Cheating We had awarded a contract for Civil works to Mr. Nizam Kham, P.O & Village

Complain ID : CCN038281   47  

Business Complaint Complaint Date: April 9, 2019
Modified date: May 25, 2019
  • State :  Odisha
  • City :  Puri
  • Address: Matiapada (Near Trilochan School), Post/ Dist Puri, Odisha
I am Pradipta Kumar Das S/o N C Das, Resident of Matiapada (Near Trilochan School), Post/ Dist Puri, Aged 52 years, Religion Hindu, Profession Business, Representing (Managing Partner) of Encee Ventures, Multipurpose Cold Storage, having its registered office at Matiapada (Near Trilochan School), Post/ Dist Puri.

We had awarded a contract for Civil works to Mr. Nizam Kham, P.O & Village : Saktipur, Murshidabad, PIN 742163 West Bengal (hereinafter referred to as “the Contractor”), for the construction of a 5000MT Multipurpose Cold Storage at Village Alapur, Puri Dist. Odisha. 752012.

The Contract was awarded based on the drawing given by Mr. RAKESH KUMAR GUPTA, B. E. ( CIVIL), Govt. Approved Valuer, Building Consultant, Disigner and Planner, I.V. No. f. 10330 of Rang Mandir, Gandhi Chowk, RAIPUR. (Chhattisgarh) and detailed discussion, on 02.07.2016.
Based on the scope of work, the value of Contract was finalized and agreed at Rs.38.10 Lakh. It was also agreed that the final payment will vary based on actual measurement of work completed. The Contractor had agreed and assured to complete the entire work 4 months i.e before Oct.2016.
On 03.07.2016, the contact amount was revised to Rs.39.00 lakh, since there was some modification in the drawings, however all other conditions agreed on 02.07.2016, remained the same.
A sum of Rs.3.00 lakh were paid in cash as advance, which was duly acknowledged by a money receipt dated 04.07.2016 affixing the Contractor PAN Card no.DDCPK7624E.
All facilities such as shelter, electricity, fire wood, Toilet etc. for workers and construction tools and equipments were provided.
Progressive payments were made, based on the statement of the Contractor, all payments were duly acknowledged in Payment Vouchers. Total amount of Rs.3446000/- was paid and duly acknowledged by the Contractor.
Since there was inordinate delay in completion, on 29.01.2017 we enquired with the contractor to give the detail of the work completed and balance work to be done and the completion schedule, but there was no response from the Contractor.
Since there was no response, on 30.01.2017, we meticulously assessed and evaluated the value of work completed, and found that the contractor has taken excess payment of more than Rs.10 lakh compared to the value of actual work done, by misleading and misrepresenting us, besides delay in completion of work by more than 3 months.
When we understood that the contractor has misrepresented and cheated us and taken excess payment, the contractor suddenly vanished, without information, from the project site along with his people.
We have sent notice dated 31.01.2017 to the contractor in the address mentioned above and have been calling several times to return the excess amount taken but there is no response from him.
Request to kindly intervene and render justice.
Complaint Against / To: Mr. Nizam Kham, P.O & Village : Saktipur, Murshidabad, PIN 742163 West Bengal

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