firte hain”.
We have made several requests personally and on phone to verify our bills and clear them for payment, but Mr. Rafique and Mr. Rajesh Soni has demanded money to clear the bills, as bills will not be cleared without giving money to them, for which we have refused and our bills are still pending with them.
This experience has made us realize that Mr. Gagan Goyal (Managing Director) along his accomplices i.e. Mr.N.D.Sharma (Vice President). Mr.Rajesh Soni (Site Engineer) and Mr.Rafique had malafide intentions and had the intentionally malicious prejudices to our contractual obligations. Their prior judgments and negligent attitude makes them dishonest and has proved us that it is a mistake to trust the untrustworthy since they have intentionally & maliciously infringed upon our rights and this conduct demonstrates bad faith.
Mr. Rajesh Soni in connivance with Mr Gagan Goyal and N.D.Sharma, Mr. Rafiue and their accomplices have been violating basic standards of honesty in dealing with us and have breached the contract of good faith. Their unfaithworthiness, ungenuineness, unconscientiousness has been very deceptive since we were totally taken unaware by their flawless attitude while talking to us. This existence of bad faith nullifies any claims that these people allege; and punitive damages must be awarded, to us as a monetary compensation; that goes beyond, that which is necessary to compensate our losses.
I hope and trust that, you would understand the gravity of the problem and would hereby request you to give necessary directions to the E-City Bioscope Entertainment Private Limited to comply with such an order that justifies the grievance of a senior citizen who is being harassed by this company. You are also requested to kindly intimate me of the same.
In anticipation of an appropriate action,
Thanking you
For K. S. Engineers
S. P. Seth (Ex-Servicemen)
C-5/41-42, Sector-6,
Rohini, Delhi-110085
Cell: 08882818264, 011-45680610, 011-47243531
Contact details of E-City Bioscope Pvt. Ltd. Management and responsible persons:
Mr. Gagan Goel (Managing Director) : 09999017110
Mr. N. D. Sharma (Vice President-Projects) : 09953322599
Mr. Rafique (Site Incharge) : 09828446650
Mr. Rajesh Soni (Site Engineer) : 0977202225
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