On request from “Triumph India Software Services Private Limited (“Triumph”), whose principal place of business is at #22, D Rajgopal Road, Sanjaynagar, Bangalore – 560 094, INDIA in Oct 2012, to offer my professional consultancy services, I started interacting with this organization. As a part of it, I agreed to help and guide Triumph team in helping them manage and improve its PS business performance by guiding the respective teams involved in various activities like Business Development, HR, Training, Recruitment etc. I was also expected to participate in all associated management activities.
Accordingly I had started periodically visiting Triumph and participate in scheduled meetings during Nov 2012 to Apr 2013. After repeated requests from my side, an agreement, with effect from 1st Feb 2013 was finally signed on 12/Feb/2013 by Triumph’s MD, Ms. Usha Mohan. The day to day interactions were handled by Mr. Mohan Ramanathan | Director | Triumph India Software Services Pvt. Ltd.| #22, D.Rajgopal Road, Sanjaynagar, Bangalore – 560 094, INDIA. | Mobile: +9198450 48102 | Phone: +91-80-23519720-24. www.triumphindia.com
This means I had provided my services to Triumph for Nov 2012 to Jan 2013 with no compensation. However I continued provided my Consultancy services as part of building good will.
It was agreed that I would be raising the monthly invoices in the first week of every month towards the services rendered in previous month and payment will be released by Triumph by second week of the month. That is for services rendered in Feb, I was to raise invoice by 7th of Feb and payment will be released by 15th of Feb.
Accordingly I raised invoices for the months of Feb ( on 26/3/2013), Mar ( on 28/4/2013 ) and Apr ( on 17/4/2013 ) 2013. If you notice the delays in raising invoices was primarily due to Triumph not giving the required data for computing my services charges.
I NEVER GOT ANY PAYMENT for those invoices excepting promises that they will be cleared soon.
Though it was orally agreed that two month notice will be given by either party if decided to terminate the agreement, it was not followed. I was communicated by phone on 8th Apr and subsequently by email on 9th Apr, as under, and my services were terminated.
“ On Tue, Apr 9, 2013 at 5:07 PM, Mohan Ramanathan wrote:
Dear Ramesh,
As we discussed yesterday, we regret to inform you that we are terminating your contract as Advisor for PS business with us as of April 8th. Though we signed with high expectation of using your expertise, the current financial situation does not allow us to proceed.
We thank you for your support and valuable suggestions. We hope that in the near future we will be able to utilize your expertise again.
If there are any formalities Ashwin will close them with you.
Regards,
Mohan Ramanathan
Even my request for continuation at least up to 30th Apr was not agreed stating “ I have cleared only up to April 8th as the billing has dropped below the sustainable limits. I have to request you to bill only up to April 8th.”
Accordingly I had billed only up o 8th Apr as requested. THAT WAS IN MAY 2013.
SIINCE THEN INSPITE OF WEEKLY MAILS AND PHOINE CALLS, MY BILLS WERE NOT CLEARED AS OF NOW. ALLWAYS THE REPLY BEING GIVEN WAS “WE WILL PAY, PLEASE WAIT FOR SOME TIME”. This had caused enormous amount of stress and mental agony which started effecting my health as well in addition to putting under financial duress.
After waiting for so long I am left with no alternative but to reach out to consumer forum.
I am expecting the settlement following with break up given as under.
INR
FEB invoice 59,130.00
Mar invoice 54,321.00
Apr invoice 14,063.00
Nov to Jan services 150,000.00
TOTAL 277,514.00
Interest at 18% 112,393.00
for 2yrs and 3 months
Grand TOTAL 389,907.00
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