Reply To Notice 138

DINESH ROHILLA & ASSOCIATES
DINESH ROHILLA ARPITA MANDAL

LL.B.,LL.M B.A.(H.),LL.B.,
ADVOCATE ADVOCATE
DELHI HIGH COURT TIS HAZARI COURTS
E.NO.D/593/96R
Office:K-134, Lawyers’s Chambers, Tis Hazari Courts,Delhi-
110054 (M)9810755352;9999567876
SPEED POST
1. M/s Axis Bank Ltd.

Reg. Office: Trishul, 3rd Floor, Opp. Summertheswar
Temple, Law Garden, Ellisbridge, Ahmedabad, Gujrat
2. Branch Office: Axis Bank Ltd.
Tower 21-14, Sector 128, Noida Express War JP Greens
Wish Tower, Noida
3. Axis Bank Ltd.
Ground Floor, RZ-G-1, Dev Kunj, Raj Nagar, Part-11,
Sector-7, Dwarka, New Delhi-77
Your notice dated 25.01.2018 issued on behalf of
your client M/s Axis Bank Ltd. has been handed over
to me by my client Sh. Sachin Singh Thakur s/o Sh.
Kuldeep Singh R/o A-5/101, Sector 17, Rohini, New
Delhi-89 with instructions to reply the same as
under;-
At the very outset, your said notice is absolutely
illegal, unwarranted and based on wrong facts. It
seems that your client has not given you the true
and correct facts on the basis of which the said
notice issued. The notice under reply contains
distorted, false, wrong and concocted facts. Hence,
before giving reply to the said notice, it is
necessary to apprise you about the real and true
facts which also be read as part and parcel to
reply on merits:-
BRIEF/TRUE FACTS:-
1. That, loan of Rs. 42,83,390/- was sanctioned on
15.10.2014 and the same was disbursed directly to the
Builder namely M/s Unnati Fortune Holdings Ltd. In
Pursuance of loan, a Tripartite agreement dated 29th
Sept. 2014 was also executed among you, the said
Builder and my client. As per the said Tripartite
agreement and particularly putting emphasize on clauses
4,6 and 12, the liability of repayment of loan solely
lies upon the said Builder and the property against
which the loan was sanctioned may be sold in the event
of default of loan.
2. That, it is necessary to point out that the aforesaid

loan was sanctioned with internal arrangement between
you and the Builder to whom the entire loan was
directly disbursed to his bank account. The reason and
understanding behind this was in the event of default
of loan, the paid amount may be recovered back by the
bank i.e. your client from the Builder and otherwise,
the flat in question may be sold in order to realize
the loan amount.
3. It is further worthwhile to mention here that, at the

time of sanctioning the loan, if the project is not
completed within the prescribed and assured time then
my client will be under no obligation as to pay any
installment of loan and in that eventuality, your bank
will realize all the installments directly from the
Builder or by any other mode like selling the flat in
question and in delaying the project only builder will
pay the installments to your bank.
4. That, it is pertinent to mention here that all the

aforesaid arrangement and mutual understanding were in
the knowledge of your client from the very initial day.
It was also in the knowledge of bank that project will
be delayed and even though the loan was sanctioned and
same was also disbursed directly to the account of the
bank. But my client was not aware of the said facts and
which were ascertained when project was considerably
delayed. It is quite clear that the Bank had sanctioned
the loan without any verification in connivance with
builder in order to cheat the buyers and my client felt
cheated at hands of both you and the builder. It was
assured & promised by the aforesaid builder from the
very beginning that in the event of non completion of
project in time, he will be only & solely liable for
the default of loan amount and he will also be liable
to close the loan account after making the entire due
installments or payment etc. It was further assured and
promised by aforesaid builder to my client that he will
buy back the flat under sale if the project is not
completed in agreed time and my client will have no
concern over the loan due towards the bank i.e. you as
only builder will pay all the due loan or arrears if
any either by his own arrangements or by selling the
mortgaged flat as my client is not at any fault. Even,
from the very initial stage, the builder also assured
and promised my client that he will make the
arrangements of paying the installments to bank either
directly or through the account of my client till the
project is completed within time. Hence, no liability
can be fastened upon my client as to pay due
installments as the builder could not complete the
project in time and made a breach of contract. My
client learnt that since, your client was aware of the
aforesaid facts from the very beginning, you made one
time settlement with the aforesaid builder against the
loan in question and in pursuance of which builder also
issued cheques. Consequent upon, it is clear that
builder acknowledged his debt of loan amount and which
was also duly accepted by your client. Hence, no
question arises of having any liability towards the
loan as alleged in the present notice. But in this
regard, it is quite shocking that your bank issued the
present notice which is absolute illegal and has no
value in the eyes of law and also concealed the
material facts with malafide intention as to harass my
client.
5. That, the present cheque was given in security and it

was never issued on the alleged date and the same was
signed in blank before sanctioning the loan and further
it was not issued against any legal debt or liability
as alleged in the present notice. But your client had
with malafide intention misused the cheque by filling
the particulars without the consent of my client in
order to have false claim against my client and also
with an intention to cause wrongful loss to my client.
My client also gave instruction to his bank to stop
payment against the cheque in question in the year 2016
and hence, it is quite um-imaginable that how a cheuqe
can be issued on 5.12.2017 as alleged in the legal
notice. My client also reserves his right to produce
entire facts if unnecessary litigation is imposed upon
my client that is without his fault.
Note: The aforesaid brief facts may kindly be read as
part and parcel in reply to the legal notice
I request you the addressee to withdraw the preset

notice and close my loan account and if unnecessary
litigation is imposed upon my client I have clear
instructions to file an appropriate complaint and for
seeking adequate compensation towards mental agony,
pain, harassment, inconvenience etc. as per provision
of Consumer Protection Act entirely at your costs &
risks arising thereof and also to initiate civil as
well as criminal proceedings on account of your
unlawful conduct and acts.
Dinesh Rohilla
&
Arpita Mandal
(Advocates)

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DINESH ROHILLA & ASSOCIATES

DINESH ROHILLA ARPITA MANDAL

1. M/s Axis Bank Ltd.

2. That, it is necessary to point out that the aforesaid

3. It is further worthwhile to mention here that, at the

4. That, it is pertinent to mention here that all the

5. That, the present cheque was given in security and it

I request you the addressee to withdraw the preset

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