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ID 2
Information Type Grievance
Subject release of BG, Issuance of Taking over certificate thereof
Name Dr.Audil Farooq  Mir
Address (Project Manager) Valecha Engineering Ltd
Srinagar
J&K
190001
Indian
Phone +91-194-2439439(O)
Mob
 +91-9419001064
Fax +91-194-2433118(F)
Email eraqkr@gmail.com
Status Resolved
Query Date 04-03-2010
Process Date
Disposal by
Request/Grievance "widening and strengthening if Qazigund Kulgam Road " release of BG, Issuance of Taking over certificate thereof: Copy to CEO ERA. Team Leader DSC IV. Resident Engineer- DSC -IV Contract Engineer DSC-IV Dear Sir's with great pain we are writing this mail as it is quite astonishing and surprising for us to see the apathetic way of handling the contract agreement.we feel contract agreement is not being understood by Engineer/Employer I had number of times written and represented to DSC, PIU, PMU ,ADB for taking over the site (Part) and sought release of our Performance Security in shape BG. Although lot of meetings, deliberations in this regard were done but no concrete decision in light of our contract agreement was taken or forwarded or sought till date with the result we became scape goats for non of our faults. the site still as on today does not stand handed over to us fully. what ever handed over till today stands completed(KM-3 to KM 17th ) since we have been co-operating till now with the dep't as they couldn't handle things in time bound manner ,thus project got delayed- inviting unnecessary expenditure / financial losses to us and Govt. the contract is clear viz clause 10.1 & clause 10.2 making our contention 'A' - completed site (km 3rd to km 17th) is deemed to be taken over 'B'- said site is being in use even before issuance of taking over certificate, thus deemed to be taken over from the date of being used( sep 2008) and ceasing the liability of contractor (our) for its care ' 'C'- since a stretch of road (Km 3rd to km 17th) is in use since sep 2008 , thus deemed to be taken over then and thereof thus its DLP period finished in sep 2009 a year after taking over in SEP 2008 . 'D'- that engineer(in our case DSC-IV is engineer) shall (has to) issue a taking over certificate . is clear and strongly correct in light of our contract agreement. . The contract agreement stands violated by the engineer(DSC) / employer (ERA) by not issuing taking over certificate and not releasing our BG till date and in turn we feel harassed and embraced by the department due to no decision making and wrongly putting up the case which has resulted in issuance of a DO letter by CEO ERA to Chairman JKBank for seeking financial compensation to ERA .this is assumed/seeming to have happened due to wrong assumption by ERA authorities that the road is incomplete and not formally taken over,thus the BG is supposed to be renewed/encashed by Bank which has not been done till now.while as we have been running pillar to post since last 6 months approx to explain and make ERA authorities and DSC-IV( Span Consultants) understand the facts in light of Contract agreement & even had requested vide many communications before expiry of validity of such BG to either to release the BG in full or seek reduced BG for balance left over value of work which is left over not due to contractor but due to impediments which could not be removed since year 2006 and issue taking over certificate.Further the earlier extension of BG was done conditional to give enough time to authorities for decision in this regard but all in vain. thus through this notice we hereby submit and once again request that: A taking over certificate be issued in our favor w.e.f the road being commissioned /i n use. ( sep 2008)with respect to stretch from KM 3 to 17th incl Bridge at Devsar which is free/open to traffic. our BG be released - (we offer to refurbish the BG for Remaining Value of work.) our banker be informed about the release of BG as due to the non decision making and confusion of opinion within dept has resulted in tarnishing of our image with the Banker and embarrassment to us in case of failure to comply we shall be forced to : serve notice for termination of contract seek damage claim / financial loss/time lost. file defamation case
Disposal
   
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