LEGAL NOTICE
TO
THE MANAGING DIRECTOR
M/S REVITAL REALITY PRIVATE LIMITED,
AT: OFFICE NO.1114, 11TH FLOOR,
HEMKUNT CHAMBER, NEHRU PLACE,
NEW DELHI-110019
AND
HEAD OFFICE AT : E-SQUARE, PLOT NO. C2, SECTOR -96, NOIDA, GAUTAM BUDH
NAGAR, UTTAR PRADESH-201303
LEGAL NOTICE
I Advocate Chaitanya sharma Under instructions and authority from clients
that is my mother and elder brother. Smt. Anita Sharma W/o Sh. Brij
Bhushan Sharma and Mr. Sitanshu Sharma S/o Sh. Brij Bhushan Sharma
both R/o House no. 179-A/1, Hari Nagar, Ashram, New Delhi I serve upon
you with the following legal notice :
1. That my clients are the law abiding and peace loving citizen and having
deep roots and great respect in the society.
2. That in 2016 your company Revital Reality Private Limited Pvt Ltd,
Registered office at 1114 , 11th Floor, Hemkunt Chamber, 89, Nehru Place,
New Delhi-110019 had come up with an offer to sell Commercial Unit under
the name and style "Supertech Mart" situated at Sector-79, 79B, Gurgaon,
Haryana-122101 with assurance to complete the construction of the project
and give possession by April, 2019 as per the agreement. The project being
developed pursuant to the licenses no/year: 9 (i) 163 of 2014 dated
12.09.2014 (ii) 164 of 2014 dated 12.09.2014 respectively granted by
Director General Town & Country Planning, Haryana, Chandigarh for
construction and development.
3. That by believing your offer as genuine and trusting on management of
the company my clients on 15/03/2016 booked a shop in your project for
commercial Unit/ Space No. (C034UGF0032/SHOP#0032) or Shop # 032 on
upper ground floor in your above stated project for a price of Rs.
38,68,120/- (Thirty Eight Lakh Sixty Eight Thousand one hundred and
twenty only) under assured return payment plan @12% that constitutes as
under:
(i) BSP- Basic Sale Price Rs. 30,72,920/-
(ii) IFMS Rs. 35,200/-
(iii) Elec Char.@20000/KVA Rs. 40,000/-
(iv) PowerBkup.@20000/KVA Rs. 20,000/-
(v) Miscellaneous Rs. 7,00,000/-
TOTAL Rs. 38,68,120/-
4. That the details of amount deposited by my clients with you are as
under:
(i) An amount of Rs. 5,00,000/-(Five Lakh) via Receipt no. 5003247
dated 23.03.2016 issued by you in which the amount deposited is shown
as Direct Deposit on 14.03.2016 via instrument no. 971998.
(ii) An amount of Rs. 14,00,000/-(Fourteen Lakh) via Receipt No.
5003266 dated 23.03.2016 issued by you in which the amount deposited is
shown as instrument No. 422777 of Canara Bank, Dated and drawn on
20.03.2016.
(iii) An amount of Rs. 10,00,000/- (Ten Lakh) via Receipt No. 5003267
dated 23.03.2016 issued by you in which the amount deposited is shown
via instrument No. 971999 of SBI, Dated and drawn on 20.03.2016.
(iv) An amount of Rs. 36,633/- (Thirty six thousand three hundred thirty
three only) via Receipt No. 5003268 dated 23.03.2016 issued by you in
which the amount deposited is shown via instrument No. 422778 of Canara
Bank, Dated and drawn on 20.03.2016.
(v) An amount of Rs. 1,39,500/- (One Lakh thirty nine thousand five
hundred only) via Receipt No. 5003319 dated 26.03.2016 issued by you in
which the amount deposited is shown via instrument No. 422776 of Canara
Bank, Dated and drawn on 22.03.2016.
(vi) An amount of Rs. 7,00,000/- (Seven Lakh only) via cash deposit on
26.03.2016 for which no formal or informal receipt has been issued by you
till date.
(vii) An amount of Rs. 1,26,201/- (One Lakh twenty six thousand two
hundred only) via Receipt No. 5001501 dated 27.08.2016 issued by you in
which the amount deposited is shown via instrument No. 422781 of Canara
Bank, Dated and drawn on 27.08.2016.
5. That till 27.08.2016 my clients had paid you a total amount of Rs.
39,02,334/- ( Thirty Nine Lakh two thousand three hundred thirty four
only).
6. That you also issued a provisional allotment letter on 17.08.2016 to my
clients. In this provisional letter of possession at page no. 11 under the
heading E. POSSESSION OF UNIT :- In para no. 26 it is clearly mentioned that
the that the possession of the commercial unit shall be given by APRIL ,
2019 or extended period as permitted by the agreement.
7. That as per the terms and conditions of Memorandum of understanding
signed made agreed an executed on 27.08.2016 you was bound to pay an
assured return of Rs. 39,670/- (Rupees Thirty Nine Thousand six hundred
Seventy Only) per month (as per assured return payment plan @12%) as
per to my clients till offer of possession of the unit/space. You have not
made offer of possession till date and you paid this assured return till the
month of June, 2019. You have breached all the terms and conditions of
contract/MOU WHEREAS my clients had already fulfilled all the conditions
on their part.
This total due amount of ASSURED RETURNS till date has become Rs.
8,33,070/-.
7. That my clients visited the above mentioned site of your project and but
to they were shocked to see that no construction or any kind of work is
going on this site.
8. That my clients have tried several times to contact you and also visited
your office many times but every time you make new excuses for the
payment of the above stated amounts to my clients. Neither you are paying
my clients money back nor carrying out any construction work on the above
mentioned site which shows that you have malafide intentions and you are
trying to grab the hard earned money of my clients. You are also harassing
my clients mentally and physically and they have no hope left from your
side after trying for so long.
9. That thus you cheated to my client and also breached their trust and
terms and conditions of the provisional allotment letter and Memorandum
of understanding as agreed between my clients and you.
10. That my client Mr. Sitanshu Sharma is MBA from Amity University and
has respect in the society. My client had recently got married on
27/05/2019 and this assured return is the only source of living. Further on
the assurances of Supertech management that the construction and
possession of the shop is going to be very soon the future plans of
livelihood of newly wedded couple were planned accordingly and the same
were conveyed to the family of bride at the time of engagement. Due to
wrongful acts of Supertech management, there seems to be serious strains
in the family life of the couple.
11. That due to non-fulfilment of the commitments by Supertech
management my client is facing harassment in the society and specially
before his in-laws and finds a uncertain future ahead. Not only this my
client is having loss of business since April, 2019 @ Rs. 2,00,000/- per
months
12. That due to your wrongful acts my clients are facing mental agony and
wasted their precious time to visit you, but you did not pay any heed to my
client and their requests and hence finding no alternate my clients sent this
legal notice to you for your illegal and wrongful acts.
I, therefore, hereby call upon you on behalf of my clients to pay:-
1. An amount of Rs 8,33,070.00 plus interest @ 18% , which is assured
return as agreed till date.
2. Rs. 24,00,000.00 plus interest @ 18% towards business losses for 24
months @ Rs. 1,00,000.00 per month, since April, 2019.
3. Rs. 25,00,000.00 towards mental / physical harassment and loss of face
etc. to my client Sh. SITANSHU SHARMA and ANITA SHARMA.
Total amount of Rs. 57,33,070.00 plus interest @ 18% with in 15 days of the
receipt of this notice failing which my client shall be constrained to:-
a. To cancel the ALLOTMENT and MOU dated 17.08.2016 and give the
money paid by them to you amounting to Rs. 39,02,334.00 plus @18%
interest till the date of payment which you used to charge for the
delayed payments by the buyers as peer agreement.
b. To file a case for your criminal prosecution as well as civil Proceeding in
the competent court of jurisdiction at your risk, cost and consequences.
You are also required to pay a sum of Rs. 21,000/- to my client
towards the cost of this legal notice expenses.
A Copy of this Legal Notice has also been kept in my office for further
reference.
ARUN GAUR & CHAITANYA SHARMA
ADVOCATES ( DELHI HIGH COURT )
OFFICE AT – 179 A/1 HARI NAGAR ASHRAM , NEW-DELHI – 110014. &
CH.NO - G 316 KARKARDOOMA COURT, DELHI – 110032.
MAIL ID -: ADV.CHAITANYASHARMA97@GMAIL.COM
