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Attention please........

(Querist) 21 December 2010 This query is : Resolved 
Dear sir,

My father was a contractor in southern railways. He was expired on december 2009 leave behind my brother and my mother with me. my father did more works for southern railways chennai division. Payments for those agreements are not yet been given by them. we are chasing for payments for the past twelve months but still we dint receive payments from southern railways. Authorities are saying that in government it will take more time for processing your files, if u want to complaint on us means also u can complain and we know how to tackle all those complaints??????????? now we are ultimately in a helpless situation and i want to know to face this problem??? creditors are also forcing us for payments???? we even explained our situation and made humble request to make payments for us they are not considering..
so tell me how to face this problem????? how long it will take to receive payments from them?????/

thanking you

truly
Ezhil
Y V Vishweshwar Rao (Expert) 21 December 2010
It is recovery of Price for the Work done by the Your father under Contracts . If the Bills are not paid - you can file suit - as legal heirs -for recovery of due from Railways by Issuing a Suit Notice,with out waiting for any further more time
H.M.Patnaik (Expert) 21 December 2010
In addition to to what Mr. Visheswar advised , you can file an application under Right To Information Act to ascertain the pendency position of bills submitted by your deceased father as well as work-in-progress position from the Public Information Officer of the respective Railways Division. You will be certainly provided with the requsite info.
Besides, you may contact father's associates , staff as well as tax consultants if any to correlate the data and request for payment of the dues in writing along with the copy of the Legal Heir Certificate .
Devajyoti Barman (Expert) 21 December 2010
I thnk if you want to get expeditious relief to get back the dues on account of your deceased father then file Writ petition before the High Court in the nature of Mandamus and see how fast the Rly pay back the dues.
s.subramanian (Expert) 22 December 2010
I fully support the view of Mr.Patnaik.
Sreedhar Valiveti (Expert) 22 December 2010
Even in your query you have specifically stated that out side creditors are also forcing you for their dues. So you need to take perfect and speedy steps for realization of dues.
first you please approach your father's friends in railway who ever had given contracts to him, so that they may help you; if they fails, then file in railway tribunal for speedy recovery of dues, as you can get result some how fast in this tribunal rather than filing Civil suit or Writ petitions. But entrust to most trustworthy advocate, who can handle this kind of issues of your region.
malipeddi jaggarao (Expert) 23 December 2010
First, you follow the advice of expert Mr.Patnaik and obtain all the necessary information, number of pending bills, total bill amount, works-in-progress etc., under RTI Act. You can go concerned Railways portal in the internet wherein the CPIO address is available.They are required to give the information within 30 days from the date of receipt of your application. There is no specific application under RTI Act, you can down load some model applications for this purpose. Please also note, if any works are pending to be executed, they are to be completed. Whether your father is individual contractor, or whether he is having any partnership firm or Ltd., company, you will have to verify all these factors. If you are not aware, first consolidate the information from business associates/friends of your father, obtain the position of works and position of pending bills directly from Railways, if not possible file application under RTI Act and then you proceed legally if required. Simply the creditors of your father is pressing for payments, you can not expect the Railways to make immediate payments of the bills. Naturally, when a person is deceased, all the creditors exert pressure for repayment on legal heirs. You seek reasonable time from them and tackle the pending bills matter appropriately and thnk of executing the incompleted projects if any. You require co-operation with Railways at this stage. You can expect the same if you wage legal battle immediately.
Ezhilarasi (Querist) 25 December 2010
thanks for your advice
Ezhilarasi (Querist) 25 December 2010
my fathers business is a sole proprietor concern only. actually one agreement was work in progress after my father expired and we have clearly explained them that we cannot able to complete the work so they pre closed the agreement and finalized it for payments. whether this will create problem if we file suit...

my father did some excess quantity in some items in a agreement. even it was bill was written and finalized but payment is due. now officials saying that why your father did excess quantity because of that only delay.......... now we having a fear that if we file a suit whether they will turn things against us itself?????????

once we deal this case legally whether it will take years to complete because we want our payments as soon as possible so suggest me accordingly and now we are not in a situation to spend for lawyers in case we file a suit in court.

officials in railways will not help us because the will concentrate on the files of contractors who will give money for them so they naturally work for them and delay our files and starts saying stories once we ask about the process of our files.
we really dont know how to tackle them....

actually we given letters to general manager, chief engineer, divisional railway manager and assistant divisional railway manager regarding our issues but no use.....

once we get information through RTI we only know about the total amount pending and pending bills. whether we can ask through RTI itself how long it will take to clear our bills??????????

we need our dues to be cleared by railways as soon as possible so suggest me for this sir.....





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