Under the Instruction and on behalf of My Client being Mrs.

Sadhana

Devanand Pandey, The Contents and document of the Apartment

Purchase Agreement being registered on the _______ bearing Registration

Number.____________ and entered into between the ______ and _______ as

the party of the First Part and the party of the Second part shall

hereinafter be be referred to as the, “said Agreement”. I am instructed to

write to you as hereunder:-

1. My Client states that she is a Purchaser of the flat in the Building Wing-D
Ground (part), stilt part first to eleven floors (residential + commercial), which you
the Promoter/Developer have registered as Phase-III Balaji Exotica under Real
Estate Registration Number:P51700026674.
2. My Client states, you have further agreed that the Flat being 904 shall be
admeasuring 56.17 sq. mtrs carpet area, in Building Type “D” alongwith 9.01 sq.
mtrs to be enclosed balcony and 4.18 sq. mtrs as open terrace in Phase-III Balaji
Exotica under Real Estate Registration Number: P51700026674, and which Unit
Flat shall hereinafter be referred to as the “said Flat” .
3. My Client states that you have agreed that the total consideration towards
the purchase of the said flat shall be a total sum amounting to Rs. Rs.76,76,095/-
(Seventy Six Seventy Six Thousand and Ninety Five Rupees only).
4. My Client further states that you have agreed to handover the possession of
the flat by the 30th Day of June, 2022, it is submitted that you have not delivered
possession of the said flat.
5. My Client has at multiple occasions called upon you to deliver the
possession of the flat, it is mentioned that as my client had agreed to pay to you
the total consideration of the flat only on the condition that you were going to
deliver the possession of the said flat in the said building by the 30th Day, June
2022, you are hereby directed to calculate a compensation on the sums already
paid, and calculate an interest of 12% as compensation interest for each month of
delay compounded yearly. You are also hereby directed to calculate the
compensation with respect to delay of all such allottees and place as security
deposit all these amounts that you have failed to pay as compensation.
6. My Client further informs me that you have agreed to form the allottees of
Flat Purchasers into a Co-operative Housing Society, upon whose names you shall
convey the land over which you have developed the Real Estate Project, and for
which you shall place a security deposit of all amounts that you have failed to pay
as compensation so that the members of the Co-operative Housing Society do not
incur any liability and no encumbrance over land is formed with respect to the
amounts of these sums of compensation. You shall at all times keep the members
and the Co-operative Housing Society that shall be formed over the governance of
this Real Estate Project always indemnified of these amounts of compensation that
you have incurred and which you must keep as security deposit in the bank
account which you will inform me.
7. My Client further informs me that the reason for which there has been delay
in handing over the apartment is also due to your own lapse and due to your failing
to complete the project. My Client informs me that without having taking the
consent of the requisite number of allottees you have on your own discretion and
decision without having informed the allottees tried to attempt to amend plans and
now pursue in constructing a Building which instead of being constructed to “D-
ground (part), stilt (part), first to eleven floors (residential + commercial)” is being
constructed to the ____ slab.
8. My Client further states that she does not give any consent to the
amendments that have allegedly and attempted to be carried out with respect to
the said building. It is mentioned that you are hereby demanded to show cause
why My Client should not enable herself to move to the City Civil /District Court of
Appropriate jurisdiction where cause with respect to the construction of this
Building arises. You are hereby directed, to show cause as to why My Client shall
not enable herself to move to City Civil/District Court of Appropriate Jurisdiction to
injunct and so seek stay over these constructions works that are ongoing and
continuing on site. You are hereby directed and My Client further places on record
that you cannot be permitted to extend the date possession by continuously
amending plans and specification of the building.
9. My client further states that if you fail to comply with the above obligation
and fail to show appropriate cause my client shall take the liberty to take all legal
measures as mentioned above and any other such legal and appropriate measures
to restrain you from constructing any further without appropriate and requisite
consent.
10. You are also informed and so directed that you may take the opportunity to
accept the disputes and claims as forming part of the Apartment Purchase
agreement bearing Registration No. ____________ and entered into on the ________
between the __________ being the party of the first part and _______ being the party
of the second part, to be dealt with as an arbitration dispute over which shall be
applied the provisions of the Arbitration and Conciliation Act, 1996. The Venue of
which shall be the City of Mumbai and the Arbitrator Appointed for such dispute
shall be any lawyer of the Bar Council of Maharashtra and Goa and a Permanent
Member of the Bombay Bar Association Original Side with 10 years of experience or
more and for this purpose shall be Adv. Anita Shekhar Castellino. You shall show
inclination to such acceptance by writing a letter to the ____________ address within
a span of 5 days from the receipt of the same.
11. It is in this regard that My Client hopes that greater counsel overcomes you.

Yours truly.