The other side of the story
In the world of stereotypes, the judgmental aspect of a democracy has become biased. We have seen a lot of cases where the law has been misused. We received a letter from one of our readers that seriously questions the fairness of the society and the administrative system. We are not judging the matter, we do not want you to form an opinion, and we are just sharing this letter as-it-is for you to have a fair view.
SUMMARY OF CASE WITH AND MALICIOUS INTENT OF MR. GYAN RATNA
March 22, 2018
To Whom it may concern,
This is to bring to your attention, and earnestly seek your help for, the continuous harassment and intimidation, which I, Partha Biswas, and my family, residing at 7 Loyola School Area, have been subject to, arising out of the cancellation of the agreement for the purchase of a flat due to repeated violation of the agreement made between me and Mr Gyan Ratna and Mrs Jayashree Sharma.
The harassment, which has included verbal abuse on our premises, false complaint of illegal construction to JNAC, defamatory article in the press, malicious Whasapp message with falsehoods, and an unjustified FIR 6against me has caused untold misery and anxiety not just to me, but also to my aged parents (aged 86 and 75) and extended family who have lived at this location for over 60 years, and are regarded as rock solid members of the community; my father being a highly regarded person who retired after a highly distinguished career at Tata Steel.
Because today I am painfully aware that law enforcement and public opinion are skewed against “builders”, I must stress that I am not a builder in the regular sense of the word. I am an engineering professional who returned to my hometown with my family after nearly two decades in the USA, spent studying and working there. The main purpose of this sole construction project was to ensure a transition of our ancestral home from one generation to another as per the wishes of my family elders.
I was forced to arrive at the decision to cancel the agreement which was signed in November 2014 for three main reasons:
1. Violation of the agreement by the allottee, that include repeated payment delays with a significant amount of payment still pending. The delays ran to 6-9 months at a time in some cases, leading to delays in the construction timeline, as this was a small, single structure project that was to be financed through phased payments. I have clear documentation of his defaults. The delays were overlooked and not one paisa of interest was charged despite having such a provision in the agreement, in the interest of goodwill and future neighbourliness. The man never offered any explanation for repeated delays. Now he claims it was due to his wife’s illness. I wish her full recovery but sad to say, he is shamelessly exploiting this at every step since the cancellation, to gather support and public opinion.
2. Illegal demands to additional parking spaces not paid for, and increasingly irrational demands outside of the agreement such as access to private areas, along with threats and intimidation to give in to his demands.
3. Repeated verbal abuse and escalating harassment and threats, including:
a false complaint to JNAC, alleging incomplete and illegal construction and other faults, none of which have been validated by JNAC.
It is true he has paid about 60% of the agreement dues. However, it has been brought to my notice that he has also produced doctored “kuchcha receipts” for alleged cash transactions and in various forums has been claiming various amounts that he has paid to me.
It was due to the combination of these three factors; plus fearing for our future well being, and after consulting my elders who are completely devastated, that I was forced to cancel the agreement.
At every step I have followed due process and responded to queries including undue visits from JNAC officials who kept pressurising me to give in to the demands.
I sent him three letters of cancellation by Speedpost along with an offer to discuss the return of money, over a period of 7 months, starting July 2017, that were received but never acknowledged, and consistently denied. This was finally followed by an advocate’s letter of cancellation in January 2018, that contained the offer of return of his money as per terms of agreement.
The JNAC complaint was followed by a complaint to CM’s Jan Samvaad Shikayat, followed by some aggressive local law enforcement officials who threatened me and my wife with immediate jail time if we did not comply with his demands, subjecting me and my family to distressing humiliation and harassment. When we refused to back down, this was followed by a false defamatory article in the press — which claimed that work had not even started on the premises – even though there is a completed building, or that I was refusing to return the money paid – despite evidence to the contrary.
This was followed by the most serious breach, an FIR charging me with fraud. Most recently, there was a malicious whatsapp message, maligning me and my wife, who is neither a signatory nor a partner in the agreement. As per procedure, the FIR has moved towards mediation, unfortunately there was no resolution.
Not satisfied with an FIR, a complaint was also made with the DC, resulting in further harassment through law-enforcement authorities.
I am trying my best to take legal recourse hoping that this will be heard fairly in the court of law, so that his money can be returned to him. I do not wish to reply to his press article or his whatsapp message, as my main goal is for our family to live in peace, as we have for the last almost 100 years.
I earnestly request your help in this matter, to stop this intimidation and pressure tactics and allow the court to take its recourse without interference.
7 Loyola School Area,
Jamshedpur, Jharkhand 831001