|
From:
B.Premanand (78),
S/o.Late.K.B.Prabhu,
11/7,Chettipalayam Road,
Podanur, Coimbatore 641 023
To:
Inspector of Police,
Economic Offence Wing,
Coimbatore.
Regd. Post Parcel with Ack Due 23.3.2008
Sub: Regarding
Cheating and criminal intimidation by the
contractor Alex Punnassery and Architect B. Parthiban.
Respected Sir,
BIODATA OF THE
COMPLAINANT
While
studying in 8th standard in Ganapat High School, Kozhikode in 1942 while
12 years old I was dismissed from the school for participating in students
quit India movement.
In my
life I have not built a home for me nor accumulated wealth. In 1998
I have been given a National Award by the National Council for Science
And Technology Communication, Govt. of India, Department of Science
and Technology, New Delhi for my relentless efforts towards promotion
of scientific Attitudes among common people all over the country through
lecture – cum - demonstrations on and scientific explanation of hundreds
of the so called miracles employed by self styled godmen and through
books written and television shows conducted by me on the same
subject in the country as well as outside and also made me a fellow
of the Department.
I have
been one of the 65 persons nominated as an outstanding skeptic internationally, for
my work in 20th century to bring social change. From India Mahatma Gandhi, Prof. A.T.Kovoor and myself were nominated.
In 1968
after we left Kerala due to political reason and settled in Podanur
in the land and house given free by late Shri G.D.Naidu myself, my brothers,sisters
and mother gifted 90 acres of land in Kerala for an educational complex,10
acres for home for mentally retarded and about 15 acres to Kerala
Electronic Corporation who had agreed to give work to about 400 people
so that they could live on their hard work.
SURGERY FOR CANCER
In last
week of November 2006, I was diagnosed with a malignant tumour in the
stomach. On 5th December 2006 I was operated upon by Dr.M.Vijayakumar
at Bangalore at Kidwai Memoral Cancer Institute. Before surgery I went
to Podanur to sell the property of my late second son. He was murdered
by goondas of an Andhra Godman calling himself “SARVA DAIVATVA
SWAROOPA” on 6.12.2003 who had come
to steal the original records of a kidney stealing
in their super specialty hospital. I wanted to pay the expenses
for my surgery or commit euthanasia. Immediately I arrived at Coimbatore
a person was ready to purchase the land belonging to my son as I had
no use of them nor could I use them after my death as there was hardly
any probability of my survival. I wanted to use the sale money of my
son’s land in his memory for a home for children to learn method of
science so that they would be able to
solve their problems in life. This
was to be the first exhibition in the world on method
of science and even UNESCO wanted one for them to be installed in Vienna.
Hundreds of Panels of 8’x4’ size have already been prepared and
many scientific instruments purchased since many years of effort to
be installed in the home being built.
SALE
OF LAND TO BUILD A HOME FOR METHOD OF SCIENCE
On 12.2.2007,
27 cents of land were sold and the rest of about 20 cents were
to be used for the home. I was in a hurry as I wanted to see the home
inaugurated before I was dead and as I was not able to talk with my
friends about its construction I agreed to give the contract to one
Mr.Alex Punnassery, Proprietor S.R.Builders,Punnassery House,11/3c Asbestos
Road, Podanur, Coimbatore 641 023 and on 19.2.2007 by a
letter he agreed to construct the building at Rs.675/-
per sq.feet as per the plan approved by me on 14.2.2007 with three floors
each of 3500 sq.ft. as turn key project and the rate was valid upto
31.12.2007 and he was to get panchayat plan approvals before he started
construction. As per his letter dated 3.3.2007 I paid him Rs.9 lakhs
by cheque as advance so that the construction work is completed by June
2007 end after getting the plan approval. Having claimed to be a first
grade contractor building multicrore complexes I believed that he was
fully conversant with the building construction laws and knew
the formalities to be completed to get the plan approval without which
the construction would be illegal. Instead of applying for the 3 floors
together at Chennai as per the law, he applied to the panchayat on 13.4.2007
to build 2000 sq.ft building in the first instant and later when it
was completed to go in for further area step by step instead of taking
the work in one shot. This was to misuse my
advances for his purpose by going slow
for plan approval by applying for each piece when construction of the
1st approval plan is complete.
Later
I found that he nor the architect did know anything of the plan approval
though I was shown a three storey building with 5 flats being built
by Alex for himself in the near vicinity.
I left
for Bangalore to continue treatment and when I was informed of
a letter from Mr.Alex dated 11.4.2007 with a bill that Rs.793480/-
has already been spent on construction I was happy he had started the
work in right earnest after getting the plan approval but my younger
brother informed me by phone that no work was started nor the materials
for construction have been unloaded at the place of construction nor
the approved panchayat plan shown to him. And there was a demand for
a further amount of Rs.ten lakhs to complete the 3500 sq.ft. ground
floor while the application for plan approval was only for 2000 sq.ft.
In the letter of 11.4.2007 Alex had also paid Rs.50,000/- to the architect
Mr.B.Parthiban as service charges on my behalf to get the approval.
I was
surprised that the contractor applied for plan approval only for 2000
sq.feet building on 13.4.2007 with 7 plans of the building counter signed
by him and the architect as the panchayat had no powers to approve plans
for more than 1999 sq.ft and only after completing 2000 sq ft building
further approval can be made for the rest of the 1500 sq.ft building
for the ground floor. Because he has been constructing his 3 floor building
with 5 flats he would have correctly known the procedure for plan approval.
The most
treacherous part of the contractor was to try to collect from me Rs. Ten
lakhs on and above the Rs. 9 lakhs paid as advance on 3.3.2007
without producing approval plan and the silence of the architect without
giving me the details of the work done as claimed by the contractor
for further payment of advances – Both wanted to drag me in their
illegal construction work so as to complete his 3 floor building using
my money for his construction. This can be verified from his bank account
as to what happened to the Nine Lakhs.
Almost
daily he was blackmailing me by phone to Bangalore that he will stop
the construction work unless I paid him the rest of the money. I had
no other way except to refuse giving him further money as he had
not produced the panchayat plan approval even for 2000 sq. ft. nor given
accounts.
I returned
back to Podanur on 14.6.2007 worried about the advance paid to
Alex and was shocked to see no work done for the construction
of the building except the excavation of the pits for foundation of
columns.
I was
not sure that I would survive. I was so weak and my weight had
fallen to 42 kg from 65 kg and I needed calmness. The mental agony and
stress due to the cheating by the contractor and the Architect was intolerable
as I was worried whether my last dream would be fulfilled. It was the
duty of the architect to warn me of the cheating by the contractor.
But both of them had joined together to exploit me.
Later
I came to know that the contractor and Architect had planned to squeeze
as much as money possible and they were 99% sure I would die so that
there won’t be any one to go to court. I sent a Regd. Letter to Alex,
dated 17.7.2007 to explain the details of work done and that if the
construction of 2000 sq.ft. building is not completed by 31.7.2007 I
would file a complaint for cheating. Surprisingly I am still alive
though unable to exert myself except one or two hours a day and the
rest of the hours on bed.
On 2.9.2007
the contractor through his brother asked for my permission to allow
4 of his men to stay in my premises as he proposed to start the construction
of the home in right earnest and that he would be responsible for any
loss to me by their stay.
On 25.9.2007
Alex submitted another Bill for Rs.8,49,000/- paying again Rs.55,000/-
to the architect, brick and sand Rs.18,000/- and bar bending materials
Rs.75,000/- which were not a part of the construction work and other
expenditure for construction were exaggerated when they are compared
with the earlier Bill dated 11.4.2007.
On 3.10.2007
as Alex had spent most of the advance amount paid by me to construct
his 3 floor building he requested for 3 lakhs to purchase 10 tons
of metal rods so that he can complete the roof work and complete
the 2000 sq.ft building for which he had applied for plan approval on
13.4.2007 and lied that he has secured the approval order for
which he had to spend Rs.40,000/-. Having agreed that he will deliver
the metal rods at the building site on Saturday or Monday and complete
the construction of 2000 sq.ft. before the end of October. I paid him
by two cheques Rs.3 lakhs on 4.10.2007, as I was so eager to complete
the construction as early as possible while alive.
As till
9th
the rods have not been unloaded at my building site, I sent him a letter
by Regd. Post dated 9.10.2007 asking him to complete 3500 sq. ft building
atleast before 31.12.2007.
Accidentally
on 12.10.2007 early morning I found that Thomas, elder brother
of Alex was stealing sand and jelly in
TN 38AQ 3854 Trucker and I got from him a confession letter that he
has removed one trucker load of sand and 10 bags of jelly. I found the
contractor was making use of my land for storing his building materials
and stealthily removing the materials unloaded in my site to his nearby
site where he was building a 3 floor complex of five flats. The
beat police have also seen him transferring building materials to his
site from my place.
On 3.12.2007
the Panchayat Engineer N.Dhatchanamurthi came with a set of fresh application
for municipality plan approval. He informed me that there
is some mistake in the document
filed with the earlier application. I signed them with the earlier date
of 13.4.2007. These applications were not signed by the contractor Alex
or B.Parthiban the architect. I was also informed that immediately these
signed papers were presented to the panchayat they would deliver the
municipality plan approval. Later when I perused the plan it was found
that the changes in the estimates and plan were made to reduce the cost
of construction from what was approved in the letter dated 19.2.2007
and 3.3.2007 and as specified in the plans and specifications and to
cheat me. Even the plan with semetic bands were missing; in the later
plans. In the flooring work the ceramic tiles were missing; the fungus
proof paint became white wash so also the oil bound distemper.
5 mm glass above 8’ to 12’ was missing to describe a few, and the
RC work supposed to be of 1:2:4 mix was actually not so.
These
two documents I signed as 13.4.2007 on 3.12.2007. I informed that there
were discrepancies in the new plan and the abstract estimates from the
original plan and estimates. I asked the contractor Alex and the architect
B. Parthiban to rectify them before they are presented to the
panchayat with a copy to me as other wise I will have to report the
fraud played by them both to the Kurichi Municipality and District Collector.
Again
on 7.12.2007 I informed the 10 mistakes in the new plan and estimates
and so to submit the plan to the municipality after rectification and
getting my counter signature.
On 8.12.2007
a letter dated 4.12.2007 by B.Parthiban the Architect submitting a bill
for work so far done and probable expenses of the further work to complete
the building was handed over to me by Mr.Alex containing 4 pages.
On 11.12.2007
I mentioned four discrepancies in the bill of work till then completed.
Those works were not done but mentioned as done. I also
requested to give me the
approval letter from Kurichi Town Municipality
and the completion certificate from the architect and the municipality.
Further for the rest of the 1500 sq.ft building that after receipt of
the approved plan and completion of the work I shall pay him the amount
as and when he takes up the work and on production of the work completion.
Surprisingly
the copy of the letter sent to the Architect was refused and came back
to me on 22.12.2007.
On 19.12.2007
the contractor Alex sent me his approximate stage bill of the building
which was quite different from the bill submited by him earlier on 11.4.2007
and 25.9.2007 and the architect on 4.12.2007.
Again
on 6.2.008 the contractor handed over to me his stage bill dated 10.1.2008
after a delay of 28 days. In each of the bills the amount of expenses
was increased and new heads added which proves that the expenses given
by him are not taken from his day cash book and are imaginary.
On 13.2.2008
the contractor removed 100 bamboo poles through his brother.
Surprisingly
on 15.2.2008 he again sent a letter dated 15.2.2007 predating it by
one year when even the idea of giving the contract to him was not thought
of asking me to return the bamboo poles lying in my premises through
Thomas. Both the materials were removed when I was not in the
construction site and without giving an acknowledgement.
I was
contemplating to file a cheating complaint against the contractor and
the Architect for giving false accounts of work done. So before taking
the drastic step by letter dated 17.2.2008 I asked for 16 clarifications
and also to excavate the pallam sand to check up the work upto base
so that we shall sit together and can amicably settle the matter.
As I did
not hear anything from the contractor or the Architect I sent a letter
dated 20.2.2008 to the contractor as to what time he would meet
me on 22.2.2008. For this letter also there was no reply. Innumerable
times dates were fixed but the contractor nor the architect would come
and it went on prolonging.
On 4.3.2008
I handed over my letter of the same date to the assistant of B.Parthiban
the architect asking him to provide me with his work certificate
that the work done by Alex the contractor is as per
the design and specifications provided by him and are safe
for another two storeys after seeing the site carefully as I have
already paid the contract money of 95% of the 2000 sq.ft building i.e
12 lakhs. That he was paid by the contractor debiting me Rs.1
lakh five thousand as architect’s charges and supervision charges.
The very fact that B.Parthiban, the architect has not so far given the
work certificate that the work done by Alex the contractor is
as per the design and specifications provided by him
and are safe for another two floors proves beyond doubt that the construction
work is not properly done and so not fit for use.
As there
is no response to my legitimate questions and requests I am forced to
file a criminal complaint against Alex Punnassery the contractor and
B.Parthiban the architect for giving me false informations leading to
great losses and thus cheating me. As I would like to see the work completed
of the building before I die due to the cancer and my health is deteriorating
day by day I would be thankful to you to take emergent action against
the two and also get reimbursed the excess money not used for
the construction of 2000 sq.ft building for which the contractor had
applied for plan approval.
The application
fees were paid by me on 24.1.2008. Though the contract agreed upon was
for 3 floor building but now it is found that the pillars and basement
would not support two more floors. The roof beams and the joints of
the beams are full of honey comb holes which the contractor tried to
patch up, will not even take the weight of the roof slab and some beams
are already bent along with roof slabs. The contractor Mr.Alex Punnassery
and the architect B.Parthiban are not
taking the responsibility by giving a certificate that the construction
is fit to take the load of two more floors. They are engaging children
in their construction work, for which also legal action has to be taken.
There
were lot of contradictions between the bills and the building. Citing
these contradictions I dropped a letter to the contractor and the Architect
on 11.12.2007.Again on 17.2.2008 I had written a letter to the contractor
and the Architect regarding the money they spent on construction.
But there was no response. Likewise there was no response to the letter
dated 4.3.2008 regarding the expenditures of Rs1,05,000 (Architect’s
fees).
The contractor
and the Architect had colluded to defraud me by way of constructing
the building not as per normal engineering specifications.
When I
asked the expenditures they told that all the amount were spent only
for construction. The above persons hadn“t even filed papers for plan
approval correctly. Only after a month on 13.4.2007
they alleged to have filed papers for approval that is too without
payment of proper fees. The fees itself was paid by me on 24.1.2008.
I proposed to build the construction as a 3 storeyed building. But now
the pillar foundation and basement would not support 2 more floors.
I doubt the Architect and the contractor colluded to make false bills
contradicting each other. The architect even after seeing the building
had mentioned that the pillars are 7 ft depth but when the foundation
earth was dug in reality it is 5 ft. I had incurred huge
loss due to the rise in the price of materials because of not
completing the work in time. The above persons are not taking responsibility
of the loss. I disclosed to them that they had extracted a huge
sum for a third rate work and asked to return the balance after deducting
the actual money spent. Instead of returning the money the said Alex
and Parthiban came to my home and are blackmailing me not to bring an
engineer and the advocate for amicable settlement as I have no health
or strength to go to courts. The joints of my right shoulder is
injured in March when the brother of
the contractor tried to remove the construction materials stealthily.
There is excruciating pain and I have to go to Bangalore for check up
and treatment on 6.4.2008 and the train ticket for me and my daughter-in-law
has been already reserved as I cannot travel alone. I am therefore unable
to stay in the premises being alone without any protection. As explained
above the structure they have built is against law and has to be demolished
by the government, as they had not procured the approval plan before
starting the construction work and not according to specifications.
I am also writing to the Hon. District Collector about this illegal
construction asking him to demolish the same. The above persons are
highly influential and rich. They can do anything. My life is at danger.
Hence I kindly request you to save my life and secure my money
and secure justice as per law. The architect has refused this
letter sent to him by email.
The copies
of documents mentioned in this complaint are attached with this.
The address
of the persons against whom the complaint is made
Proprietor,
S.R.Builders,
|
