Respected Sir,
I would like to have your help on my problem.
I am a graduate civil engineer (university gold medalist) and doing my civil consultation and construction works under the name of 'Amita construction'also.I am proprietor of 'Amita Construction'.
Three years back I was awarded a construction work through a tender.
The work was awarded by 'The BMCB Staff Welfare Association' to my firm'Amita construction'.
The tender was for the construction of houses for the staff of BMCB.
BMCB stands for The Bhuj Mercantile Co operative Bank Limited, it is registered under Gujarat states co operative Societies鈥?laws, in the office of The Registrarar, Co Operative Societies, Bhuj-Kutch, Gujarat.
After the work has been started they had paid me through cheques and gave the TDS certificates under the names of 'Shree Bhuj Mercantile Co Operative Bank Charitable Trust' and Shree 'BMCB co.op.housing society limited' and did not pay a single rupee under the name of 'The BMCB staff welfare Association鈥?with which agreement was made.
The payment condition under our agreement was that The BMCB staff welfare association would pay 70% of the bill passed and 30% would remain as retaintion money with them.
But after that I have made a request and application to The Bhuj Mercantile Cooperative Bank Limited to grant me money from the 30% of the retaintion money as cash credit.
The Bhuj Mercantile Co Operative Bank limited had granted my request for cash credit from my 30% retaintion money.
Now, the work had been completed and possession of the houses had been given to Shree Bhuj Mercantile Co.op.Bank Staff welfare association.
They have given the houses on rent to other party.
My total bill comes to Rs.12438935/-appro. (Rs. One crore twenty four lacs thirty eight thousand, nine hundred thirty five only)
They have paid me as follows:
Rs.4890182/- paid by Shree BMCB Cooperative Housing Society.
Rs.388323/- paid by Shree Bhuj Mercantile Cooperative Bank Charitable Trust
Rs.85800/- paid by them for cement.
Rs. 6136505/- they paid in total (appro.)
The BMCB bank has given me Rs.18, 00,000(Rs, eighteen lakhs only) as cash credit.
Now after the completion of total work, having possession of houses, giving the houses on rent and earning through rent since months these people tried me to accept only appro. Rs.2200000 (Rs.twenty two lakhs only) against my pending due for appro. Rs.63, 00,000(Rs.sixty three lakhs only)
During the whole process of my work, meetings and correspondence for the work they did not use any letter head of The BMCB Staff Welfare Association with me instead they used different letter headsi.e.
1) Shree Bhuj Mercantile Bank Charitable Trust. (Registered under The Bombay Public Trust Act, 1950, vide regn.no.E-18110(Mumbai)
2)The Bhuj Mercantile Charitable Trust.(registered under The Bombay Public Trust Act,1950,vide regn no.E-4134, it is registered in the District of Junagadh of Gujarat State.
3) The BMCB Co.Op.Housing Limited
4) The Bhuj Mercantile Bank Limited.
5) The BMCB Staff Welfare Association鈥檚 letter head made and printed by computer only.
Third and fourth institutes have been registered in the office of the Registrar, District Co operative Societies, Bhuj-Kutch, Gujarat.
All these five organizations are having same address as: Ground floor, Mahendra Apartment, Hospital Road, Bhuj, Kutch.
This bank has its branches in Bhuj, Anjar, Gandhidham, Nakhatrana, Madhapar (all places are in Kutch)
and at Mithakhali six roads,Ahmedabad.
I am asking them to credit the amount due in Cash credit account and to pay the remaining amount to me since last one year.
I have given a notice asking the names and address of all the members of trusts, society and welfare association since more than one month but they did not give the information.
I went for Right To Information to know all the details of these trusts and societies and have made nearly 15 no. of applications in the office or the Registrar, District Cooperative Societies, Bhuj-Kutch, Gujarat and also to their office in Bhuj-Kutch for information about their Trusts.
Now I came to know that the organization which signed an agreement for the work is not registered at any place in Gujarat. (And probably in India)
I am waiting for their reply as the first days after my application under RTI completes on 6th February, 2007.
At the time of meetings and negotiations they were the same persons saying that all the bodies are same, now at the time of giving payment they say all the bodies are different.
Now BMCB Bank has given notice to me to pay Rs.1800000 (Rs.eighteen lakhs only) other wise they would take legal action.
Now paying Rs.18000000 (Rs.eighteen lakhs only) without receiving my RS.6300000 (Rs.sixty three lakhs only) would be next to impossible for me; also this c.c. loan was also given from the 30% of my retention money, thus these Rs. 18 lakhs are of mine only and not of the bank.
The Bank has given me a notice stating that there was no transaction in my c.c. account since last 62 days and therefore the account is now become N.P.A.(non performing asset),so I have to pay the bank the due Rs.1800000/- within 60 days.
The law says that a c.c. account would become N.P.A. only if there is no transaction for 90 days.
Thus the Co Operative bank has issued an illegal notice to me.
Now these 60 days are over.
Also The Bank has published advertisement in the news papers like 鈥楾he Times of India鈥?and 鈥楪ujarat Samachar鈥?in January, 2007 stating that it鈥檚 N.P.A. is 0 %( zero percent)
This cooperative bank has filed a summary arbitration case against me asking to pay Rs.18, 18,069/- which is as a c.c. loan and which was given to me from my retention money only.
I have asked on 28th February,2007 to the Board of Nominees,rajkot regarding the proofs on which bank has filed such case for Rs.eighteen lacs so as to defend my case but till date I have not received those documents and proofs from the bank and also from the Board of Nominees.
It is clearly written in the document containing the permission of my c.c. loan and which is in possession of the bank that this c. c. loan is from the 30% retention money of the bill and not from the fund of the bank with writings of the bank official.
The bank did not give a single rupee from its fund for this loan.
The President of The BMCB Staff Welfare Association, The President of The BMCB Co Operative Housing Society and the senior manager of the Bank is the same person.
I am having all the proofs of the fraudulent behavior and dealings of these persons.
So in this case what should I do?
Now my life has become miserable. If I would not find a proper solution in this case I would have to commit a suicide to protect myself from the labor contractors and vendors who have given materials and done work in this project.
Will you please suggest any solution for my problem?
Please give me your kind advice; it would be beneficial for me.
Regards,
Pritesh Shah
My mobile no. 098251 56927 dear pritesh,
Empathise with your plight and do not resort to any extreme measures .Things will be allright.First do not get dejected ,things will turn around if and only you manage your attitude towards positivity.Involve all those who are expecting to recv their dues from you.Sit down calmly and formulate a plan of action in a structred way keeping your emotions out of it. As you have mentioned from your write up, they have made some fundamental flaws by not registering the organisation and N.P.A if Iam not mistaked does not hold good - pls check on this.Check this websites :
http://india.gov.in/citizen/lawnorder.ph...
http://www.corecentre.org/guest/resource...
http://www.indiaforensic.com/bankfraud.h...
Remember "EVEN" this will pass away.
take care - smile - pray to your favourite god with completely sincerely.
If you are really honest - remember god is just around the corner , he will help , provided you make efforts through positive attitude.
smile now pal - JAI SRIKRISHNA
Form a joint organisation of all dues holders and you be the coordinator and plan for a joint action and meet the people below .
CONSUMER ORGANISATIONS
Bhavnagar Grahak Suraksha Mandal (BGSM)
Mr. H. D. Desai (Secretary)
Sardar Smruti
Bhavnagar
Gujarat
- 364001
Tel :- 0278-2432304
Consumer Education & Research Centre (CERC)
Mr. A.K.Tandon (I.P.S. (Retd), Managing Trustee)
Suraksha Sankool, Thaltej, Gandhi Nagar Highway
Ahmedabad
Gujarat
- 380054
Tel :- 079 - 27489945-46, 27450528, 27451097
Email :- cerc@wilnetonline.net,
Web :- www.cercindia.org
Consumer Protection Association (CPA)
Dr. Niranjan Nath (President)
Jay Somnath, "P.N. Institute of Medical Sciences Campus"
Himmatnagar
Gujarat
- 383001
Tel :- (O) 02772 - 241636, (R) 240636
Email :- vigyan@ad1.vsnl.net.in, vigyan_ad1@sancharnet.in, niranjannath2002@yahoo.com,
Consumer Protection Council (CPC)
Mr. Kanishka H. Kaji (Chairman)
501/B, 5th Floor, Shaily, Opp. Loha Bhavan, B/h Old Gujarat High Court, Navrangpura
Ahmedabad
Gujarat
- 380009
Tel :- 079-27541472
Fax :- 27542371
Email :- khkaji@hotmail.com,
Consumer Protection Education Research Centre (CPERC)
Mr. Kirit Bhatt (President)
208, Shreeji Complex, Near Ellis Bridge Post Office
Ahmedabad
Gujarat
- 380006
Tel :- 2657 5292, 0982 5000 991
Fax :- 2658 1874
Email :- bprofile@icenet.net,
Rajkot Saher/Jilla Grahak Suraksha Mandal
Mrs. Ramaben Mavani (President)
329, Popatbhai Sorathia Bhavan, Sadar Bazar
Rajkot
Gujarat
- 360 001
Tel :- (O) 0281-2471122, 2691329 (R) 2574400, 2574300
Fax :- 0281-2224366
Email :- mavaniramb@sancharnet.in, PARDON!
I don't fully understand,
would you explain in more detail thank-you. dude thats messed up, i think you typed into the wrong box When you are trying a scam you need to make it short just thing of all them potential victims you lost when they got bored reading this I would love to help you if I could but it is all far too complicated for me, I hope someone out there has some idea, Good Luck. Keep all your documentation safe, any written proof safe, find a good lawyer, present your case to the courts, and never do business with an Indian charitable company ever again, you will find that a lot of "charitable" company's in India are only out to line their own pockets, that goes for allot of other country's as well.
Get your lawyer to explain the facts to the building company's that you owe money to, and try to get them to understand the situation, and perhaps get their support to help you fight for justice, but remember this, Corruption will be hiding behind most things you will come up against, so be on your guard, I wish you the best of luck and may justice be with you. |
