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XYZ Legal, Advocates and Solicitors

Office: Ground Floor, B-30, B Block

Sector 6, Noida
Uttar Pradesh (201301) Phone: +91 9999999900

BY REGISTERED A.D./SPEED POST

WITHOUT PREJUDICE

To,
1. Mr. Abhinav
Address- D 107 Shayamla Hills, Vasant Vihar, Noida.
Office- Ashiana Greens, Sector-18, Noida- 201301
2. Mr. Vikas
Address- A 42 Western Orchard, Noida.
Office- Ashiana Greens, Sector-18, Noida- 201301
3. Mr. Amit
Address- 23/112, Panchsheel Enclave, Noida.
Office- Cognizant Enterprises, Sector-18, Noida- 201301

Through:- It’s Authorized Signatory /or Any Officer/ or Manager

Date: 09.12.2010

Subject: Notice for refund of the amount paid towards Apartment located in the
Project “Ashiana Greens”, Noida extracted by the Noticees by playing fraud and
making wrongful inducement and with a malafide intent to cheat and thereupon
misappropriate the hard earned money of its buyers.

Our Client: Mr. Sharad Gulati, S/O Mr. M.N. Gulati, C/O Minda Corporation
Ltd., R/O R-6-11, Sector-18, Noida 201301, Uttar Pradesh, India

Dear Sir,

We are concerned for Our Client, Mr. Sharad, R/O R-6-11, Sector-18, Noida
201301, Uttar Pradesh, India, who being aggrieved by your fraudulent and
malafide actions have placed in our hands all the relevant
documents/receipts/correspondences etc. exchanged between Our Client and
your good offices. We have very carefully perused the same and we being satisfied
with your cause of action against you, serve upon you the following Legal Notice,
for and on behalf of Our Client and under his instructions:

XYZ Legal, Advocates and Solicitors

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XYZ Legal, Advocates and Solicitors

Office: Ground Floor, B-30, B Block

Sector 6, Noida
Uttar Pradesh (201301) Phone: +91 9999999900

1. That Our Client is a law-abiding citizen of the country having exceptional

credentials and standing in the society. That Our Client is aggrieved by
grossly deficient, spurious and unsatisfactory services provided by the
Noticees and other unfair trade practice of the Noticees.

2. That the Noticee 1 and 2 are a Partnership Firm in construction business.

That they launched the residential project “Ashiana Greens” in 2005, of
which the booking was opened by February 2006.

3. That the Noticee 3 is a family friend of Our Client.

4. That Our Client came to know about the project “Ashiana Greens” through
Noticee 3 sometime in March 2006.

5. That being satisfied by the report/finding/statements made by Noticee 3

regarding the project “Ashiana Greens”, Our Client along with Noticee 3,
on 16.08.2007 met Noticee 1 and 2.

6. That the meeting with Noticee 1 and 2 was arranged by Noticee 3 himself.

7. That Our Client had booked a 2BHK flat in your project namely “Ashiana
Greens” and was allotted an Apartment bearing no. 801 located in Tower
No. 1, on 8th Floor admeasuring 1835.00 Sq. Ft. situated at Sector-18,
Noida, Uttar Pradesh. That the booking was confirmed on 05.12.2007.

8. That the sole motive of Our Client to purchase an Apartment in your

project was to provide his family with a quality standard of living in a
spacious apartment. At the time of booking, you assured Our Client timely
delivery of the possession of the Apartment with all the amenities and
services as was promised.

9. That it now transpires that the above mentioned lofty claims and
assurances were made intentionally by the Noticee, with dishonest intent
of criminally misappropriating the hard earned money of our client and
which claims and assurances were based on false and fabricated
documents, thereby further raising doubt on the integrity and business
ethics of the Company.

XYZ Legal, Advocates and Solicitors

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XYZ Legal, Advocates and Solicitors

Office: Ground Floor, B-30, B Block

Sector 6, Noida
Uttar Pradesh (201301) Phone: +91 9999999900

10. That we have no hesitation in saying that you have duped Our Client of
his hard earned money by inducing him to make a booking in the said
project.

11. That the booking of the apartment was made in two installments, dated
16.08.2007 of Rs. 2.5 lacs via cheque to Noticee 1 and another on
30.11.2007 of the remaining Rs. 2.5 lacs in cash to Noticee 2.

12. An Apartment Buyer Agreement dated 05.12.2007 [hereinafter referred to

as “Agreement”] was entered into between the Noticee 1 and 2 and Our
Client for total sale consideration of INR. 40,00,000.00 (Rupees Forty Lakh
Only).

13. That Clause 5.2 of the Apartment Buyer Agreement clearly stipulated that
the Noticee 1 and 2 shall endeavor to complete the construction of the
project in which the Apartment is situated in 2010. Hence, the possession
of the Unit was promised to be delivered on 01.11.2010.

14. That it is pertinent to mention that the said Apartment Buyer Agreement
contained the clause regarding the remaining sale consideration, which
was to be made in 7 installments of 5 lacs each on/before 01.11.2010.

15. That our client made 4 installments via cheque, dated; 02.01.2008,
20.02.2009, 15.03.2009, and 02.06.2009.

16. That Our Client has diligently followed the payment plan and has paid a
total amount of INR. 2000000.00 (Rupees Twenty Lakh Only) till
02.06.2009 against the total consideration for the said Apartment. It is
pertinent to mention here that the Noticee 1 and 2, despite receiving
substantial amount of consideration for the said Apartment have failed to
deliver the possession of the said Apartment.

17. That Our Client on 01.08.2009 enquired about the progress of the project,
on which he was told by Noticee 1 that, since Our Client has not cleared
all the installments, he has no right to ask about the progress of the
project. That due to this, Our Client cleared the remaining three
installments dated, 10.11.2009, 03.03.2010 and 01.11.2010 respectively.

XYZ Legal, Advocates and Solicitors

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XYZ Legal, Advocates and Solicitors

Office: Ground Floor, B-30, B Block

Sector 6, Noida
Uttar Pradesh (201301) Phone: +91 9999999900

18. That despite Our Client making the timely payments, the Noticee 1 and 2
have miserably failed to honor the commitments and have inordinately
delayed the delivery of the possession of the Apartment.

19. That Our Client on 05.12.2010 visited the office of Ashiana Greens and was
unable to find the Noticee 1 and 2 and instead met with one Mr. Sagar
Malhotra, who was the Executive dealing with other projects of Noticee 1 and
Noticee 2.

20. That Mr. Sagar informed Our Client that the project Ashiana Greens had
been “Shelved”. That Our Client’s decision to purchase the Apartment was
based on deceitful luring of Noticee 1 and 2’s misrepresentations, fraudulent
commitments and various other mala fide and wrongful acts.

21. That not only has the delay on your part caused great hardship and
mental agony to Our Client but also you have made him to run from pillar
to post to obtain the amount, which rightfully belongs to him.

22. That the Noticee 1 and 2 have committed the act of cheating, criminal
breach of trust, criminal misappropriation and fraud, amongst other
criminal wrongs.

23. That you, being the Noticee, have hereby been legally noticed of these
criminal activities and your involvement, whether knowingly or
unknowingly, and you therefore may make no future claim of a lack
of knowledge of these criminal activities, and your participation therein,
which could absolve you of liability or culpability.

24. That if Our Client is constrained to initiate legal proceedings against

the Noticee as may be advised in the facts and circumstances of the case it
will be at Noticee’s own risk as to costs and consequences.

XYZ Legal, Advocates and Solicitors

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XYZ Legal, Advocates and Solicitors

Office: Ground Floor, B-30, B Block

Sector 6, Noida
Uttar Pradesh (201301) Phone: +91 9999999900

In view of the above, you are hereby called upon to:

a. To immediately handover the possession of the said apartment to Our Client.

b. To pay a sum of INR. 5,00,000/- (Rupees Five Lacs Only)
towards compensation for mental harassment, mental agony, financial
losses and hardships caused to Our Client.
c. To pay a sum of INR. 25,000/- (Rupees Twenty Five Thousand Only)
being the cost of this legal notice.

Please note that Our Client reserves his right to pursue other civil and criminal
remedies as per law, if this notice is not replied within 15 days from the receipt of
this notice. A copy of this Notice has been preserved in our office for record and
future course of action.

Regards,

Akshita Shrivastava, Associate

XYZ Legal, Advocates and Solicitors

XYZ Legal, Advocates and Solicitors