Officc: Chamber No. 906, Patiala House Court Delhi-l10001 Mobile-+918377018544, 9990649405
Through Speed Postwith Acknowledgment & Approved Courier
22h July, 2024
To, SUMIT JAIN PROPRITOR OF ARIHANT TEXTILE, HAVING REGISTERED AT: 2756/2, SHYAM BHAWAN, CHEERA KHANNA, CHANDANICHOWK DELHI-110007.
LEGAL NOTICE
Under the instructions from and on behalfof my client, Mr. SHOKHI LAL DAS, Slo Sh. VINOD DAS, resident of House No. D-247, J, JColony, Shahbad Dairy, Pansali, Pehlad Pur, North west Delhi, Delhi- 110042, I hereby serve you with the following legal notice: 1. That you the addressee Sumit Jain proprietor of Arihant Textile involved women's clothing, and also as in business of selling and manufacturing of an authorized Distributor/Agent at 2756/2, Cheera Khanna Chandani - Chowk Delhi 110006.
2. That the addressee is a notable manufacturer, wholesaler and supplier
occupied in the realm of presenting an inclusive gamut of Women's
as it has been declared clothing and known for renowned business in India in the public domain that addressee has a business which is dealing in
selling of women's clothing as a retailer and authorized distributor of
various other business of women's clothing across India. To avoid any confusion in respect of averments made hereunder, the addressee Sumit Jain, proprietor of Arihant Textile in the present legal notice for sake of convenience.
3. That on 12th ofOctober 2022, my client had approached you the addressee after watching videos, which was posted by you the addressee on your YouTube Channel i.e., SUMIT JAIN (LADIES SUIT AND SAREE MANUFACTURER) and got the information regarding the business of High-quality Women'sClothing at the above mentioned address given by you the addressee in your videos after that my client visited on your above
mentioned address and you the addressee showed some samples of sarees out of which my client finalized the deal of 264 pieces of Sarees bearing
invoice no. 4997 dated 12.10.2022 (Copy enclosed) from you the
addressee and my client have paid you the addressee entire billing amount on the very same day. Hence you the addressee was completely liable to
provide good quality material to my client as you assured my client at the
date of purchasing. 4. That on such assurance given by you the addressee, my client purchased
264 pieces of sarees, after that my client settled the entire billing amount raised by you the addressee an amount of Rs. 49,151/- (Rupees forty-nine thousand one hundred fifty-one Only).
5. That on 12th of October 2022, you, the addressee, booked an agency named
FAST & SAFE HAND CARGO, for transited the purchased clothes by my client from you the addressee (copy enclosed) where my client operates his business under the name SANMAY FASHION. The transportation charges amounting to Rs. 2400/- (Rupees twenty-four hundred only) were duly paid by my client to the service provider in accordance with the delivery
arrangementsmade by youthe addressee (copy enclosed).
6. That on 22nd October, 2022, my client received the goods, and it is pertinent to mention here that my client was in a great shock and was stunned after seeing the defective goods/sarees i.e., 180 pieces of sarees out of aforementioned 264 pieces of sarees as some articles were completely different to the articles chosen by my client and some articles were having fungus in them and right after my client promptly notified you, the addressee, on aphone callon the very same day regarding the defects found in the delivered articles which total comes to an amount of Rs. 34,835 (Rupees thirty-four thousand eight hundred thirty-five only) and all this resulted in substantial financial loss and hardship faced by my client. Upon receiving this complaint, you, the addressee, assured my client of resolving the issue by offering to facilitate a refund to my client of the amount of defective good/sarees mentioned above. 7. That on 27thof Deccmber 2022, my clicnt on the assurance given by you
the addrcssce about the rcfund of money of defective goods/sarces
returncd all the purchased clothes to you, the addressee, through the service provider FAST & SAFE HAND CARGO, shipping them from DARBHANGA TO DELHI, specifically to Arihant Textile (proprictor Sumit Jain). However, you, the addressce accepted the return, but it is pertinent to mention hercin that you the addressce had not refunded a single penny to my client and whenever my client asked you the addressee for refund you did not even respond to the phone calls of my client or prolonging the matter by one pretext or the other without any rhyme and reasons.
8. That you the addressee forced my client had to pay Rs. 1,720/- (Rupees One Thousand Seven Hundred Twenty Only) for the return of bilty i.e. the Service provider (FAST & SAFE HAND CARGO) which you the addressee had accepted but had not refunded any money to my client up to the present time.
9. That the above stated facts and circumstances,
make it apparent that my client had already been discharged his obligations by making payment of entire bill amount upon my client raised by you the addressee, however, it is you the addressees who has failed to refund the money to my client of defective goods /sarees against the payment of entire Bill amount which resulted economic and business loss and mental trauma my of clients. In the given facts and circumstances, as mentioncd herein above in the present legal notice, Ihereby call upon youthe addressees, to comply with the following directions:
a) To pay/refund allthe Billamount of Rs. 34,835/- (Rupees thirty-four thousand
eight hundred thirty-five Only) of defective goods/sarees along with 12% interest from the date of purchase of sarees, and b) To pay Rs. 50,000/- (Rupees fifty thousandOnly) as a compensation for loss of business caused by you the addressees; and c) To pay Rs. 50,000/- (Rupees fifty thousand Only) as a compensation for
mental and physical harassnent and mental trauma to my clients by you the addressees.; and d) To pay 11,000/- (Rupees eleven Thousand Only) to me or through my client as fees for thispresent legal notice. This present legal notice can also be treated as any mandatory legal notice under any other laws applicable in India.
If in case, you, the addressees, fails to comply with the terms/direction of
the present legal notice within a period of 15 days from the receipt of this notice client to take shelter of court of law at your Ibave all the instructions from my
cost, damages, compensation, and consequences, accordingly.
Ihave kept the copy of the present legal notice in my office for future reference and record
