REGD. POST/WHATSAPP

To,                                                                        Dated: 17.10.2023

1. Mr. XXXXXXX

S/o Sh. _____________

R/o -_________________,

Mob. No.__________

2. MR. YYYYYYYYY

Staff / Driver of Addressee No.1

Mob. No…………….

CC To:

          Bank of ……………..

LEGAL NOTICE

Sir,

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

1.                  That on 26.09.2023 you the addressee approached my client through property dealer namely ..………. for sale his property, my client expressed his interest in purchasing the Property bearing­­­­­­­­­­­­­­­­­­­ no._______________________________. in the multi storiyed building constructed on the plotof land earmarked for XXXX Housing measuring 30-35 acres in the Residential Colony, XXXX Village Road, Village, Faridabad (Haryana), and both entered into a mutual agreement / contract for the sale of the said Property for the total consideration of INR 80 Lacs. In furtherance of this contract, my client transferred a token amount/Bayana of INR 1.51 Lacs to your account via Online Payments on 26.09.2023 and 27.09.2023, as evidence of my commitment to the transaction.

2.                 My client also pursued a bank loan for the purchase of the said Property, and bank officials duly inspected the said Property, verifying its suitability for the loan. The inspection of the said property by the bank officials was done through you the addressee no.2 who is staff/driver of you the addressee no.1 and provide the chain of the document of the said property to my client as well as bank officials.

3.                 That since the time of execution of token / bayana that you have kept a stoic silence in the matter despite my client repeatedly requesting you to move in the matter.

4.                Regrettably, despite these commitments and the advancement of the transaction, you have failed to come forward to perform your obligation of further process of sale deed, registration etc. of the said property. It has come to know my client that you sold the said Property to a third party at a higher price.

5.                 It seems that your intention are not clean and bonafide and you have fraudulently entered into the said agreement with my client to cheat him and having induced my client in this regard took the amount of Rs.1.51 Lakh from him and thereby deceived him of the amount.

6.                That my client was always ready and willing and is still ready and willing to complete his part of obligations of the aforesaid deal subject to you performing your part of the agreement. My client always had the money ready with him to pay to you the addressee balance amount to complete the deal and repeatedly approached and offered to pay the balance sale consideration amount and execute the documents of the property in favor of my client, but you the addressee did not pay attention towards execution of the sale deed in respect of aforesaid property.

7.                 It is crucial for you to understand that such a unilateral breach of the agreement has serious legal consequences. As per the prevailing legal norms, obligates you to either perform you part of obligations and sell proceed the said Property in favour of my client for the agreed consideration m ,p-,n of INR 80 Lacs. In the event of non-performance, pay double the amount of the Bayana, totaling INR 3 Lacs, as a penalty for breach of contract.

8.                That from your conduct, it is very clear that your sole intention in executing the deal / Agreement was to cheat my client to fraudulently induce him to pay you Rs. 1,51,000/- and usurp this amount and thereby caused wrongful gain to yourselves and wrongful loss to my client. You took no steps to proceed further in the deal. You the addressees 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.

I therefore, by virtue of this notice call upon you the addressee either to pay to Rs.1,51,000/- to my client or execute the sale deed in respect of subject property and documents within 15 days from the receipt of this notice failing which my client shall be constrained to initiate appropriate civil as well as criminal proceedings against you the addressees which may include filing a civil suit to seek specific performance of the agreement and criminal charges for breach of contract or as may be advised which shall be solely at your risk, cost and expense of which you please take note.

This notice is issued without prejudice to rights and remedies of my client, and all costs and consequences resulting from your non-compliance will be solely your responsibility.

XXXXXXXX

Advocate