Your kind attention is invited towards our compliant mailed your to inspection control division (Complaint Cell) vide our mail dated 29 march under copy to circle office Shimla which is still remaims unattened at both the levels.
It is pertinantly mentioned here that the payee of the draft is a cheater and seems habitual in committing such actions by joining hands with the bank staff by misrepresenting the facts and taking into confidence to them and involving some mediator. On one hand they managed to collect the payment of the original draft against which stop payemnt instructions was marked by the issuing branch and on the other hand creating a pressure upon us to deposit of the draft in there account even during the 10 days after collecting the payment hiding facts of the case. Highly surprised when we came to know that your MALL ROAD Solan Branch has shown payment of the duplicate draft which was not presented to them for payment and same is still in our possession. Likewise your faridabad sector 31 branch has refused to make payment of the duplicate draft by way of cancellation when presented to them and insisted upon us to surrender the draft to them as accoring to them we donot have any proprietory over the instrument whereas we are due holder of this instrument till date. The unbanking acts of your above both the branches are not hasitating and making a pressure on us to suffer a loss of Rs. 91700.00
Mr. Dhruv the concern functional manager at circle office Shimla though taking up the matter but to not avail till date.
Though the matter between us and the manufacture is not concern with you but In support of of our complaint, assisting you to understand the entire case and in witness of the delibrate fraudulent and cheating intentions of the payee by involvement of the banking staff we are enclosing herewith copy of our mail dated 15/3 and 2/4 to party and copy of the original complaint made to the bank on 29/3 for your kind perusal.
You are kindly requested to please look into the matter favourably and take action against the banking staff at fault and instruct your faridabad branch to cancel the dupliate draft and make payment thereoff to us.
We would appretiate if the complaint may please by acknowledged and developments regarding disposal theroff may please be intimated to us.
Thanking You..
(Ashish Sharma)
Mail Dated 15/3/11
To Dated : 16/3
MG Pharmaceuticals
Kumarhatti, Solan (H.P)
KIND ATTN – Mr. Amit Aggrawal.
Sub :- Supply of Goods – Breach of Contract
Dear Sir,
Your kind attention is drawn towards our purchase order no KDP/Purchases/MG/24/26 dated 4/2 regarding supply of goods executing to which two products namely Flexin and Lexit were supplied to us vide your bill no MG-520 dated 14/2 for Rs. 91700.00. Surprisingly the delivery of the goods through the transporter M/s Vinay Roadlines was made against the demand draft of Rs. 96700.00. Despite our repeated request the concern bill and the LR were not sent to us. We came to know through the transporter only that a payment of Rs. 96700.00 is required for delivery of the said goods. Accordingly we prepared a demand draft No. 04330001 dated 23/2 for Rs. 91700.00 of Punjab National Bank in your favour and handed over to the transporter along with a cheque No 409682 of Rs. 5000.00 dated 23/3 of Punjab National Bank in your favour as the transporter was compelled to owner your instructions to deliver the goods worth Rs. 91700.00 against a payment Rs. 96700.00. As the relative bill and LR were not sent to us inspite of our several telephonic request we were failed to know detail of the consignment and the payment demanded by you. Trusting on you we took the delivery by making full payment and when we received the transporters copy of the bill we were shocked to notice that credit note for the difference in bill rate and rate agreed (Difference due to advance payment made by us to the printer on your behalf for the packing material supplied to you) was not settled in the bill amount.. It was also noticed that the CST also charged 5% instead of 1% against form ‘C’ voilating the terms of Purchase Order. About detail of remaining Rs. 5000.00 we are still unknown. It seems that you deliberately did not sent us the relative documents and kept us in dark thereby managing to collect extra payment which voilated the contract of the purchase order.
We professionally took the matter on telephone with you to settle the issue with a request to send the relative bill and the lab test reports of the supplied goods enabling us to sell the products in the market which is still pending even after our level best follow up. The remaining 3 products are still unsupplied for which we have already made an advance payment to the printer on your behalf for the packing materials supplied to you by A to Z printer vide there bill no 224 and 225 through Shimla Mandi Transport under LR No. 314952 dated 29/1.
During our official visit to your factory on 19/2 we were assured that all the remaining goods are ready for dispatch and will be consigned by 20/2 positively. The commitment is still unhonoured inspite our subsequent regular telephonic follow up. Most of the time either you and your staff were not picking up the phone or occasionally once or twice when you responded again it was a false commitment to send the goods with in next one or two days. Your staff by mistake when picked up the phone replied that they are unknown of the developments, Mr. Aggrawal is out of the town supported by the harsh statement that we donot have any right to call on us. All our efforts prooved futile to settle the issue. We now are forced to understand that your intentions are malafied and dealing is highly unprofessional.
Non submission of the relative bill and Lab test report of the supplied goods and the non supply of remaining products caused us heavy loss due to non fulfilment of our market orders. Moreover, this has made us out of stock and our market orders bounced spoiling companies market reputation leading to the recurring losses in near future.
In continuation to our effort to settle all the issues amicably you were sent a mail on 15/3 which remains still unattended. All theses activities have compelled us to move on an unwanted and unpleasant path and we are constrained to manage stop payment of the demand draft and the cheque in reference to safeguard our interest.
You are once again requested to please settle down all the issues in a professional manner by providing justified pending credit note and by supplying the remaining products along with the bills and lab test reports and collecting your payment along with the required ‘C’ forms as we donot have intentions to cause any kind of sufferings and losses to you.
Looking forward for your support and co-operation to avoid any further dispute.
Thanking You
MAIL DATED 29/3 to the bank
dear sir,
a draft of rs. 91700.00 favouring M.g Pharmaceuticals was purchased by us on 23/2 from your sector 31, faridabad branch drawn on mall road, solan branch for making payment o our manufacture. Owing to the dispute with our manufacture we were intimated by the payee of the draft (that is our manufacture M.G Pharmaceutcals) that they are not in reciept of the draft till date and appears to have been lost in transit. The matter was taken up with your issuing branch faridabad with a request to mark caution against payment of the original instrument and to issue a duplicate draft there off. Executing to our request the faridabad branch acted as per bank guidelines instructing the paying branch not to make payment of the original draft and issued duplicate draft No. 120704 of R. 91700.00 on 15/3. Surprisingly today when we presented the duplicate Draft for cancellation we came to know that the original draft for which stop payment instructions was already marked by the bank head already been paid after three days of issuing the duplicate. It seems that the payee has managed fraudently to recieve the payemnt of the original instrument against payment of which the stop payment caution was market by the issuing branch.
Thus we have incurred a loss of Rs. 91700.00 we just had telephonic talk with Mr. Vakil Singh, Branch Manager Mall Road, Solan and also to issuing branch manager at faridabad but they are not co-operating rather they have started firing us that the bank incurr no liability. In this situation we are left with no alternate then complaining to you.
We had also taken up the matter telephonically with your inspention and control department (complaint cell) at circle office Shimla on 29/3.
You are requested to please take up the matter with your concern offices to solve the issue and instruct the concern branch to cancel the duplicate draft and make payment there off
MAIL DATED 2/4 to party
Reg: Supply of goods-Breach of contract and cheating.
Your attention is drawn towards dated 15/3 responding to which the concern bill and lab test reprot were mailed by you on 26/3. In this context our mail dated 29/3 remains still unattended.
Sebsquently to mail dated 15/3 you tried and did take up the matter telephonicallly through Mr. Neeraj of M/s Durga Pharma to resolve the issue werein we were insisited upon to make payment of Rs. 91700.00 in your account. We requested you to settl the complete in total and return the original draft in your possession along with the justified credit note enebling us to deposit the agreeable due amount in your account. During the telephonic talk with Mr. Neeraj it was consistently intimated to us that you have not recieved the draft till date. On behalf of you Mr. Neeraj using unparlimentary language tried to pressurize us and made every affort to make payment of rs. 91700.00.
Now we have come to know that the original draft against which stop payment instructions was marked by the issuing bank and for which you clamied to be not in reciept thereoff was presented by you on 18/3 thereby collecting the payment of the same but even after upto 28/3 you tried to collect double payment by keeping us in dark hiding the actual act of cheating committed through your mediator Mr. Neeraj of Durga Pharma who introduced us for the purchase of goods. Your IDBI bank account number was also sms to us on 18/3 in evening 6.00 'O' clock after collecting the payment ckearly indicating your atrocius intentions of cheating.
You view of the for goings now it is clear that you are habitual cheater and highly unprofessional who never feel shame in committing any sort of fraud involving any of mischeaves mediators like Mr. Neeraj of M/s Durga Pharma. You had been also successful in misrepresenting the facts to the bank staff and thereby involving and a party to them to commit a fraud.
It is again requested you to please settle the entire dispute in a justied and reasonable manner with 10 days from hereoff failing which we will be constriant to lodge and F.I.R with the Polic against you, Mr. Neeraj of M/s Durga Pharma and the bank. Even if you and your parties to this act of cheating and fraud donot come to resolve this issue we will not hasitate in moving the entire case to Count of Law and the other legal bodies like Drug Controller (State and Center).
Hoping to hear you soon
0 comments