MVA/Corr-1000/JAN/2024 January 20,2024.
SPEED-POST/WHATSAPP/E-MAIL
To,
Mahagun Housing &
Constructions Pvt. Ltd.
Through its directors
A-19, Lohia Rd, A Block,
Sector 63, Noida, Uttar
Pradesh 201301
Our client : Pankaj Kumar Natrajan
Address: House no. 498, 2 nd floor,
Kotla Mubarakpur, opposite Janta
Hardware shop, Delhi- 110009
SIR,
We are constrained/concerned to act under the instructions from and on behalf of my
client Sh. Pankaj Kumar Natrajan (my “Client”) and to serve you by this notice (this
“Legal Notice”) to which kindly take note of:
1. That our client is a consumer who is covered under Section
2(7) of the Consumer Protection Act, 2019 according to which,
"consumer" means any person who— (i) buys any goods for a
consideration which has been paid or promised or partly
paid and partly promised, or under any system of deferred
payment and includes any user of such goods other than the
person who buys such goods for consideration paid or
promised or partly paid or partly promised, or under any
system of deferred payment, when such use is made with the
approval of such person, but does not include a person who
obtains such goods for resale or for any commercial purpose.
2. That by believing your offer as genuine and trusting on the
Management of the company, our client has applied to purchase a
Commercial co-owner space project for a Price of Rs.38,75,000/-
(Rupees Thirty Eight Lakh Seventy Five Thousand Rupees only) in
Mahagun Housing & Constructions Pvt. Ltd. located in A-19, Lohia
road, A block, sector 63, Noida, Uttar Pradesh-201301.
3. That the total consideration amount to be paid to you the addressee
by our client for the aforesaid flat was Rs. out of which our
client had paid you the amounts at different intervals of time as per
the following schedule:
31 AUGUST 2022 --- Rs.2,00,000/- via cheque
20 SEPTEMBER 2022 --- Rs.3,50,000/- via cash
TOTAL AMOUNT PAID TO YOU --- RS 5,50,000/-.
4. That sum of Rs 2,00,000 was transferred via cheques dated 31.08.22,
and an additional amount of Rs 3,50,000 was provided in cash dated
20.09.22. We acknowledge the return of the cheque amount as per
the agreement. However, despite repeated attempts to seek
clarification regarding the cash transaction, there has been no
response from your end. Our client has expressed concerns regarding
the lack of communication and the outstanding resolution about the
cash transfer but you are keeping mum on the cash transfer amount
paid by our client. It seems that your intentions have turned malafide
and you are now trying to usurp the cash amount paid by our client to
your employees Mr. Arshad (Mob: 8826228701) & Mr. Anas (Mob:
9728278791) who on your instructions collected the cash amount
from our client.
5. That on 28.08.2022 our client applied for a loan from the bank and a
loan file was generated containing the No.-591151.Regrettably, the
bank rejected the loan amount for some reasons which were beyond
the control of our client. However, our client was very much desirous
to buy the co-working space in your dream project.
6. That after the cancellation of the deal of the flat, you were pleased to
return only Rs.2,00,000/- via cheques. However, an additional
amount of Rs 3,50,000 which was given in cash dated 20.09.22 to
your employees Mr. Arshad (Mob: 8826228701) & Mr. Anas (Mob:
9728278791) is still pending and has not been received by our client
till date.
7. That after date: ……. , there has been a lack of communication
from your side, despite numerous attempts on our part, which seems
to be malafide and you are now trying to usurp the cash amount paid
by our client to you.
8. That there are so many Whatsapp communications regarding the
return of the pending amount with Mr. Arshad (Mob: 8826228701) &
Mr. Anas (Mob: 9728278791) still no action has been taken at your
end in regard to the return of the said cash amount. Our client has
got ample proof whereby both your employees admitted the amount
of Rs.3,50,000/- lying with your company but still no effort has been
made to return the hard earned money of our client who is a service
class person with limited resources.
9. That our client suffered a mental harassment due to your
malafide act of usurping the hard-earned money of our client.
10. That our client was in deep shock and got dismayed as he
certitude a sense of security from a real estate company like
you.
11. That our client is a service class person based in Delhi and
had already spent many working hours of his in sending
multiple Whatsapp messages and making multiple telephone
calls at Mahagun Housing & Constructions Pvt. Ltd .
12. That under your instructions both your employees Mr.
Arshad & Mr. Anas are not picking up the calls of our client
which seems malicious acts of usurping the hard-earned
money of our client. Pertinent to mention herein that the
cash amount was paid on your instructions and the same was
withdrawn by our client from his bank and the entire amount
in your possession is legal /white amount which is flashing in
the books of our client as our client has got no black money
with him and the entire amount is visible in his account
books.
13. That in the above-mentioned circumstances it is crystal clear
that you have usurped the cash amount paid by our client that
was duly received by both your employees Mr. Arshad & Mr. Anas
and you are not willing to clear the issue of the outstanding
amount of our client.
14. That all the requests made by our client went to deaf
ears and no positive action was taken from your end till date
even after various WhatsApp and telephone calls.
15. That in view of the above, it transpires that your acts
of misrepresentation, false submission, embezzlement and
wrongfully be-holding the rights of our client as a consumer is
bringing wrongful gain to your-self and wrongful loss to our
client which is malafide, arbitrary, wrong, illegal and bad in law.
It is informed that our client will not be taking anything lying
down anymore and we are under complete instructions to
take all necessary actions against you for your un-
professional and un-ethical deeds.
16. That the acts of you addressee make you liable under the
provisions of the Consumer Protection Act, 2019 to which
kindly
make note of.
In the circumstances, our client has instructed us to call upon you which we
hereby do, to immediately and not later than 15 days from the receipt of this
notice, release either the refund of Rs.3,50,000/- along with an interest @24%
per annum from the date of receipt of cash amount failing which, our client
shall be constrained to initiate appropriate legal proceedings in different Courts
of law both under the regime of Criminal Jurisdiction and under Civil
Jurisdiction for the recovery of the said amount. Our client also reserves his
right to initiate criminal proceedings against you as and when advised
by us. Needless to mention the same shall be at your risks, costs
and consequences.
You are further liable to pay a sum of Rs.11000/- (Rupees
Eleven Thousand Only) as necessary cost and expenses of
sending the present notice to you.
We hope that better sense shall prevail at your end and
our client will not be forced to take any un-pleasant course of action
against you, the addressee’s.
Yours truly,
MUNISH VOHRA (ADVOCATES)
Copy of this legal notice is also retained at my office for
further reference, correspondence and action, if required in
future.
