[Resolved]  UMAMANI HOME CREATIONS PVT LTD — VIOLATION OF AGREEMENT

By Speed Post
Date: 14 Nov 2011

From,
Tanmaya Kumar Mallick
Air Force Station
Amer Road
Jaipur-302002
Rajasthan
(Mob No. [protected], [protected])

To,
Mr, NC Nayak, MD
Umamani Home Creations Pvt Ltd
Plot No. 687, Jayadev Vihar,
Near Ankur Public School,
Biju Pattnaik College Road
Bhubaneswar - 751015
Orissa


COMPLAINT LETTER FOR VIOLATION OF AGREEMENT


Dear Mr. NC Nayak,

1. I have booked a plot at ‘Chikun Garden Project’ on 28 Dec 2009, on exchange of `1,00,000.00, with a promise by your company that the plot will be registered in my name within 3 months from the date of agreement on outright purchase basis. But so far no initiative has been taken by your company to finalise the deal. Despite so many verbal reminders and meetings with your managerial staffs and even with you, the hardships o[censored]ndersigned has not been resolved till date. I am submitting the detailed fact of the case till date to revive your focus on the issue.

(a) On 20 Dec 2009, I approached Umamani Home Creations Pvt. Ltd along with my relative Mrs. Santilata Parida, residing at unit VIII, Bhubaneswar, seeking a residential plot. I along with my wife, Mrs Santilata Parida, her son Shri SK Parida & their family friend Mr Shiva Prasad Behura had visited the site of Chikun Garden Project through Mr. Umasankar Samantray (Dy Manager), after discussion with Mr. SK Mishra (AGM) at his office. We are satisfied with the location as had shown by your above named representative and decided to go ahead.

(b) As I am a defence employee and staying far away from home, I have deputed my father Mr. Rabindranath Mallick for and on my behalf to thoroughly go through all property related documents held with your company and book a plot for me, only after he is fully satisfied.

 
(c) On 28 Dec 2009 my father met Mr. Umashankar Samantray(Dy Manager), Mr. SK Mishra (AGM) & Mr. NC Nayak (MD) along with our one of the far relative Mr.Prafulla Kumar Mukhi, in this connection and gone through all the property related documents as provided by your company and finally decided to book a plot, bearing khata No.287, plot No.1511, Sub plot No. 33 on exchange of `1,00,000.00 as token money, as decided by the Company at their accord. An agreement was made between both the parties and all legal formalities were executed accordingly. At that time the Company promised to start the registration process in the month of Feb-Mar 10. Accordingly I arranged rest of the amount for registration.

(d) On 15 Feb 10, my father had met Mr. Umashankar Samantray and Mr. SK Mishra personally at your Branch Office - I, to enquire on the progress of the case. But they avoided him, by saying that they will intimate a probable date by end of that month and there might be some delay due to land acquisition process.

(e) On 02 Apr 10, I received a letter from your office signed by Rojalin Rout (PRO). They intimated that due to some difficulties in acquisition process the estimated date is postponed and it would be done by Apr-May 10.

(f) But when my father approached the company office again on 30 Apr 10, they shown their inability again by repeating the same old story that ‘the complete land was not acquired till that date & the area was not developed’. So the tentative date could not be ascertained.

(g) On 18 May 2010 I approached Mr. Umashankar Samantray at Branch Office -I, but he told me to approach head office at Jaydev Vihar for registration purpose. I met Miss Arpita Dhal (HR Manager) along with my wife and spoken to her personally on the issue. But I could not get any satisfactory reply from her. I wished to meet Mr NC Nayak, but it was told me that he will come in the afternoon. I waited him till afternoon, but he did not come back. I took his contact number and tried to contact him, but he did not answer to my calls. Thus I had to return empty handed from there.

(h) In the night on 19 May 11, I got a call from Mrs. Sumitra (wife of Mr. NC Nayak). When I enquire about their difficulties for delaying the registration process, she told the same old story of “non-acquisition of land, area not developed” etc. but promised to go ahead with the registration process in the month of Sep 10. In between I enquired a number of time from Mrs. Arpita Dhal (HR Manager), Rojalin Rout (HR Manager) & Mrs. Sumitra, but the response was very poor. I tried a number of times to contact Mr. NC Nayak on his cell phone but he never answered to my calls.

(j) Further, I could not proceed to Bhubaneswar due to some difficulties and deputed my father to meet the Company officials and convince them about my difficulties. But neither way the issue was resolved by the Company, but they put forward a false promise to do the registration in the month of Nov – Dec 10. Also a letter dated 04 Oct 10 signed by Dipika Mohanty was received from your company in this regard.
(k) On 22 Dec 10, I talked Mr. Umashankar Samantray telephonically and he gave me words that the registration will be done by end of Dec 10. When I asked him about his availability so that I could meet him at your Branch Office, he avoided and told that he will confirm me by evening. But he failed to confirm. The next day on 23 Dec 10, When enquired telephonically, he told that he had to meet the MD personally on 24 Dec 10. Also I contacted Mr. SK Mishra (AGM) and he assured me that the registration can be done after meeting the MD.

(l) On 24 Dec 10, I met Mr. NC Nayak alongwith my wife at Branch Office-I after a long wait. He again repeated the same old story of ‘non-acquisition/area development etc.’ But he assured us that the registration will be executed tentatively in the month of Mar – May 11. But when I insisted him to give the same confirmation in writing, he promised to post a letter through courier service. When I asked him the reason for not attending any of my calls, he gave me a new number, for further contacts.

(m) On 25 Dec 10, when I rang up on his cell phone to enquire about the letter, he promised to send the letter by next day or day after the next day. After reaching at Jaipur, On 01 Jan 11, I tried to contact a number of times on his cell phone, but he did not answered to any of my call.

(n) On 03 Jan 11, I tried to contact on his cell phone for five times but he did not picked up the phone.

(o) On 05 Jan 11, when I called Mr. NC Nayak on his cell phone, he replied that he had already signed the letter and by cease work he would send it in my address.

(p) On 29 Jan 11 at about 9 ‘O’ clock in the morning, I rang up Mr. SK Mishra to enquire about the latest progress on the registration process, but he couldnot say anything and avoided the issue by saying ‘ I have to speak to the MD and let me know very soon’. But I didn’t get any phone call from Mr SK Mishra therafter. In the evening, at about 0830 hrs I tried to contact Mr. NC Nayak on your cell phone, but he did not pick up the call despite of long rings. So I had to send a SMS on his number. Still there was absolutely no reply from him.

(q) On 10 Feb 11, I got a letter from ‘Umamani Home Creation pvt ltd’ dated 02 Feb 10, signed by Miss Sujata Pradhan, HR Manager that due to acquisition problem, the date for registration got delayed up to Apr – May 2010. Accordingly I talked to Miss Sujata Pradhan regularly, to enquire about the tentative date, but she always gave me hazy information. On 11 Mar 11, when I called her on mobile, she told there is absolutely no problem from company side in registering the plot within May 2011 and I should be ready for registration process.

(r) On 25 Mar 11, I got a letter from ‘Umamani Home Creation pvt ltd’ dated 22 Mar 11 signed by Miss Mitali, HR Manager that due to acquisition problem, the date for registration got delayed up to May – Jun 2011. Accordingly I met Miss Mitali, HR Manager at her office on 27 Apr 2011 at about 1500 h along with my wife to enquire about the tentative date, but she did not give any clear picture of the case. But told that the registration would be done on 25 May 11. On 25 May 11, before starting to her office when I called on her mobile, she told that MD was not in agree with this proposal, the process may get delayed and she would confirm this by official correspondence.

(s) On 08 Jun 11, I got a letter from ‘Umamani Home Creation pvt ltd’ dated 28 May 11, signed by Miss Mitali, HR Manager that due to acquisition problem, the date for registration got delayed up to Sep 2011.

(t) After this incident neither I got any phone call by company officials nor any of my calls were attended by them.

(u) On 07 Aug 11 at about 1400 h when I tried to contact HR Manager Miss Mitali on her cell phone to enquire about the tentative date for registration of my plot, she did not responded and I keep on trying for at least 5 times. At last I rang to Main Office on land line number and someone picked up the phone and told that ‘Mitali maam was busy with other customer in her office’. But when I told him to give this phone to her he refused and told me to come back after some time. After that I tried to contact Mr. NC Nayak/ Mrs. Sumitra/Mr. SK Mishra but none of them responded to my call. At about 1410 h when I rang up on Miss Mitali’s mobile number she picked up the phone and told me that she was out side that time and she would find out my file in the evening and confirm me the tentative date by tomorrow morning 10 ‘O’ clock. I contacted Mr. Umashankar Samantray on his cell phone, at about 1525 h and he told me that he was in Puri with his family at that time, but he will come back to me in the next day 3 ‘O’ clock and will confirm me about tentative registration date which is scheduled in the month of Sep 2011.

(v) On 08 Aug 11, at about 02.55 PM When I called Mr. Umashankar Samantray on his cell phone, he told me that he would come back to me after discussing the issue with MD by tomorrow evening. I was waiting for the call from Miss Mitali, but she did not call me. At about 03.00 PM, when I called Miss Mitali, she told me that she was busy with some other issue, so she will confirm me about the exact position through SMS at the earliest, but she did not come back.

(w) I was waiting for the call from Miss Mitali and Mr Umashankar Samantray on 09 Aug 11, but they could not call me. At about 03.30 PM I rang up Miss Mitali but she could not picked up phone and subsequently SMS me that she was busy in meeting and would call me later on. At about 0830 PM I rang up in her mobile. She told that she hardly got time today to do my job, but she would definitely do it tomorrow in first working hour and send written intimation to me in Jaipur address. When I called on Mr Umashankar’s mobile, he told me that as per his discussion with MD registration of plots will be done in an early date and the message would be conveyed to me through their customer care (Miss Dipika) but he failed to give me a clear cut picture.

(x) I contacted Miss Mitali At about 1200 h on 29 Aug 11, to enquired about the progress. She told that she has already posted me the letter, intimating the schedule time of registration of plot.
(y) When I rang up Miss Mitali on her mobile on 05 Sep 11 after not being receive any letter from her, she behaved as such I never had any talk on this matter and told me to intimate, after having check at dispatch section.

(z) On 05 Sep 11, when I contacted Mr NC Nayak on his mobile he told that he has no idea about the case and he will call back to me the next day. But after that he neither confirmed me nor answered any of my calls.

2. Despite of so many reminders/personal visits, there were absolutely negative responses from your Company. I have spent a lot of valuable time by running after you and your company. Thus, I have left with no option but submit this application regarding your company’s act of negligence for your personal intervention and perusal.

3. If you do not put matter right within 3 weeks time, I shall be bound to approach before court of law for breach of contract and criminal conspiracy at your risk and cost.

4. I await hearing from you.



Yours,
Tanmaya Kumar Mallick
14 Nov 11