VARINDER SINGH DHIMAN Chamber No.

522, Lawyers Chamber Block,

RISHABH GUPTA Patiala House Courts, New Delhi-110001
Advocates & Solicitors [email protected]
+91-9811757679

Speed Post/ Courier

LEGAL CUM DEMAND NOTICE

To, Date: 22/11/2016

1. Shri Ranjay Kumar,

S/o Shri Upendra Narayan Singh
R/o 1141, Second Floor,
Dr. Mukherjee Nagar, Delhi -110009

2. Smt. Manisha Singh,

W/o Shri Ranjay Kumar
R/o 1141, Second Floor,
Dr. Mukherjee Nagar, Delhi -110009

Both (1) & (2) presently residing at:

A-603, Signature View Apartments,
D.D.A. Flats, Dr. Mukherjee Nagar,
New Delhi - 1110009

3. Jagjeet Singh @ Vicky

S/o D. B. Singh
Proprietor M/s Vicky Properties
R/o 1203, Dr. Mukherjee Nagar,
New Delhi – 110009

Having its office address at:

Shop No. 4, Commercial Complex,
Main Road, Dr. Mukherjee Nagar,
New Delhi - 110009

Under the instructions of my client, Mrs. Kusum

Lata Ginotra, W/o Shri Des Raj Ginotra, R/o A-11/G-1,

Block-A, Dilshad Garden, Delhi - 110095 (hereinafter

 Continuation Sheet No.

referred to as ‘my client’), I the undersigned do

hereby serve upon you with the present notice to the

following effect:

1. That my client is a law abiding, religious minded

as well as peace-loving senior citizen of India

and has an unblemished social life of past 64

years by virtue of which carries a respectable

image in the society and also my client is

presently residing at the abovementioned address

alongwith her husband on her own.

2. That you the adressee no. 1 and adressee no. 2

are alleged to be the absolute and rightful owner

of Entire Ground Floor Without Roof/ Terrace

Rights of Built-up Freehold Property Bearing No.

1266, Area Measuring 133 Sq. Mtrs. situated at

Dr. Mukherjee Nagar, in the layout plan of

Redevelopment Scheme of Kingsway Camp, Delhi -

110009 (hereinafter referred to as the “subject

property”).
 Continuation Sheet No.

3. That you the addressee no. 3 is working as a real

estate agent under the name and style of “Vicky

Properties” at the Shop No. 4, Commercial

Complex, Main Road, Dr. Mukherjee Nagar, Delhi –

110009, involved in various real estate services.

4. That you the addressees in connivance with each

other approached my client somewhere in the month

of October, 2016 and offered for sale of the

subject property for an agreed consideration

amount of INR 1,31,50,000.00 (Rupees One Crore

Thirty One Lac Fifty Thousand Only). That you the

addressees after making representations to my

client that the subject property is free from all

encumbrances like sale, mortgage, lien, court

order etc. dishonestly induced my client to enter

into an “Agreement to Sell and Purchase” dated

17.10.2016 against an earnest amount of INR

30,00,000.00 (Rupees Thirty Lac Only), which my

client duly paid.

 Continuation Sheet No.

5. That my client, time and again before executing

the “Agreement to Sell and Purchase”, has

requested you the addressees to make available

the original title documents for the deduction of

title but you the addressees exploiting the

innocence and infirmity of my client, abstained

from showing the original title documents of the

subject property for inspection on one pretext

and another by giving false, indistinct and

frivolous promises and assurances while stating

that the said documents are in the bank locker

and also assured my client that the said

documents will be made available soon after

execution of this agreement.

6. That my client soon after the execution of

“Agreement to Sell and Purchase” again approached

you the addressees to show the original title

documents of the subject property for

verification but you the addressees blatantly

revealed to the utter shock and bemusement of my

 Continuation Sheet No.

client, that the original title documents are

submitted with Standard Charted Bank to create an

equitable mortgage against a Home Loan. That my

client appalled at the conduct of you the

addressees got distressed and felt decieved at

the hands of you the addressees.

7. That you the addressees have deceived my client

by fraudulently and dishonestly inducing my

client to deliver INR 30,00,000.00 (Rupees Thirty

Lac Only) in the form of earnest money to you the

addressees while making false representations

that the subject property is free from all

encumberances.

8. That under the traditional system prevailing in

the market, the seller must “deduce his title”,

i.e. he must furnish to the buyer – at its own

expense – documentary evidences as to his good

title to the property but you the addressees not

only failed to do so but also suppressed the

 Continuation Sheet No.

material facts about the original title documents

being submitted with Standard Charted Bank to

create an equitable mortgage against a Home Loan

and also a charge/ lien is created in the form of

an encumbrance in the books of the Registrar.

That you the addressees have also failed in

producing any Non-Encumberance Certificate from

the office of Sub-Divisional Magistrate to show

that the subject property is free from all

encumberances. That it is most pertinent to

mention here that if the subject property is

already mortgaged, the liability for the

outstanding loan may also devolve on the new

owner i.e. my client herein.

9. That after sensing your ill intentions as well as

the nefarious designs and tactics to usurp

unlawfully the earnest money deposited with you

the addressees, my client through numerous

telephone calls requested you to return the

earnest money and rescind the “Agreement to Sell

 Continuation Sheet No.

and Purchase”; however, all such demands have

proved futile and all such efforts went in vain.

10. That you shall take notice that my client is

rescinding the “Agreement to Sell and Purchase”

with immediate effect and you are advised to

restore the status quo ante. You are further

advised that my client shall hold you responsible

for all actual and consequential losses or

damages arising from your above stated deceitful

conduct.

11. That without prejudice to other legal remedies

available to my client, you the addressees are

hereby called upon to refund the afore-mentioned

sum of INR 30,00,000.00 (Rupees Thirty Lac Only)

to my client within a period of 3(Three) days of

receipt of this demand notice, should you fail to

accede to the humble requests of my client as

have been enumerated, my client shall be

constrained to initiate appropriate legal action

 Continuation Sheet No.

before the appropriate Courts of law and other

forums having the jurisdiction under the

provisions prevailing under the law against you

the addressee at your risk and peril.

12. That the foregoing is not intended nor shall it

be construed as a complete recitation of the

facts and events concerning the above-referenced

matter, nor it be construed as a waiver of any

rights, remedies or claims, legal or equitable,

which my client may have.

13. Please note that this notice is being issued at

your costs and consequences, which you may please

note with care and caution.

14. A copy of this notice has been retained in our

office for record and further reference.

(VARINDER SINGH DHIMAN)

ADVOCATE