To, Dt.:
19.11.2024
M/s. XXXXXXXXXX Pvt. Ltd.
XXXXXX Premise Co-op. Society Ltd,
Office at ______________________,
Mumbai – 4000__.
Sub: Legal Notice for Settlement and Closure of Loan Account.
Dear Sir/Madam,
Under
instructions and authority from my client, M/s N Enterprises, having its
registered office at xxxxxxxxxx Estate, Varanasi, Uttar Pradesh, I hereby serve
upon you the following legal notice for the amicable resolution of issues
concerning the settlement and closure of my client’s loan account:
1.
That on 31.01.2023, you the
Addressee, sanctioned an Invoice Discounting Facility of INR 40,00,000/-
(Rupees Forty Lakhs Only) to my client, under Application No.xxxxxx, for a
tenure of 12 months.
2.
My client duly availed of the
said facility in good faith and complied with the repayment obligations in
accordance with the agreed terms and condition as stipulated in said facility.
3.
As of April, 2024, after
consistent repayments, my client had reduced the total outstanding amount to
approximately INR 2,00,000/- (Rupees Two Lakhs Only).
4.
In the month of April 2024, an
oral settlement was reached between my client and Mr. J, Territory Development
Manager (TDM) of you the Addressee regarding the total outstanding.
5.
Under the said agreement, the
outstanding dues were agreed to be settled for INR 26,000/- (Rupees Twenty-Six
Thousand Only), and my client committed to remitting this amount in May, 2024
to close the loan account.
6.
Unfortunately, in May, 2024,
my client was falsely implicated in a criminal case and subjected to wrongful
incarceration, rendering him incapable of fulfilling the agreed settlement
terms within the stipulated time. This unforeseen and uncontrollable situation
prevented my client from honoring the settlement agreement during that agreed period
of time.
7.
After being released on bail,
my client promptly approached to you the Addressee and your representatives to
honor the earlier oral settlement and expressed a readiness to remit the agreed
sum of INR 26,000/-. However, my client shock and dismay, that you the
Addressee refused to honor the prior agreement and instead imposed exorbitant
interest, penalties, and other charges, inflating the outstanding amount to an
unreasonable extent.
8.
Despite repeated requests, you
the Addressee has failed to provide my client with a clear and detailed statement
of accounts reflecting the breakdown of dues, including principal, interest,
and charges.
9.
My client remains committed to
amicably resolving this matter and seeks to settle the account on terms similar
to the earlier oral agreement or any other fair and reasonable terms proposed
by you the Addressee, considering the genuine and unforeseen circumstances that
caused the delay.
10.
My client values the
professional relationship with you the Addressee and seeks to resolve this
matter amicably without resorting to unnecessary disputes. Therefore, we
request to honor the earlier settlement amount of INR 26,000/-, as agreed.
Alternatively, provide a detailed statement of accounts, specifying the current
outstanding amount with a clear breakup of principal, interest, penalties, and
charges, to enable further discussions.
You the
Addressee are required to respond to this legal, if you the Addressee fail to
amicably resolve this matter within 15 days from the date of receipt of this
notice, my client will be constrained to challenge the imposition of
unjustifiable charges and exorbitant interest before the appropriate legal
forum or court of law. Seek appropriate legal remedies to settle the dispute,
including but not limited to filing complaints before consumer forums, courts,
or regulatory bodies, holding you the Addressee liable for unfair trade
practices and harassment.
In addition, my client will
claim damages for mental agony, financial hardship, and loss of business
reputation caused by your unreasonable conduct.
This legal notice is being
issued as a final opportunity to resolve the matter amicably and restore mutual
trust. My client urges you the Addressee to consider the genuine circumstances
of the delay and cooperate in reaching a fair and just resolution.
Please treat this notice with
utmost urgency and importance to avoid unnecessary legal disputes.
This notice is issued without
prejudice to my client’s rights and remedies under applicable law.
Yours sincerely,
(xxxxxxxxxxx)
Advocate