REGD. POST/ELECTRONIC MODE

To,                                                                        Dated: xxxx

Xxxx

S/o Xxxx

R/o xxxxx.

 

Also at :-

xxxxxxx.

Mob. No…………….

 

LEGAL NOTICE

 

Dear Sir,

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

 

1.                  That my client has known you the addressee since the year 2013. My client and you the addressee have worked together at the Election Commission of India, where my client was appointed as a LDC, and you the addressee were also serving as an Assistant Section Officer (ASO).

2.                 In the month of May, 2022, you approached my client with an urgent request for financial assistance, stating that you were in dire need of INR 60,000 for personal use. Based on your representations and the amicable relationship with you the addressee and my client, out of goodwill, agreed to assist you by advancing the said amount. On 27th May, 2022, my client transferred a sum of INR 60,000 to you the addressee via Google Pay. You assured my client that this amount would be returned within a period of 5-6 months.

3.                 After the expiration of the said period in December 2023, my client contacted you on multiple occasions to request the return the said amount. However, you continuously delayed the repayment, citing numerous reasons and seeking more time. Despite repeated requests and follow-ups made by my client, you failed to return said advance amount by my client. You made numerous false assurances that the amount would be returned soon, but these promises were never honored. Your conduct, including repeated delays and false assurances, indicates that you had no genuine intention to payback the amount of my client from the very beginning.

4.                My client has made multiple efforts to contact you, with the intent of amicably resolving the matter. However, all such efforts have been in vain due to your deliberate and dishonest actions. Your deliberate refusal to repay the amount owed constitutes a breach of the trust and goodwill extended to you by my client. Your actions are fraudulent and amount to unjust enrichment at the expense of my client.

5.                 It seems that your intention are not clean and bonafide and you have cheated my client in this regard and thereby deceived him. From your conduct, it is very clear that your sole intention to cheat my client and usurp his money by giving false assurances and thereby caused wrongful gain to himself and wrongful loss to my client. You the addressee are also liable to criminal action for cheating my client for which my client will proceed against you in accordance with law as advised.

6.                That my Client has given you, the Addressee, more than adequate time to liquidate the said amount 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 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. 60,000/- (INR Sixty Thousand Only) is payable by you, the Addressee, to my client along with the interest payable @18 p.a. on the amount; and your failure to pay the said loan 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:

a.     To return the advance loan amount of Rs. 60,000/- (INR Sixty Thousand Only)  along with interest @18% p.a. from May, 2022 till realization of the payment; and

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

c.     To pay Rs. 5,100/- 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 loan 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 

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