NOTICE

To,
Deserve Emerald Realty Pvt. Ltd.
Through its authorized signatory
Mr. Nabil M. Chunawala
Having their office at 25/A, Nawab Building,
2nd floor, 327, DN. Road,
Opp. Thomas Cook, Fort,
Mumbai 400001

The said legal notice hereinafter contents therein are

sent to you on oral instructions, written and digital

information received by my client Mr. Dnyaneshwar Shivaji

Shelke, R/at: behind I.T.I. Dnyaneshwar Nagar, Beed,

Maharahstra 431122 and in line with the information provided

by my client and on behalf of my client address you as under.

addressed as ‘my client’ and Deserve Emerald Realty Pvt

Ltd. is addressed as “You”.

1. That you are the promoter and developer of the land

bearing Final plot no. 69 CTS No. 48/4/A, situated at

Sangamwadi, T.P. Scheme, Shivajinagar, Pune 411

005 and have constructed a composite building

comprising of one building and having stilt floor and

upper floor.

2. That the said project named as Emerald Towers has

been registered under the provisions of the Act with

the Real Estate Regulatory Authority at Pune no.

P52100004910.

3. That my client has purchased a flat bearing no. 103

on the first floor of the D building of “Emerald Tower”

project having carpet area of 765 sq ft i.e 71.07 sq

mtr including balcony area and having a covered car

parking P4 (hereinafter referred to as the “SAID

APARTMENT”) which is constructed on the land

mentioned above.
4. That my client and you have executed an

AGREEMENT TO SALE for the said apartment which

is registered at the office of the Sub Registrar at

Haveli No.01, Pune bearing serial no. 2545/2020.

5. That the total consideration value of the said

apartment was amicably decided between you and my

client of Rs. 60,00,000/- (Rupees Sixty Lakhs Only)

out of which Rs. 25,00,000/- (Rupees Twenty Five

Lakhs Only) was paid by my client to you, at the time

of execution of the agreement to sale.

6. That my client is willing to pay the remaining sum of

Rs. 35,00,000/- (Rupees Thirty Five Lakhs Only).

7. That as per clause no. 6 of the agreement, it was

decided that the possession of the said apartment

shall be handed over to my client within 8 months

from the date of registration of the agreement i.e the

possession of the said apartment should have been

handed over to my client on or before the 18/11/2020

(Eighteenth day of November Two Thousand Twenty).

(859 days) have passed from expiry of 8 months from

the date of registration of the agreement and the

possession of the said apartment is not yet handed

over to my client.

9. That you have failed to hand over the possession of

the said apartment within the prescribed period of

time. That this negligence and unethical behavior in

terms of business on your part has caused irreparable

loss to my client.

10. That my client has incurred a loss of Rs. 25,000/-

(Rupees Twenty Thousand Only) per month as license

fees of every month from the said apartment which

would have been a monetary gain to my client if the

possession would have been handed over on the

prescribed time to my client.

11. That thereafter inspite of many telephonic

reminders, messages but you clogged my client and

you have failed to handover the possession of the said

immense loss to my client.

12. That you have committed a breach of contract to

my client and hence are liable to pay compensation to

my client for the loss which has been incurred by my

client. Furthermore, it is your duty to hand over the

possession of the said flat at the earliest from the

receipt of this notice failing to which my client shall

be entitled to seek relief from the appropriate

authorities.

13. That by this legal notice my client calls upon you to

pay Rs.25,000/- (Rupees Twenty Five Thousand Only)

,as license fees of every month from 18/11/2020

(Eighteenth day of November Two Thousand Twenty)

which has been deprived from my client due to your

breach of contract , within a period of 15 (fifteen)

days from the date of receipt of this notice.

14. That you hereby called further and intimate the

final date of delivery of possession of the said

apartment to my client within 15 (fifteen) days from

receipt of the said legal notice, failing which my client

a court of law or before the Competent Authority as

applicable, as per the Civil Proceedings or/and

Criminal proceedings or /and special statutory

provisions against which you will be liable for all costs

and consequences.

15. This is without prejudice to all other legal rights

and remedies available to my client for the above-

stated purpose.

16. That the cost of this legal notice of Rs. 20000/-

(Rupees Twenty Thousand Only) is placed upon you.

Dated: 27th of March 2023

Place: Pune Mr. Dnyaneshwar S.

Shelke

Adv. Siddheswar Choudhary