Legal Notice

 

 

Ref: AH/2018/AIBPPL-1 …….,, 2018 …….

LEGAL NOTICE STRICTLY WITHOUT PREJUDICE SPEED POST/COURIER 1.

M/S Eldeco Infrastructure And Properties Ltd. Corporate office: 201-212, Splendor Forum, 2nd Floor, Jasola District New Delhi- 110025 …..Addressee   …..Addressee

LEGAL NOTICE UNDER SECTION 14, 18 AND RELEVANT PROVISIONS OF THE REAL ESTATE (REGULATION AND DEVELOMENT), THEREUNDER

ACT,

2016

PERTAINING

TO

AND

RULES

DELAY

IN

MADE

HANDING

OVER THE POSSESSION AND ILLEGAL & ARBITRARILY DEMAND THROUGH A MAIL DATED 06/01/2017 WITH RESPECT TO THE RESIDENTIAL FLAT UNIT NO. IN 1/1003 AT ELDECO INSPIRE PROJECT KNOWN AS “

”

ELDECO AAMANTRAN PLOT NO. GH-003, SECTOR 119,

NOIDA, U.P. Under instructions from and on behalf of my client Mrs. Ranjeeta Kumari W/o Dr. kumar Prashant, And Dr. Kumar Prashant, Resident of 705, Mahesh Apartment, Sector 21-C,

 

 

Faridabad, Haryana, I, the undersigned, hereby serve upon  you a legal notice of the following contents: contents: 1.  That  That my clients are peace loving and law abiding citizens of India and are residents at the aforementioned address. My client belongs to a middle class family and had invested his hard earned money in your project.  2.  That  That you, the addressee, are a company registered and incorporated under the provisions of the Companies Act, 1956 and have been engaged, inter alia , in the business of developing real-estate.  That my client came across an advertisement about the project i.e. “Eldeco “Eldeco Aamantran” Aamantran” of yours, the addressee. Having come across the said advertisement, my client, on enquiring about your said project, came across an agent of yours who facilitated my client to approach  your executive over phone to enquire about the project as well as the other related information and/or facilities and/or specifications. 3.  Being persuaded and allured by you and relying on the fact that the company has no record of delay in handing over of the possession, which, if happens, the company pays the interest on the deposited amount. Having obtained all necessary permission/approvals/sanctions for construction of the said building from all the concerned competent authorities, and the construction

 

 

of the building as well as of the flats is in accordance with the approved plans, my client, only then, went ahead with the deal. It is further noticed that you, the addressee promised my client that the whole project and/or township would be completed/developed within 36 months from the day of application.  4.  That  That client clien t being allured by the representation made by  you, the addressee, decided to book a flat and thereon paid a booking amount/part payment of Rs. 6,65,000/(Rupees Six Lakhs Sixty Five Thousands only) and the total amount deposited with you of Rs. 65,64,740/(Rupees Sixty Five lakhs and sixty for Thousand seven hundred fifty only), by 19.07.2016 Against FLAT UNIT NO. IN 1/1003 AT ELDECO INSPIRE PROJECT KNOWN AS “ELDECO AAMANTRAN” PLOT NO. GH-003, GH-003, SECTOR 119, NOIDA, U.P.  

out

of

total

consideration

of

basic

price

of

Rs.

66,55,248/-/- (Rupees Sixty-Six lakhs and Fifty-Five  Thousands Two Hundred Forty-Eight O Only) nly) by you, the addressee.

5.  It is significant to mention herein that my client had approached you over phone as well as had personal meetings in your office regarding the progress and/or development about the construction and delay in handing over the possession of the flat in the said project,

but

you,

the

addressee,

have

not

been

 

 

responding satisfactorily to my client and causing an undue, unreasonable and unnecessary delay. 6.  That  That on 6.01.2017 you, the addressee mailed My Client a demand letter asking an illegal demand of Rs. 3,47,738

which

was

directed

to

be

remitted

by

27.01.2017 in case of any delay, subject to penal interest. 7.  That  That you illegally altered the premise even after the layout plan without his prior consent and are charging my client for it illegally ille gally and arbitrarily.

8.  It appears that the modus operandi  adopted  adopted by you, the addressee company, is to initially allure the gullible customers into investing money and accept booking by receiving huge payments. 9.  It is germane to mention herein that my client is entitled to have protection under “The Real Estate (Regulation and Development) Act, 2016 as well as under The Uttar Pradesh Real Estate (Regulation and Development) Rules, 2016. Having done the delay in offer of possession and alteration in unit area without my client’s consent and illegally illegally demanding money for the said flat to my client, you, the addressee, are supposed to be handing over the possession and set off illegal demand of rupees 3,47,738/- and refund the

 

 

interest upon the amount deposited with you towards the purchase of the said flat along with compensation thereon on account of delay in starting, completing and handing over of possession of the said flat. 10.  You, the addressee, have deliberately been violating the law of the land by your recalcitrant and arbitrary attitude and have been harassing my client and holding my

client

on

ransom

by

not

handing

over

the

possession along with compensation and asking illegal demand refunding as per the RERA Rules of the concerned government. 11.  You, the addressee, proclaim yourself to be a big name in the real estate sector, must be well aware of the settled position of law that “there can be no contract which could defeat the provision of any law.” and “one “one cannot take advantage of his own wrong”. wrong”. 12.  You, the addressee, have acted in a manner with my Client which amount to, inter alia , committing breach of trust, cheating etc. under the relevant penal laws. 13.  That  That by the present legal notice, I, on behalf of my client, convey to you, the addressee company, that in the circumstances mentioned hereinabove my client calls upon you, the addressee company, to hand over the possession of the flat and set off the illegal demand of Rs. 347738, along with the compensation as provided

 

 

under the Real Estate (Regulation & Development) Act, 2016 and rules made there under. It is needless to mention that in case of non-compliance of the present legal notice within a period of 10 days, my client shall be constrained to initiate legal proceedings against

you,

the

addressee

company

under

relevant

provisions of Real Estate (Regulation and Development) Act, 2016 and rules made there under. It may further be noted that any such legal proceedings initiated by my client against you, the addressee company, shall be solely at the risk as to costs and consequences of you, the addressee company. A copy of this legal notice has been retained in our office for future reference and records.

Yours sincerely

(Advocate)