NON COMPLETION OF CONSTRUCTION BEING RECEIVED PAYMENT

Location/place: SODPUR,KOLKATA-700114

Name of company/service: SUMIT MALAKAR

I Sri Sukanta Das, S/O Sri Manoranjan Das,residing at 129,b, Ramkrishna ashram Road, p.o. -panihati Kolkata-700114,did an agreement for a consideration value of Rs 6,35,000/-on 11th may,2009 with Mr. Sumit Malakar s/o Late khitish malakar,Dr Lalmohan Banerjee Road,p.o. panihati, Kolkata-700114, for the construction of a single storied building in full complete condition as per the agreement attached at my own land at the above mentioned address(129B RAMKRISHNA ASRAM ROAD).
As per the agreement I havepaid all the money time to time as advance to complete the construction in reasonable time.
Sumit did the foundation work by his own choice of material,where he supposed to do the branded material as mentioned in the agreement, still I paid the money, so that the work should not hampered. But he took all the money for doing grill work, but he did not do and he has stopped the work, again he asked the advance because he told that he utilized the money in other site.
Though I have to go abroad and to complete the construction fast,being it already delayed I paid again Rs 70,000/- on 3rd January,2010, but still he did not do the work.
Though my schedule departure is approaching being 8 th april, after requesting repeatedly, he did not do then I paid additionally AS MENTIONED BELOW to the masons carpenters grill supplier also for which the amount is already paid to SUMIT MALAKAR.
Paid to sumit but work done by me
1. Grill as mentioned below Rs 32,000/-
a. Two front gate grill Rs 10000/-
b. Staircase grill- Rs 15000/-
c. Balcony grill Rs 7000/-
2. DOORS Rs 48,000/-
a. 8 doors RS 45000/-
b. ONE BATHROOM Door Rs 3000/-
3. Door polishing and grill painting Rs 25000/-
4. Interior decoration Rs 35,000/- for one room and kitchen
5. Boundary wall RS 15000/-
6. PARAPIT WALL RS 25,000/-
7. Unfinished ELECTRICAL WORK Rs 15,000/-
8. Unfinished Plumbing work Rs 10000/-
9. TANK Repairing RS 5000/-
a)TOTAL AMOUNT I paid extra rs 2,10,000/- which is already paid to sumit for the work.
APART OF THAT THE AMOUNT PAID TO HIM STILL WORK PENDING
1. MARBLE WORK OF MEZANINE FLOOR AND STAIR CASE RS 50,000/-
2. OUTSIDE PAINTING Rs 40000/-
3. Plaster work Rs 20,000 for boundary wall and parapet small part
b)TOTAL AMOUNT I paid extra rs 1,10,000/- which is already paid to sumit for the work.
SO I am having a deficit of RS 3,20,000 DUE FROM SUMIT AS OF NOW.I WANT TO GET BACK THE MONEY FROM HIM.
So out of the contract value of Rs 6,35,000/-, I paid to him RS 6,05,000/-For all the work except the WORK OF INSIDE PAINTING AMOUNT TO RS APPROX RS 30,000/- which is also not yet done.
In this context I donot want to suffer more, already it is one and nine months passed, but neither the construction is progress nor any improvement is happened.
My earnest request is to get refund of Rs 3,20,000 from sumit which is already paid to him but I did the work personally and paid but work is still pending.
I NEED PROPER JUSTICE IN THIS REGARDS
Thanking you
Yours faithfully

Sukanta Das
M.COM , AICWA
129B ,RAM KRISHNA ASHRAM ROAD
P.O. PANIHATI, KOLKATA-700114

sumit.pdf (167 KB)


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