Re:arbitrary esic demands
shahzad sheikh
(Querist) 22 October 2011
This query is : Resolved
Dear sir/s,
7 years back, we ran a business from a rented premises.few months after starting the business from that premises, we had a visit from an ESIC officer who forced us to write doen the names of all those present in our factory premises and added the total to 20 workers and asked for us to be registered. after a month ,we left the premises.
After 2 years, we received an ex parte demand and the calculations were done on ad hoc basis raising a demand.
we went and met the directors of the ESIC at andheri east,and presented following papers saying that the operations were closed after a month from the visit of the officer and the calculation is unjustified :
1. MSED confirmation that we have closed operations
2. letter from owner of the premises that we have vacated the premises.
however, the officer,Mr.B.P Pandey, present said that they were vested with powers to arrest if payment is not made. and they insisted that ,there is no point fighting because,50% of disputed amount has to be deposited,in case of trial , and even if we win, they will take 30% of the amount as it is.
when pointed out that these are extotion tactics,he merely laughed saying that we should do whtever we want and nothing can be done about that.
we reused to pay saying that it is an unfair demand.
to that,he attached our bank account and issued arrest warrent, had me arrested by the police, had me brought to the ESIC offioce ,and said that we will put you behind bars if you dont pay immediately.
Under a lot of pressure, we had to make the payment of not only the demanded amount but also the arrears which included the interest charges, police charges and whatever else,till date.
we gave them a dd alongwith a "paid inder protest"letter,which they acknowledged and gave back.
now,after a year, we get a demand notice saying that we paid only the disputed amount and the interest till date has to be paid ,whereas the receipt taken from them clearly states the amount breakup includes all interest till that date of amount being paid.
we are harassed by these legal extortionists and we want a way out. Now, we also want our money back,alongwith interest from them.
kindly advise.
Somnath mukherjee
(Expert) 22 October 2011
MR.shahzad sheikh I CAN ADVICE YOU AFTER SEEING THE FULL PAPERS.IT IS BETTER FOR YOU TO CONTACT WITH A LAWYER OR WITH ME IN MY NUMBER 09874753359
Sankaranarayanan
(Expert) 22 October 2011
Are you went for further appile and what records they taken from your place and what declaration been taken from you .
so without know full details we cant give opinion, better to seek one good lawyer's advise and try to solve the prob.
