Fwd: A Sincere Request....ADITH MULTILINGUAL SERVICES.

[Ultramarine]

This is the mail I got from adith yesterday.
I dont know if this someone informed them about us preparing an
action, or we are not alone or if it is simply another reply to my
past numerous emails.

What do you think about it?

Pavel Paloncy

---------- Forwarded message ----------
From: Rebanta Sanyal <procu...@adithmultilingual.com>
Date: Thu, Oct 21, 2010 at 5:05 AM
Subject: A Sincere Request....ADITH MULTILINGUAL SERVICES.
To: dhaval_t...@in.com
Cc: Babyshree <acco...@adithmultilingual.com>

Hi,

We don’t have any intention to give trouble to our translators. Adith
has been trying to fix up these problems with the support of few
financial agencies. These processes take about three months before we
can start paying our translators. We are asking for your time.

Kindly give us an installment to clear your payment. It is a sincere
request.. Our company is facing a major financial crisis due to the
recession, and some other companies who have worked with us have
closed down without paying us. Also, some of our staff members stole
our resources and started another company. All of this hit us at the
same time. We are sorry we did not do better in communicating our
problems with our translators.

We have been working with 2500 translators for the last eight years
and have been paying most of them consistently. We really want to
clear payment with all of them.

We  have been  in this industry for the last 8 years. We are here to
do business and we know translators are the main human resources for
this industry. Therefore we would never want to trouble them. We
understand they have been angry but some of them have caused us
serious damage which has made it more difficult to pay everyone.
Because of the complaints, some clients stopped working with us, and
they used this chance to stop paying our bills.

I hope you will give us time until February to start settling the
account and try to pay normal interest for the delay of your payment.

Thank you for your understanding.

Thanks & Regards

Radha.M

Procurement

Adith Multilingual Services Pvt. Ltd.

Total Language Solutions Provider, Bangalore-560 016

E-mail: procu...@adithmultilingual.com

 Website: www.adithmultilingual.com / www.adithmultilingual.biz

Head O:  #124, 1st Floor, Dooravaninagar, Old Madras Road,
Bangalore-16 Ph: 91-80- 3093700

Translates Words into Global Communications

This e-mail may contain confidential and/or privileged information. If
you are not the intended recipient (or have received this e-mail in
error) please notify the sender immediately and destroy this e-mail.
Any unauthorized copying, disclosure or distribution of the material
in this e-mails strictly forbidden. .E-mail transmissions cannot be
guaranteed to be secure or error-free as information could be
intercepted, corrupted, lost, arrive late or contain viruses. Adith
Multilingual Services Pvt. Ltd. do not guarantee the security and/or
integrity of this information and shall not be liable for any errors
or omissions in the contents of this message or any information
leakage which arise as a result of email transmission

--
ICQ #162277614

[neha chhabra]

No. This has been sent to me also today. I gues they have got an idea

[Michal Kasprowicz]

February?? Which year? 2038??

Come on guys. Don't be naive. They will NEVER pay, unless we force them to do so. The only way do deal with them to take legal action against them.

Michal

[Rajeev Kumar Bangia]

I agree, they don't have any intention of paying to anyone.....they just want to scuttle our efforts.....
 
only legal suit will be help us....

Rajeev Kr Bangia 


 

---

Date: Fri, 22 Oct 2010 14:11:28 +0300
Subject: Re: A Sincere Request....ADITH MULTILINGUAL SERVICES.
From: kasprowi...@gmail.com
To: adith-no...@googlegroups.com

[borrecon...@eircom.net]

I don't believe they will ever pay if they can avoid it. I have been promised numerous times that they will pay me next month and next month never comes. This is only a delaying tactic.
Dorthe Borre Cullen
Ireland

----- Original Message -----
From: "Rajeev Kumar Bangia" <rkba...@hotmail.com>
To: adith-no...@googlegroups.com
Sent: Friday, 22 October, 2010 12:24:22 GMT +00:00 GMT Britain, Ireland, Portugal
Subject: RE: A Sincere Request....ADITH MULTILINGUAL SERVICES.

I agree, they don't have any intention of paying to anyone.....they just want to scuttle our efforts.....
 
only legal suit will be help us....

Rajeev Kr Bangia  

 

Date: Fri, 22 Oct 2010 14:11:28 +0300

[Ultramarine]

I think the same way.
Probably we are not alone who want to take action against them. Maybe
they are suspecting something. I think they just want to get time to
file for bankrupcy and establish a new company. I think we should act
swiftly or else it might be too late.

Pavel

--
ICQ #162277614

[preeti r shah]

i always have this doubt, if incase any of their people join this group then what?
if we have sufficient data, then let's get into action


On Fri, 22 Oct 2010 17:54:40 , Ultramarine wrote

[Mikko Vesterinen]

I agree. They have no intention to pay. I got the same message yesterday... it's just their delaying tactics. There's no way they're gonna pay all of us in February.   Does anyone know how to contact Sharmila personally? We need to put pressure on her and be quick to file a law suit against the company. If it's true that they're going to close it down and start a new company, it will be a lot harder to get our dues... :/   Is it possible to report them to the local police? They've committed a fraud, that's for sure. At least my POs state clearly the payment deadlines and conditions which they have failed to meet. -Mikko Vesterinen- E-mail: mtve...@yahoo.it

[Ramana Prasad]

Hi:

We have sufficient data. It is hoped some concerted actioin will be
taken soon. Letter from Adith is just another piece of hundreds of excuses
that company has been handing out for years to hapless translators.

Regards:

K.Ramana Prasad

[Ramana Prasad]

Hello::

They have committed fraud and will escape. Immediately it is possible
to individually and collectively bring the matter to the notice of Police
Commissioner, Bangalore and freeze the company's activities. Even if
recovery of our payments is jeopardised, it will save the future anguish of
many translators who are duped even now.

Regards.
K.Ramana Prasad

[Mark White]

> This is the mail I got from adith yesterday.

What did you send them that resulted in this reply?

> What do you think about it?

It's difficult for me to say how little I care about what they write. as
I've heard these things before but sen no action. A year ago they said
about an employee stealing from them and that they would have everything
resolved by March. It didn't happen.

If they're finding it this difficult to continue their business and pay
their debtors, maybe they should be forced into bankruptcy. This might
be an option if we take legal action.

Mark...

[Mark White]

> Come on guys. Don't be naive. They will NEVER pay, unless we force them
> to do so. The only way do deal with them to take legal action against them.

No one is suggesting that we wait. The intention is sill to take action.

[Mark White]

> We have sufficient data.

In the last two days I have had one more incomplete details of a claim,
and details of a new victim of Adith from the CEO TransaltionDirectory.

We have to agree a cut off date. I had in my mind that this should be
the end of the month. I'm happy to take a vote on it. So separate email
thread started.

Mark...

[Mark White]

A simple vote is needed. Do we take action immediately and close the
list to new claimants, or wait until the end of the month?

Please reply 'now' or 'end of the month'

Whatever is the most popular response will get done.

Mark...

[Mark White]

> Does anyone know how to contact Sharmila personally?

There are a few ways. When we all agree that this is the time to start
action, I can summarise contact details again, though you can see these
on the archive for this group on Google Groups if you go back through
the messages.

> pressure on her and be quick to file a law suit against the company. If
> it's true that they're going to close it down and start a new company,

There is only limited evidence that this is going to happen.

> Is it possible to report them to the local police?

I live in Thailand. It would be a waste of time to take a company fraud
to the local police. When I lived in the UK, it would've been a waste of
time too. Can anyone who has real experience of the legal system in
India comment as to whether the local police would be interested in
something like this.

Mark...

[Mark White]

> They have committed fraud and will escape. Immediately it is possible
> to individually and collectively bring the matter to the notice of Police
> Commissioner, Bangalore

Can you look into how to do this and report back to the group please?

[Michal Kasprowicz]

end of the month

[Ramana Prasad]

Hello:

Earlier the better.
Regards.
K.Ramana Prasad

[Mikko Vesterinen]

End of the month, I'd say. -Mikko Vesterinen- --- Dom 24/10/10, Mark White <ma...@somsip.com> ha scritto: Da: Mark White <ma...@somsip.com> Oggetto: When to take action A: adith-no...@googlegroups.com Data: Domenica 24 ottobre 2010, 09:26

[Ultramarine]

The earlier the better, I think waiting till the end of the month (that is waiting for a week] is the latest deadline. So my vote is "end of the month".

I would like to encourage all Indians or simply people who know how it goes in India to post possibilities what we can (i.e. contact local police and/or court etc.]

Pavel Paloncy

--
ICQ #162277614

[preeti r shah]

end of the month

On Sun, 24 Oct 2010 11:55:54 +0530 wrote

[Nora Schuster-kohli]

End of the month

Sent from my iPhone

[Namrata Phukan]

'end of the month'

Thanks & Regards

Namrata Phukan
Bangalore

[Rajeev Kumar Bangia]

Dear Mark
It is almost end of the month, please.
thanks

Rajeev Kr Bangia 


 
> Date: Mon, 25 Oct 2010 11:40:58 +0530
> Subject: Re: When to take action
> From: np.ban...@gmail.com
> To: adith-no...@googlegroups.com

[Alexandra Ney]

Hi,

End of the month

Would be good!

Thanks!

 

From: adith-no...@googlegroups.com [mailto:adith-no...@googlegroups.com] On Behalf Of Ramana Prasad
Sent: Sonntag, 24. Oktober 2010 18:12
To: adith-no...@googlegroups.com
Subject: Re: When to take action

 

Hello:

[Mark White]

The responses seem almost unanimous in supporting taking action at the
end of the month.

So if anyone has not sent details of their claim to me, you have only 6
days until it is closed.

It is also the time to ask for volunteers to find out what can be done:

1) By local police
2) By local debt collection agencies
3) By India-based lawyers

Can I have some names please?

Mark...

[Rajeev Kumar Bangia]

Dear Mark
I think the banglore based lawyers will be OK, and place the POLICE at second stage.....
 
Local debt agencies are not realiable here I think,
thanks

Rajeev Kr Bangia 


 
> Date: Mon, 25 Oct 2010 15:06:17 +0700
> From: ma...@somsip.com

> To: adith-no...@googlegroups.com
> Subject: Re: When to take action
>

[Mark White]

> I think the banglore based lawyers will be OK, and place the POLICE at
> second stage.....

Are you volunteering to contact any lawyers to see what they say?

I think the final figures will be 16 claimants, and about $19,000

It would be interesting to have some ideas early on. I have no intention
of giving Adith a long time to respond to the initial contact and want
to back up that contact with immediate action if necessary.

Mark...

[Rajeev Kumar Bangia]

Actually dear Mark
I am based in Delhi, and bangalore is too much far away...
is there any one in the group who belongs to Bangalore...
 
 
And one more thing, we should be more coutious in this regard.
thanks and take good care

Rajeev Kr Bangia 


 
> Date: Mon, 25 Oct 2010 15:13:11 +0700

> From: ma...@somsip.com
> To: adith-no...@googlegroups.com
> Subject: Re: When to take action
>

[Rajeev Kumar Bangia]

Dear Mark
If some one belongs to Bangalore.....
then he or she can file an application in the Consumer Court.....
 
It is easy, no lawyer is required, and fee is almost nil.....
 
Only thing it takes time..... (even year), but it is sure that Adith will have to pay....
 
One more thing, I believe that this world is too close with context to internet...... We should seek help from a person or NGO working in Bangalore........to help us in this regard.....
 
thanks

Rajeev Kr Bangia 


 
> Date: Mon, 25 Oct 2010 15:13:11 +0700

> From: ma...@somsip.com
> To: adith-no...@googlegroups.com
> Subject: Re: When to take action
>

[Mark White]

Something I've done quite quickly. I'll spend a lot more time on it
before it is ready. Comments welcome. Ignore formatting.

To the representatives of Adith Multilingual Service Pvt Ltd

THIS IS A NOTICE OF A PROPOSED CLASS ACTION AGAINST YOU

You are hereby notified of an intended class action to be heard in the
Indian Civil Courts.

This action is brought by:
Mark White, Alexandra Gruenenwald, Dorthe Borre Cullen, Nora Kohli,
Michal Kasprowicz, Mikko Vesterinen, Preeti Shah, Rajeev Bangia,
D I Aravindan, Neha Chhabra, K Ramana Prasad, Pavel Paloncy, Eleanore
Merrill, Alejandra Contreras
(collectively, the plaintiffs)

This action is being brought against:
Adith Multilingual Services Pvt Ltd

The basis of the action is formed by failure to fulfill contractual
obligations concerning payment due for work contracted by Adith Multingual
Services Pvt Ltd to the plaintiffs.

In these cases, Adith Multilingual Services Pvt Ltd has entered into
contracts with the plaintiffs and the plaintiffs have met their contractual
requirements. Payment due under the terms of the contract has not then
been made, and the plaintiffs have not been recompensed for the work they
have completed.

A separate listing of all 62 outstanding Purchase Orders is attached,
along with a full breakdown of the
total sum being claimed of US$19,000. These unpaid Purchase Orders date
back to November 2008.

Many of the plaintiffs have tried been trying unsuccessfully to obtain
the monies owed to them and have been given a number of different
excuses by Adith Multinlingual Services Pvt Ltd. These have included:

1) Incomplete payment details or documentation
2) Inadequate work on behalf of the plaintiffs
3) The company has financial problems
4) The company has internal auditing problems

These have been accompanied by refusals by the company to respond to
telephone contacts and emails, and promises of payments that
have not been made.

In the case of 1), we cannot accept that a conscientious company would
allow debts of $19,000 to be incurred to 17 different individuals merely
because of incomplete documentation. Copies of correspondence between
the plaintiffs and Adith Multilingual Services Pvt Ltd will be
provided to show that documentation has been provided and that this is
merely an excuse for non payment.

In the case of 2), we cannot accept that a conscientious company would
make numerous contracts with any individual over a period of many months,
and then refuse to pay on the basis of poor quality work. Again, copies
of correspondence between the plaintiffs and Adith Multilingual Services
Pvt Ltd
will be provided to show that this excuse has no basis. Copies of
correspondence between the plaintiffs and the external client confirming
that the work is of an acceptable standard will be provided in some cases.

In the case of 3), this is not the concern of the plaintiffs. We cannot
accept that a company that has been experiencing financial problems
over this period of unpaid Purchase Orders (almost 2 years) would
continue to assign new contracts to individuals that would then also go
unpaid. This would be tantamount to fraudulent activity. The plaintiffs
accepts that, in order to address this class action, Adith Multilingual
Services Pvt Ltd
may need to declare itself to be bankrupt.

In the case of 4), this again is no concern of the plaintiffs.
Documentation will be provided from different plaintiffs showing that this
excuse was offered in November 2009 with a promise of resolution in
March 2010, and the excuse was offered again in October 2010 with
a promise of resolution in February 2011. We are no longer prepared to
accept promises that offer no immediate resolution.

Given the above, the time and effort spent by the plaintiffs, and the
stress and mental anguish caused to the plaintiffs by the inaction of
Adith Multilingual Services Pvt Ltd, the plaintiffs will also be seeking
damages of 100% of all monies owed by way of additional compensation.
Adith Multilingual Services Pvt Ltd will also be liable for any costs
incurred in bringing this action.

The total claim will be US$38,000, plus costs.

You are hereby formally notified of the intent to proceed with this
claim. We will consider settling this matter out of court, but
we will not accept any unnecessary delays, excuses, or offers to pay in
installments.

Therefore, you have 7 days to respond formally to this communication
with a proposal for immediate payment. Otherwise, you will next hear
from our appointed lawyer.

[Mark White]

It looks like the only member we have actually based in Bangalore is
Namrata Phukan.

Namrata - what do you think you can do to help us?

> then he or she can file an application in the Consumer Court.....

Rajeev: Can you find out more about this process. It's not what I was
wanting to do, but it's worth exploring.

> One more thing, I believe that this world is too close with context to
> internet......

That's why I was hoping that some people who lived in India would offer
assistance. Like emailing or telephoning a few lawyers in Bangalore to
see what they think of our case.

Because if the people based in India are not prepared to do this, then
I'll be doing it, along with any who volunteers who is outside India.
Which is going to be more difficult.

So - can you contact some lawyers to see what they say?

> We should seek help from a person or NGO working in
> Bangalore........

What sort of NGO do you suggest?

Mark...

[Rajeev Kumar Bangia]

Dear Namrata Phukan
 
will it be possible for you to do something in this regard...?
thanks

Rajeev Kr Bangia 


 
> Date: Mon, 25 Oct 2010 15:57:44 +0700
> From: ma...@somsip.com
> To: adith-no...@googlegroups.com
> Subject: Re: When to take action (Namrate, Rajeev, all)

[Rajeev Kumar Bangia]

Dear Mark
 
First it may seem OK to most of us....
 
But as a court case is required, only a lawyer can help decide what to file in an application.... or what should be the language of the application.... please.
 
 
Lot of formailities are required....., signature all the parties involve are needed, or power of attorney to one person or to lawyer will be rquired.
 
as far as the consumer court is concerned, I have doubt about the scope of the suit acceptable to Indian boundries or outside Indian teritoy can be included? ..... and it is same with court as well? It is the question of jurisdiction.....
 
I will ask one of my friend, who knows about legal matters about it.
 
 
Most important thing is someone from bangalore, a dedicated, faithful person is needed.....from bangalore....
who can appear in the court on behalf of all of us.


Rajeev Kr Bangia 


 
> Date: Mon, 25 Oct 2010 15:50:29 +0700
> From: ma...@somsip.com
> To: adith-no...@googlegroups.com
> Subject: Initial Contact - first draft (all)

[nora kohli]

Hello Mark,

It all sounds fine to me, I am trying to get in touch with a lawyer in Bangalore, someone reliable. I'll let you know if I manage getting his contact details. 

Thanks.

[Mark White]

Maybe you misunderstand.

This is the content of the email I'll end to Adith. The idea is it looks
official, but of course it has no legal standpoint at all.

It's to communicate what we are going to do. Which is to employ a lawyer
to do this properly.

Mark...

[Mark White]

> It all sounds fine to me, I am trying to get in touch with a lawyer in
> Bangalore, someone reliable. I'll let you know if I manage getting his
> contact details.

That's great Nora. Keep us informed.

[Michal Kasprowicz]

Hello,

thank you for your efforts. I like it.
I am not the lawyer, but I would get rid of the part explaining their excuses. The less information we provide about the whole claim the better. Let's not give them any chance to prepare themselves. The rest should be done by the lawyer.

When talking to our potential legal advisor, I think first of all, we should make sure they actually HAVE any assets. If the company is broke, then we cannot do anything and we will never get the money from them. Maybe there is a way to prove that the management of Adith caused all this, otherwise we may end up chasing the company, which will never pay and the management starts up a new project and continues with their "business". See my point?

Michal

[Namrata Phukan]

Hi Mark,

I am available here in Bangalore till 15th Nov.

I can file an application in the Consumer Court provided anyone can
give me the details of the legal procedures. As I am serving my notice
period in office, little held up. However, I can go and meet whoever
is required once you know on the lawer and other authorities.

Regards,
Namrata

--

[nora kohli]

Hi all,

I have the name and email address of a lawyer in Bangalore, his name is NK Nair and here is his email address 

nkna...@gmail.com   His mobile no.is 09900362642.

His name was given to me by one of my friend who is a lawyer in north India.

Nora

[Mark White]

> I have the name and email address of a lawyer in Bangalore, his name is
> NK Nair and here is his email address

Nice one Nora. I just sent an email to him to see if he can offer any
advice.

Mark...

[Mark White]

On 25/10/2010 18:04, Namrata Phukan wrote:
> I can file an application in the Consumer Court provided anyone can
> give me the details of the legal procedures.

Many thanks for your offer to help.

I have asked a number of times for other people in this group to help me
and the lack of response has been disappointing.

We're nearly at the end of the month and we are ready to contact Adith.
After that, we need to be ready to take some action otherwise we are
just making an empty threat.

So who will volunteer to find out the information that Namrata needs?
Who will volunteer to contact other lawyers in India to find out what
they can do for us? Or at least get some email addresses together of
possible lawyers so I can contact them with a standard email? So far
I've had no reply from the lawyer that Nora suggested and we need other
options.

It feels like there has been an initial expression of anger and
frustration towards Adith on this list, and not much else. If we are
going to take this further, I need help. Who will help me?

Mark...

[Eleanore Merrill]

Mark,

thank you 

I have some information and will follow up to contact a law firm in india, that I contacted a few times. I live in Chile. I will let you know asap.

Don't lose your patience now, yet, you have been wonderful.

 

Eleanore Merrill
 

---

From: Mark White <ma...@somsip.com>
To: adith-no...@googlegroups.com
Sent: Thu, October 28, 2010 9:36:57 PM
Subject: Re: When to take action (All)

[Mark White]

> I am not the lawyer, but I would get rid of the part explaining their
> excuses.

Fair enough. I'll take a look a that in my next draft. The first one was
a bit long, so maybe this is the section to remove.

> better. Let's not give them any chance to prepare themselves. The rest
> should be done by the lawyer.

In the legal process, they will have access to anything we provide to
our lawyer. But maybe just giving them the PO numbers, dates and amount
is enough to start with.

> When talking to our potential legal advisor, I think first of all, we
> should make sure they actually HAVE any assets.

I'm happy for them to go bankrupt. I have considered whether their web
presence is valuable and would consider using that, possibly to start a
translation agency that works in a way that is good for translators.

What would you suggest we do if we find they have nothing?

> Maybe there is a way to prove that the management of Adith caused all
> this

This is why I asked for people to confirm what documentary evidence they
have. I expect Adith will use the same excuses I've seen them use on
public forums about quality of work and missing documents. But I hope
that our lawyer would want to review the documents and advise us on the
strength of our case before doing anything.

> and the management starts up a new project and continues with their
> "business". See my point?

I don't see how we can stop this. I understand that in some countries
it's fairly trivial to cease trading as a company leaving debts
outstanding, and then to start up a new business in a different way
without liability being transferred.

This is where the vindictive part of me comes out again. I'm not owed a
lot of money by Adith. If I was part of a movement to systematically
destroy their business, and any future one they started, that might be
enough for me.

But $20,000! Some people are owned over $2000. Lets do something to try
to recover that, even if it is just filing a consumer claim and waiting
for a year. Then I'll decide whether to get vindictive.

Mark...

[preeti r shah]

i am also trying to get in touch with one lawyer here and will get back to you with his feedback

preeti

On Fri, 29 Oct 2010 06:16:21 +0530 wrote

>
Mark,
thank you
I have some information and will follow up to contact a law firm in india, that I contacted a few times.I live in Chile.I willlet you knowasap.
Don't lose your patience now, yet, you have been wonderful.

Eleanore Merrill
>
>

>

>


From: Mark White
>To: adith-no...@googlegroups.com
>Sent: Thu, October 28, 2010 9:36:57 PM
>Subject: Re: When to take action (All)
>
>On 25/10/2010 18:04, Namrata Phukan wrote:
>> I can file an application in the Consumer Court provided anyone can
>> give me the details of the legal procedures.
>
>Many thanks for your offer to help.
>
>I have asked a number of times for other people in this group to help me and the lack of response has been disappointing.
>
>We're nearly at the end of the month and we are ready to contact Adith. After that, we need to be ready to take some action otherwise we are just making an empty threat.
>
>So who will volunteer to find out the information that Namrata needs? Who
will volunteer to contact other lawyers in India to find out what they can do for us? Or at least get some email addresses together of possible lawyers so I can contact them with a standard email? So far I've had no reply from the lawyer that Nora suggested and we need other options.
>

>It feels like there has been an initial ex-pression of anger and frustration towards Adith on this list, and not much else. If we are going to take this further, I need help. Who will help me?
>
>
>Mark...
>

[preeti r shah]

On Fri, 29 Oct 2010 06:20:04 +0530 wrote

[nora kohli]

Hello, 

Are we still going on with the actions or not?

I haven't heard anything from the group anymore.

Thanks.

[Mark White]

> Are we still going on with the actions or not?
> I haven't heard anything from the group anymore.

Unfortunately my boss is in danger of going bankrupt right now. I have
no time to spend on this.

It might be a good time for someone else to do something.

Mark...