REGD. POST/WHATSAPP/E-MAIL

To,                                                                        Dated: xxxx

1. Xxxx

Mob. No.xxx

Email: xxx

2. Xxxx

Mob. No.xxx

3. Xxxx

Xxxx

Mob. No.xxx

LEGAL NOTICE

Sirs,

Under the instructions from and on behalf of my client xxxx S/o Sh. ………….. R/o ………………………, I have to serve upon you the legal notice to the following effect:-

1.                  That you the addressee no.1 and 2 and my client have business relation with each other since 2021 in the field of construction and you the addressee no.1 and 2 are the construction contractors, taking out the contracts of constructions and thereafter appointed my client as a sub-contractor for completion the construction work.

2.                 That you the addressee no.3 given the contract to you the addressee no.1 and 2 are for construction of xxx shop. Thereafter, you the addressee no.1 and 2 in ………… approached my client and appointed as sub-contractor for completion of construction work of PoP, Ceiling and Partition etc. of you the addressee no.3 shop (hereinafter called as the “said work”).

3.                 That you the addressee no.1 and 2 gave numerous positive assurances and representations to my Client that the payment will be timely released after the completing the said work and had further assured my Client that in case there is a delay in payment of the due amount then you, the Addressee no.1 and 2, will be under an obligation to pay an interest of 18% p.a. on the outstanding amount. In light of the said mutually accepted terms and conditions, my client started said work for construction of the said shop and spending his hard earned money and within the time frame period my client completed the said work i.e. POP, Ceiling and Partition which total cost of Rs.2,04,100/-.

4.                My client requesting the payment of the due amount you the addressee no.1 paid only Rs.1,05,000/- to my client and remained the balance of Rs.99,100/- which is outstanding upon you the addressee no.1 and 2 and such cost of work and payments were duly accepted and acknowledged by you, the Addressees no.1 and 2 which is evident from WhatsApp conversation / chat as well as audio recordings.

5.                 It has come to know my client that you the addressee no.1 and 2 have taken the entire amount from you the addressee no.3, but till date you have not cared to clear the said outstanding amount by repeated requests and calls of my client to you the addressee no.1 and 2.

6.                That my Client subsequent to the said work contacted you, the Addressee no.1 and 2, numerous times requesting you, the Addressee no.1 and 2, to pay the due amount to my Client, however, you, the Addressee no.1 and 2, by one way or the other kept putting the matter on one pretext or the other for the purpose of delaying the payment of the due amount to my Client. It is pertinent to mention that it was to the utter shock of my Client that regardless of the fact that my Client had done the said work of utmost quality to you, the Addressee no.3, against which you, the Addressee no.1 and 2, had assured my Client that the due payment shall be paid/remitted by you, the Addressee no.1 and 2, to my Client in accordance with the terms and conditions mutually decided between the parties, despite the same; you, the Addressee no.1 and 2, by one way or the other were trying to delay/avoid the payment of the due amount to my Client.

7.                 It seems that your intention are not clean and bonafide and you have fraudulently entered into the said contract with my client to cheat him and having induced my client in this regard and thereby deceived him.

8.                That from your conduct, it is very clear that your sole intention to cheat my client to fraudulently induce him and usurp his amount and thereby caused wrongful gain to themselves and wrongful loss to my client. You took no steps to proceed further in the deal. You the addressee no.1 and 2 are also liable to criminal action for cheating my client for which my client will proceed against you both in accordance with law as advised.

9.                That despite numerous requests being made by my Client; you, the Addressee no.1 and 2, having mischievous and malaise intent from the start, have repudiated the requests of my Client seeking the payment of the Due Amount.

10.            That till date, my Client has made numerous attempts to contact you, the Addressee no.1 and 2, in every possible manner with the purview of amicably settling the matter. That you, the Addressee no.1 and 2, have duly admitted your default in paying the due amount and had made false assurances that the due amount will be released soon, however such assurances were never fulfilled and the said due amount was never released/pay to my Client. That your malafide conduct displays that you, the Addressee no.1 and 2, from the start, never had the intention of payment of the Due Amount to my Client.

11.              That my Client has given you, the Addressee no.1 and 2, more than adequate time to liquidate the outstanding dues and interpret your silence as a deliberate attempt to procrastinate the matter. That my Client is not prepared to bear with the situation anymore and have instructed us to initiate appropriate proceedings against you, the Addressee no.1 and 2, to the effect of recovery of the said Due Amount along with interest in addition to filing of criminal case(s) against the unlawful acts being committed by you, the Addressee no.1 and 2.

Therefore, as per the information provided by my Client, an amount of Rs. 99,100/- (INR Ninety Nine Thousand and One Hundred Only) is due and payable by you, the Addressee no.1 and 2, to my client along with the interest payable @18 p.a. on the due amount; and your failure to pay the said Due Amount entitles my Client to claim an additional interest in addition to any legal costs that may arise as a result of settling my Client’s grievances in the court of law due to your default to make the payment on time.

Therefore, we call upon you, the Addressee no.1 and 2, to remedy the default and:

a.     To clear balance outstanding amount of Rs. 99,100/- (INR Ninety Nine Thousand and One Hundred Only)  along with interest payable till the date of payment; and

b.    To pay INR 20,000/- (Indian Rupees Twenty Thousand only) as damages on account of, mental harassment.

c.     To pay Rs. 11,000/- qua the cost of this Legal Notice.

OR

d.    To prepare to face legal action both civil and criminal in the court of law for the aforementioned recovery of Due Amount and also damages on account of the mental harassment caused to my Client.

We await your prompt response to this legal notice within 15 (Fifteen) calendar days from the date of the delivery of the current legal notice.

A copy of the same is being retained in my Office for future reference/action.         

Yours faithfully

Xxx

Advocate

REGD. POST/WHATSAPP

To,                                                                       Dated: xxxx

Mr. Xxxx

Mob. No.xxx

LEGAL NOTICE

Sir,

Under the instructions from and on behalf of my client XxxxS/o Sh. ………….. R/o ………………………, I have to serve upon you the legal notice to the following effect:-

1.                  That you the addressee and my client have business relation with each other since 2021 in the field of construction and you the addressee is the construction contractor, taking out the contracts of constructions and thereafter appointed my client as a sub-contractor for completion the construction work.

2.                 That you the addressee in ………… approached my client and appointed as sub-contractor for completion of construction work i.e. Framework and Ceiling as well as Labour Supply etc. (hereinafter called as the “said work”) at Xxxx

3.                 That you the addressee gave numerous positive assurances and representations to my Client that the payment will be timely released after the completing the said work and had further assured my Client that in case there is a delay in payment of the due amount then you, the Addressee, will be under an obligation to pay an interest of 18% p.a. on the outstanding amount. In light of the said mutually accepted terms and conditions, my client started said work for construction in the said Tower and spending his hard earned money and within the time frame period my client completed the said work i.e. Framework and Ceiling work as well as supply the labours which total cost of Rs.1,66,213/-.

4.                My client requesting the payment of the due amount you the addressee paid only Rs.37,900/- to my client and remained the balance of Rs.1,28,313/- which is outstanding upon you the addressee and such cost of work and payments were duly accepted and acknowledged by you, the Addresseewhich is evident from WhatsApp conversation / chat as well as audio recordings.

5.                 It has come to know my client that you the addressee have taken the entire amount of the said work from party/owner, but till date you have not cared to clear the said outstanding amount by repeated requests and calls of my client to you the addressee.

6.                That my Client subsequent to the said work contacted you, the Addressee, numerous times requesting you, the Addressee, to pay the due amount to my Client, however, you, the Addressee, by one way or the other kept putting the matter on one pretext or the other for the purpose of delaying the payment of the due amount to my Client. It is pertinent to mention that it was to the utter shock of my Client that regardless of the fact that my Client had done the said work of utmost quality to the party, against which you, the Addressee, had assured my Client that the due payment shall be paid/remitted by you, the Addressee, to my Client in accordance with the terms and conditions mutually decided between the parties, despite the same; you, the Addressee, by one way or the other were trying to delay/avoid the payment of the due amount to my Client.

7.                 It seems that your intention are not clean and bonafide and you have fraudulently entered into the said contract with my client to cheat him and having induced my client in this regard and thereby deceived him.

8.                That from your conduct, it is very clear that your sole intention to cheat my client to fraudulently induce him and usurp his amount and thereby caused wrongful gain to himself and wrongful loss to my client. You took no steps to proceed further in the deal. You the addressee are also liable to criminal action for cheating my client for which my client will proceed against you both in accordance with law as advised.

9.                That despite numerous requests being made by my Client; you, the Addressee, having mischievous and malaise intent from the start, have repudiated the requests of my Client seeking the payment of the Due Amount.

10.            That till date, my Client has made numerous attempts to contact you, the Addressee, in every possible manner with the purview of amicably settling the matter. That you, the Addressee, have duly admitted your default in paying the due amount and had made false assurances that the due amount will be released soon, however such assurances were never fulfilled and the said due amount was never released/pay to my Client. That your malafide conduct displays that you, the Addressee, from the start, never had the intention of payment of the Due Amount to my Client.

11.              That my Client has given you, the Addressee, more than adequate time to liquidate the outstanding dues and interpret your silence as a deliberate attempt to procrastinate the matter. That my Client is not prepared to bear with the situation anymore and have instructed us to initiate appropriate proceedings against you, the Addressee, to the effect of recovery of the said Due Amount along with interest in addition to filing of criminal case(s) against the unlawful acts being committed by you, the Addressee.

Therefore, as per the information provided by my Client, an amount of Rs. 1,28,313/- (INR One Lakh Twenty Eight Thousand Three Hundred and Thirteen Only) is due and payable by you, the Addressee, to my client along with the interest payable @18 p.a. on the due amount; and your failure to pay the said Due Amount entitles my Client to claim an additional interest in addition to any legal costs that may arise as a result of settling my Client’s grievances in the court of law due to your default to make the payment on time.

Therefore, we call upon you, the Addressee, to remedy the default and:

e.     To clear balance outstanding amount of Rs. 1,28,313/- (INR One Lakh Twenty Eight Thousand Three Hundred and Thirteen Only) along with interest payable till the date of payment; and

f.       To pay INR 20,000/- (Indian Rupees Twenty Thousand only) as damages on account of, mental harassment.

g.     To pay Rs. 11,000/- qua the cost of this Legal Notice.

OR

h.    To prepare to face legal action both civil and criminal in the court of law for the aforementioned recovery of Due Amount and also damages on account of the mental harassment caused to my Client.

We await your prompt response to this legal notice within 15 (Fifteen) calendar days from the date of the delivery of the current legal notice.

A copy of the same is being retained in my Office for future reference/action.         

Yours faithfully

xxxx

Advocate