Ref: AH/2018/AIBPPL-1

……., 2018
LEGAL NOTICE
STRICTLY WITHOUT PREJUDICE

SPEED POST/COURIER

1. M/S Eldeco Infrastructure And Properties Ltd.

Corporate office:
201-212, Splendor Forum,
2nd Floor, Jasola District
New Delhi- 110025 …..Addressee

LEGAL NOTICE UNDER SECTION 14, 18 AND RELEVANT

PROVISIONS OF THE REAL ESTATE (REGULATION AND
DEVELOMENT), ACT, 2016 AND RULES MADE
THEREUNDER PERTAINING TO DELAY IN HANDING
OVER THE POSSESSION AND ILLEGAL & ARBITRARILY
DEMAND THROUGH A MAIL DATED 06/01/2017 WITH
RESPECT TO THE RESIDENTIAL FLAT UNIT NO. IN
1/1003 AT ELDECO INSPIRE PROJECT KNOWN AS
“ELDECO AAMANTRAN” PLOT NO. GH-003, SECTOR 119,
NOIDA, U.P.
Under instructions from and on behalf of my client Mrs.
Ranjeeta Kumari W/o Dr. kumar Prashant, And Dr. Kumar
Prashant, Resident of 705, Mahesh Apartment, Sector 21-C,
Faridabad, Haryana, I, the undersigned, hereby serve upon
you a legal notice of the following contents: -

1. That my clients are peace loving and law abiding

citizens of India and are residents at the aforementioned
address. My client belongs to a middle class family and
had invested his hard earned money in your project.

2. That you, the addressee, are a company registered and

incorporated under the provisions of the Companies
Act, 1956 and have been engaged, inter alia, in the
business of developing real-estate.

That my client came across an advertisement about the

project i.e. “Eldeco Aamantran” of yours, the addressee.
Having come across the said advertisement, my client,
on enquiring about your said project, came across an
agent of yours who facilitated my client to approach
your executive over phone to enquire about the project
as well as the other related information and/or facilities
and/or specifications.

3. Being persuaded and allured by you and relying on the

fact that the company has no record of delay in handing
over of the possession, which, if happens, the company
pays the interest on the deposited amount. Having
obtained all necessary permission/approvals/sanctions
for construction of the said building from all the
concerned competent authorities, and the construction
 of the building as well as of the flats is in accordance
with the approved plans, my client, only then, went
ahead with the deal. It is further noticed that you, the
addressee promised my client that the whole project
and/or township would be completed/developed within
36 months from the day of application.

4. That client being allured by the representation made by

you, the addressee, decided to book a flat and thereon
paid a booking amount/part payment of Rs. 6,65,000/-
(Rupees Six Lakhs Sixty Five Thousands only) and the
total amount deposited with you of Rs. 65,64,740/-
(Rupees Sixty Five lakhs and sixty for Thousand seven
hundred fifty only), by 19.07.2016 Against FLAT UNIT NO.
IN 1/1003 AT ELDECO INSPIRE PROJECT KNOWN AS “ELDECO
AAMANTRAN” PLOT NO. GH-003, SECTOR 119, NOIDA, U.P.
out of total consideration of basic price of Rs.
66,55,248/-/- (Rupees Sixty-Six lakhs and Fifty-Five
Thousands Two Hundred Forty-Eight Only) by you, the
addressee.

5. It is significant to mention herein that my client had

approached you over phone as well as had personal
meetings in your office regarding the progress and/or
development about the construction and delay in
handing over the possession of the flat in the said
project, but you, the addressee, have not been
 responding satisfactorily to my client and causing an
undue, unreasonable and unnecessary delay.

6. That on 6.01.2017 you, the addressee mailed My Client

a demand letter asking an illegal demand of Rs.
3,47,738 which was directed to be remitted by
27.01.2017 in case of any delay, subject to penal
interest.

7. That you illegally altered the premise even after the

layout plan without his prior consent and are charging
my client for it illegally and arbitrarily.

8. It appears that the modus operandi adopted by you, the

addressee company, is to initially allure the gullible
customers into investing money and accept booking by
receiving huge payments.

9. It is germane to mention herein that my client is

entitled to have protection under “The Real Estate
(Regulation and Development) Act, 2016 as well as
under The Uttar Pradesh Real Estate (Regulation and
Development) Rules, 2016. Having done the delay in
offer of possession and alteration in unit area without
my client’s consent and illegally demanding money for
the said flat to my client, you, the addressee, are
supposed to be handing over the possession and set off
illegal demand of rupees 3,47,738/- and refund the
 interest upon the amount deposited with you towards
the purchase of the said flat along with compensation
thereon on account of delay in starting, completing and
handing over of possession of the said flat.

10. You, the addressee, have deliberately been violating the

law of the land by your recalcitrant and arbitrary
attitude and have been harassing my client and holding
my client on ransom by not handing over the
possession along with compensation and asking illegal
demand refunding as per the RERA Rules of the
concerned government.

11. You, the addressee, proclaim yourself to be a big name

in the real estate sector, must be well aware of the
settled position of law that “there can be no contract
which could defeat the provision of any law.” and “one
cannot take advantage of his own wrong”.

12. You, the addressee, have acted in a manner with my

Client which amount to, inter alia, committing breach of
trust, cheating etc. under the relevant penal laws.

13. That by the present legal notice, I, on behalf of my

client, convey to you, the addressee company, that in
the circumstances mentioned hereinabove my client
calls upon you, the addressee company, to hand over
the possession of the flat and set off the illegal demand
of Rs. 347738, along with the compensation as provided
 under the Real Estate (Regulation & Development) Act,
2016 and rules made there under.

It is needless to mention that in case of non-compliance of

the present legal notice within a period of 10 days, my
client shall be constrained to initiate legal proceedings
against you, the addressee company under relevant
provisions of Real Estate (Regulation and Development)
Act, 2016 and rules made there under. It may further be
noted that any such legal proceedings initiated by my client
against you, the addressee company, shall be solely at the
risk as to costs and consequences of you, the addressee
company.

A copy of this legal notice has been retained in our office

for future reference and records.

Yours sincerely

(Advocate)