1. Payment done - 81% already - without completion of any installation i.e.
INR 68 lakh already paid to
you, out of your total claim of INR 84 lakh. Accounting for 2% retention and 1% TDS, we only have
to pay you a maximum of 16% as per your claim.
2. The material by virtue of this fact belongs to us already, and you are further required to finish
installation expeditiously which unfortunately has not been happening since May 2024.
3. Out of this 81% which we have paid, 75% i.e. INR 63.5 lakh was paid way back on 27h May 2024
based on your false commitment of completing the supply by 30th May 2024.
4. After that payment, you simply switched off your mobile phone for 3 days. You lied to us simply to
extract payment, and we found out that on June 1st, you started working on your other client builder
project, despite being aware of 30th May 2024 deadline.
5. After hundreds of daily follow-ups, you again lied to us by stating that you will give 100% material on
9th June 2024. You even agreed to accept penalties beyond 9th June 2024. However, till date, 100%
material is not delivered to site, deliberately to extract more payment.
6. Moreover you had promised that you will finish total installation by 17th June 2024, and we had agreed
to pay you in full immediately after that. However you diverted your attention to your other works
after receiving 75% payment from us, which amounts to cheating.
7. You kept asking for another INR 5 Lakh, but we wanted to understand your timeline. We kept calling
you to meet us at our Belapur office, but you cancelled the meetings last minute for two consecutive
Sundays in July 2024, deliberately wasting 3 precious weeks, to buy time to work on your other sites.
You even demanded us to provide post-dated cheque for expediting balance material in June 2024,
which amounts to black-mail.
8. Finally, upon much request, you attended our pleas and came for the meeting on 15th July 2024, in our
Belapur office. In the meeting it was agreed by you that you will supply 100% balance material and we
will pay you INR 5 lakh more, and you will ask the remaining amount only after completion of 100%
installation. However you started asking to pay this INR 5 lakh within a few days, without having
supplied full material, which was the agreement. We again behaved considerately and paid you INR
4.5 lakh immediately on XXXX and it was discussed with you and agreed by you that within the next
2-3 days you will finish the balance supply and we will release the balance INR 0.5 lakh, which has
not been supplied till date. Also, your promise of completing the installation within a week’s time is
nowhere near realization.
9. Throughout this time, you put merely 2 – 3 installers and 0 supervisor at this huge site comprising of 2
x 20-storey towers, during the month of June and July, which actually required minimum 8 installers
and 2 supervisors. This shows your real intent to keep harping on menial matters and keep pressing for
more and more payments, without committing adequate resources ever.
10. This contract was given to you on back to back basis i.e. all works and manpower was in your scope.
However, since you showed zero urgency, we had to continuously put 4 to 8 manpower at site daily to
assist your works from May till date as you were aware and additionally we had to put a full time
supervisor to co-ordinate your works and workers, which you were aware of and also used from time
to time. This is an additional cost impact to us of approx. INR 5 lakh. Even material loading had to be
done by us because you simply used to dump the material at client site and not bother about shifting it
timely.
11. Today, many of the points are still incomplete on various installation fronts and are still being attended
by our own supervisor and workers, despite increased access difficulties as the site has entered into the
final hand-over phase from our Client to the end customer, as you are very well aware.
12. We even purchased most of the silicone sealants which is another cost impact of INR 1.5 lakh to us,
which should have been done by you.
13. Please see the enclosed list of balance activities that we are performing at site on your behalf for the
last few weeks, even by using external agency sometimes, which is another cost of INR 2 lakh for
rectification works to us, due to your non co-operation.
14. We have even caught your manpower taking shortcuts deliberately and doing substandard works just
to somehow wrap up the works, which shows either your ill-intents or your lack of supervision and
integrity.
15. We can show proofs point by point for all the above statements, should you have any doubts.
16. Due to this unprofessionalism of yours, our image and rapport have greatly diminished with our client
and we even stand to face heavy penalties today, for the delay post 9th June 2024 which you are very
well aware of , and still you have not been attending to it, despite our multiple requests.
17. We hereby give you a final warning to complete all works on or before 09th July 2024, failing which,
we will be forced to proceed to get the works completed at our own cost, which will be deducted from
your account, in addition to the aforementioned costs and we will also be forced to take matters legally
thereafter to salvage the damages suffered by our company in form of loss of money, image, rapport,
future business opportunities, mental wellbeing and otherwise.