[Resolved]  City Realcom — non payment of money as per agreement

Address:

Thane, Maharashtra

M/S CITY REAL COM LTD.
96-B Wing,9th floor,
Mittal Towers,
Nariman Point,
Mumbai400-021
M/s City Limouzines (india) Ltd.
102 Wing,9th floor,
Mittal Towers,
Nariman Point,
Mumbai – 400 021,and
City Cooperative Credit Society Ltd,
Sunama House,
1st floor,Opp. Shalimar Hotel,Kemps Corner,
Grant Road (W), Mum-400 026.

I ,The Undersigned Krishna Kumar J.Tiwari,having File No ,CRLA No8135 having Receipt no 306 dated 6.03.2009 for Rs.95,000.00(Ninety Five Thousand only) and, Receipt No8683 dated 6.03.2009 for Rs.32,010.00(Thirty Two Thousand Ten only),residing at B-19,Sundaram Appartment, R.D.Shukla Marg, Near Durga Mata Mandir, Katemanivali, Kalyan (E), Pin-421- 306 have to address you as under :-

I, say that I was called from the office of thesaid company by one Mr. Chirag Doshi and said that if I deposit in their company Rs. 1,07,000.00(One Lakh Seven Thousand only)I will be returned Rs. 7775.00 per month for 60 months by post dated cheques and Rs 50,000.00(Fifty Thousand) only at the end of 60 months. Therefore I went to your office at Andheri (W) and signed an MOU.I was given file no CRLA 8135 dated 6.03.09.Based on the said MOU I had invested Rs. 1,07,000.00(Rs.One Lakh Seven Thousand only.) by paying, through cheque ,bearing No 807362 dated 14.05.2009 drawn on The Kalyan Janata Sahakari Bank Ltd, Kalyan (E) branch, which was cleared on 16.05.2009.Thereafter I was issued following two receipts:

1) Receipt No 306 dated 6.03.2009 for Rs.95,000.00 with a discount of Rs. 11,000.00,and
2.) The Second receipt of No8683 dated 6.03.2009 for Rs. 32,010.00 for City Co-Operative Credit Society.

1. I say that as per the said MOU, CLAUSE 2 (a) i.e. Payment Clause, you were required to pay Rs.5542.00+950.00+508+775.00 total amounting to Rs.7775.00 on 20th of every month ,Accordingly you send me 4 cheques of above amount i.e.Rs.7775.00(Seven Thousand Seven Hundred and Seventy Five Only).The same cheques I deposited in my above account in The Janata Sahakari Bank ,Kalyan (E) branch 421306. And the same got credited too.
2. I say that thereafter thesaid company did not give any cheque and thus you defaulted for payment of the same on and from August, 2009.

3. I say that as per the said MOU, CLAUSE 2 (b) i.e. Payment Clause you are Suppose to pay 24% on defaulted amount .i.e.(7775+1866=9642per month)

and 7*9642=67,487.00 till February 2010 and Rs.7775.00 thereafter every month the same amount . Please note that as per the said MOU you have to make payment on 20th of every month however, despite my repeated requests and reminders you have failed and neglected to make payment. In this regard time and again I have addressed orally to you but you failed to clear the entire dues Amounting to 1,07,000.00 along with 24% interest which clearly shows your inability to pay your admitted dues.
I further state that despite my repeated requests and reminders in the matter they grossly, gravely, utterly, willfully, intentionally and deliberately failed, neglected and omitted to pay and remit to our clients the aforesaid admitted financial liability and obligation, which was long overdue, outstanding and payable by you.




5. I say that thesaid company, due to their aforesaid doings, acts and conduct,
have made a wrongful gain of a huge and substantial amount and caused a wrongful loss, of enormous and significant amount to me, for which, you alone are responsible and liable, which you please note

.



In the premises, I demand upon them, to pay the aforesaid
sum of Rs. /1,07,000.00 being the principal sum and interest thereupon at the rate of 24% p.a. from the date of each and every invoice raised against you till the date of final payment









K.J.Tiwari


C.c.:CITY REAL COM


















To,
M/S CITY REAL COM LTD.
96-B Wing,9th floor,
Mittal Towers,
Nariman Point,
Mumbai – 400 021,
M/s City Limouzines (india) Ltd.
102 Wing,9th floor,
Mittal Towers,
Nariman Point,
Mumbai – 400 021,and
City Cooperative Credit Society Ltd,
Sunama House,
1st floor,Opp. Shalimar Hotel,Kemps Corner,
Grant Road (W), Mum-400 026.

Legal Notice Under Section 433 and 434 for winding up proceeding against:
M/S CITY REAL COM LTD.,
M/s City Limouzines (india) Ltd. And
City Cooperative Credit Society Ltd.

Dear Sir,

I ,The Undersigned Krishna Kumar J.Tiwari,having File No ,CRLA No10304 and Receipt no 1044(Omini Car),20984(Property),1189(Credit Society) dated 14.05.2009 ,residing at B-19,Sundaram Appartment, R.D.Shukla Marg, Near Durga Mata Mandir, Katemanivali, Kalyan (E), Pin-421- 306 have to address you as under :-

I, say that the undersigned is an investor in their Combo Plan having my file no CRLA 10304.Based on the said plan I had invested Rs. 2,71,831.00(Rs.Two Lakh Seventy one Thousand eight hundred and thirty one only.) by paying, through cheque ,bearing No 807362 dated 14.05.2009 drawn on The Kalyan Janata Sahakari Bank Ltd, Kalyan (E) branch, which was cleared on 16.05.2009.Thereafter I was issued following three receipts:
1) .Receipt No 1044 dated 14.05.2009 for 1,09,831.00 with a discount of Rs. 10,000.00for car finance

2.) Another receipt No 20984 dated 14.05.2009 for Rs.1,07,000.00 with a discount of Rs. 11000.00,and

3.) The third receipt of No1189 dated 14.05.2009 for Rs. 55,000.00 for City Co-Operative Credit Society.
Thereafter we entered into an agreement dated 18th May 2009 for Omini Car and a Memorandum O[censored]nderstanding dated 18th May 2009, was executed by us and as per the said Agreement and MOU and as per COMBO PLAN, I was issued two cheques, for every month amounting to Rs. 8167.00 and Rs. 9374.00(Total Rs.17,541.00) from July 2009to June 2010.I deposited the said cheque of June 2009 in my saving A/c and the same got credited.
However from August,2009 I was advised, by their office on telephone, that I should not deposit further cheques ,as some investigation is going on, however till date I had not been advised to deposit further cheques.
As we had the above referred Agreement dated 18th May.2009 and a MOU dated 18 the May 2009.
I say that as per the said Agreement, CLAUSE 2 (b) and MOU clause 2 (c) i.e. Payment Clause thesaidcompanyare suppose to pay 24% on defaulted amount i.e.(17541.00+4209.00=21750.00per month) and21750.00*7=1,52,255.00 till February 2010 and Rs.17,541.00 thereafter every month.

3)Please note that as per the said Agreement thesaidcompany have to make payment on 25th of every month however, despite my repeated requests and reminders thesaidcompany have failed and neglected to make payment. In this regard, time and again, I have addressed orally to them but they failed to clear the entire dues Amounting to 2,71,831.00 along with 24% interest which clearly shows malafied intention of not to pay their admitted dues.

4.) I further state that despite my repeated requests and reminders in the matter thesaidcompany grossly, gravely, utterly, willfully, intentionally and deliberately failed, neglected and omitted to pay and remit to me the aforesaid admitted financial liability and obligation, which was long overdue, outstanding and payable by you.

5.)I say that thesaidcompany, due to theirr aforesaid doings, acts and conduct,
have made a wrongful gain of a huge and substantial amount and caused a wrongful loss, of enormous and significant amount to me, for which, they alone are responsible and liable.
In the premises, I demand upon them, to pay the aforesaid
sum of Amounting to 2,71,831.00 being the principal sum and interest thereupon at the rate of 24% p.a. from the date of each and every invoice raised against you till the date of final payment