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Date- 01 February, 2024. (ADVOCATES & LEGAL CONSULTANTS)
BY RPAD/EMAIL
LEGAL NOTICE
To,
1. CARS24 Services Private Limited.
10th Floor, Tower B, Unitech Cyber Park,
Sector-39, Gurgaon-122 001, India.
AND
2. CARS24 Services Private Limited.
O/At- Village Shekpur, NOR Warehousing Pvt Ltd.,
Off Bilaspur Tauru Road, Village Shekpur, and
Fatehpur, Tehsil-Tauru, Dist- Mehwat,
Haryana- 122 105, India.
Special Attention: 1. RUCHIT AGARWAL, Director
2. GAJENDRA KUMAR JANGID, Director
Subiect: Legal Notice for Non - Payment of Outstanding dues.
Ref: i. Criminal Breach of Trust u/s 405 The Indian Penal Code, 1860.
ii. Cheating u/s 415 of The Indian Penal Code, 1860.
iii. Violation of Section 37 of The Indian Contract Act, 1872.
iv. Fraud u/s 17 of The Indian Contract Act, 1872.
Sir/Madam,
Under the instructions and authority from our client PHLP Solutions PVT Ltd., a Company
registered under the Companies act 1956 I 2013 having its Registered office at 6, Commerce
House, 140 Nagindas Master Road, Fort, Mumbai - 400 001 through its authorized
representative Mr. Ruchit Agarwal(Director), do hereby serve you with this Legal Notice for
immediate compliance.
3 rd floor, Viram House, Bldg No. 59, Janmabhoomi Marg, Kalaghoda, Fort, Mumbai-400 001.
Mobile No.: 9833366938 Email: info.wisdomlegal@gmail.com
Page 1 of 5
We write to you under the instructions of our above-mentioned client and state as under:
1. That at the outset itself our client would like to state that this notice is being served to you
only for the reasons that even after regular follow ups by our client, you have showed no
intention of repaying to our Client the pending amount, hence resulting in issuing of this
notice.
2. That our client is engaged in the business of providing services to households and industries
and the services includes renting of all kinds of personal and household goods to its clients.
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3. That you were involved in business with our client from the year 2021 -2022, whereby you
had placed multiple orders vide Purchase Orders. as mentioned against their respective
invoices in the table provided below (refer para no. 6).
4. That subsequent to the receipt of these mentioned below purchase orders, our client had
provided you the Diesel Generators Set on rent from time to time.
5. That after delivering the services to you to the best of their capacity, our client has raised
lnvoice(s) for the services rendered to your Company; and even after the acknowledgment of
the receipt of such invoices you have not cleared the dues yet. (Copy of the said invoices is
annexed herewith as "Annexure A colly").
6. That the details of Invoices and Interest Amount are herein tabled below:
Sr. Particulars Pending Amount
No. Invoice Reference No. Invoice Date Purchase Order No. Purchase Order Dt. (in Rupees)
I. PSL/S/21-22/0581 18-10-2021 2007170 23-06-2021 1,08,319
2. PSL/S/21-22/0431 07-09-2021 2006412 31-30-2021 11 ,741
3. PSL/S/21-22/ I 2 I 4 04-03-2022 2006412 31-03-2021 11 ,741
4. PSL/S/22-23/238 07-05-2022 2006412 31-03-2021 11 ,741
5. PSL/S/22-23/523 06-06-2022 2006412 31-03-2021 4,544
6. PSL/S/22-23/524 06-06-2022 2006502 12-04-2021 7,083
7. PSL/S/2 1-22/ I 036 24-0 1-2022 ADDENDUM 22-12-2021 1, 10,920
8. PSL/S/21-22/0686 11 - 11-2021 2009053 22-10-2021 54, 193
9. PSL/S/21-22/0922 06-01-2022 2009053 22-10-2021 25,960
10. PSL/S/21-22/1075 03-02-2022 2009053 22-10-202 1 25,960
11. PSL/S/2 1-22/ I 208 04-03-2022 2009053 22-1 0-202 1 24,106
12. PSL/S/ 21-22/0681 I 1-11-2021 2006204 24-04-2021 14, 160
13. PSL/S/21-22/1212 04-03-2022 2006204 24-04-202 1 14, 160
14 . PSL/S/2 1-22/ 1402 31-03-2022 2006204 24-04-2021 14,160
Total Amount Payable 4,38,788
Add : Interest @21 % p.a. 1,81,781
Total Outstanding Amount 6,20,569
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7. That as stated by our client, the payment terms was mutually defined and agreed by you,
stating that the payment would be made within 30 days after receipt of invoice.
8. Our Client states that you have accepted their professional services without any objection or
complaint and hence you bound and liable to make payment of the outstanding dues to our
client.
9. That even after ceaseless follow ups by our client through telephonic reminders and various
email reminders for the payment of the invoices, you failed to make the payment due to our
client. (The copy of few email reminders is annexed herewith as "Annexure B Colly").
10. What is astonishing for our client is that each telephonic conversation between the parties for
release of outstanding payment has ended with the executives of your company making
empty promises of releasing the payment within a few days but to no vain. That your
negligent behaviour of this type raises questions on your integrity, honestly and probity.
11 . That, it is clear that you took undue advantage of our client's trust on you and their
authenticity since you neglected our client's telephonic calls and emails when asked for the
payment of the invoices due to you and such that you have already gained profits through our
client's services and avoided the payment of outstanding dues of our client.
12. That, it is clear that you took undue advantage of our client's trust on you and their
authenticity since you neglected our client's telephonic calls and emails when asked for the
payment of the invoices due to you and such that you have already gained profits through our
client's services and avoided the payment of outstanding dues of our client.
13. That, you have cheated, deceived and betrayed our client with your mala fide and
mischievous intention as they trusted you firmly and provided you services on credit basis
being unaware of your malafide and unlawful intentions and further breached their trust by
avoiding paying their outstanding dues. Hence, you are held liable for your mala fide and
mischievous act under Section 415 of The Indian Penal Code, 1860 for Cheating our Client
and also for Criminal Breach of Trust under Section 405 of The Indian Penal Code, 1860
for deceiving our Client with your fake promises.
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14. That it appears that you have fraudulently convinced our client to enter into the Contract for
purpose of business with you for the Structural Analysis & Designs for which you have
promised to pay the outstanding dues to our client immediately on receipt and acceptance of
work and after the completion of the said business by our client you avoided our client's
emails and telephonic reminders since last 11 months, making you liable under Section 17 of
the Indian Contract Act, 1872 for 'Fraud' . As you have violated Section 37 of the Indian
Contract Act, 1872with regard to your obligation towards the payment of the Invoices for
which you have failed to make the payment due to our client and therefore, our Client is
entitled to receive compensation under section 73 of the Indian Contract Act,1872 for
monetary loss caused by your default in payment. Under the aforesaid circumstances, as you
have already delayed in making the payment of the outstanding amount due to our client and
to which our client is constraint to charge interest on the principal amount @ 18% p.a.
arising and accruing till the date of actual payment.
15. Accordingly, you are called upon by this notice to pay to our client the outstanding principal
amount of □ 4,38,788/- (Rupees Four Lakhs and Thirty-Eight Lakh Seven Hundred
Eighty-Eight Only) along with interest @21 % p.a. amounting to □ 1,81,781/- (Rupees
One Lakh Thousand Eighty-One Thousand Seven Hundred Eighty-One Only) the total
amounting to Rs. 6,20,569/- (Rupees Six Lakhs Twenty Thousand Five Hundred Sixty-
Nine Only) within a period of 15 (fifteen) days from the date of receipt of this Legal Notice,
failing which our Client will be constrained to take further necessary legal actions against
you in the Court of Competent Jurisdiction for the offences punishable under The Indian
Penal Code, 1860; Indian Contract Act, 1872 and/or MSMED Act, 2006 in accordance with
law at your entire risk as to the costs and consequences thereof, of which you may please
note.
16. Also, under the said circumstances, our client demands that you rectify the breach and fulfil
your obligations, as our client believes that good sense will prevail upon you to settle this
matter amicably without any further delay.
17. That since your conduct has necessitated the issue of this notice, you are hereby also charged
with its cost i.e. □ 8,000/- regardless of your response.
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This notice is without prejudice to our client's rights and contentions in any proceedings which
may be initiated/ filed before any court of law with regards to the dues. Kindly take notice.
For WISDOM LEGAL
Adv. Bhavin Waghela
Partner
Encl: Annexure A colly- Copy of the Invoices
Annexure B Colly- Copy of few E-mail Reminders
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