You are on page 1of 5

Dated: 26.10.

2021

To,

M/s Wealth Era


Through its Partner, Mr. Binod Kumar Sharma
Having it registered office at:
2nd floor, Plot No. 117,
Sector- 44. Gurgaon,
Haryana- 122001
Ph. No. – 9910677664
Email: emailtosahni@gmail.com

REFERENCE: DEMAND NOTICE FOR RS. ____/- (RUPEES__________)


TOWARDS OUSTANDING PAYMENTS UNDER THE
RENT AGREEMENT DATED 15.12.2020, EXECUTED
BETWEEN YOU AND M/S PARADIGM DESIGNS
CONSULTANCY PVT. LTD

OUR CLIENT: M/S PARADIGM DESIGNS CONSULTANCY PVT. LTD

Under the instruction and on behalf of Our Client, M/s Paradigm Designs Consultancy Pvt. Ltd,
having its registered office at C-85, Sector- 2, Noida, through its Director, Mr. Deepak
Sabharwal, I hereby serve the following notice upon you-

1. That Our Client, had entered into a Rent Agreement dated 15.12.2020, with you the
addressee, M/s Wealth Era (hereinafter referred to as “the Lessee”), with respect to “the
furnished First Floor of the Building measuring approximately 1900 Sq. Ft. super area,
and located at Industrial Plot No.- C-85, Sector-2, Noida, UP” (hereinafter referred to as
“said premises”).

2. That you, the Lessee were desirous of renting the said premises, and had subsequently
approached Our Client for the same. Thereafter, you the Lessee, had deposited a sum of
Rs. 50,000/- (Rupees Fifty Thousand Only) in the form of Token amount on 11.12.2020,
upon the receipt of which Our Client executed a Rent Agreement dated 15.12.2020 with
you the Addressee, for letting out the said premises to you the Addressee. It is pertinent
to mention herein that you, the Lessee had agreed to adhere to the terms and conditions of
the said rent agreement, with respect to the rights and liabilities, as well to the schedule of
payment of rent as envisaged therein.

3. That as per the Clause 1 of the said Rent Agreement dated 15.12.2020 agreed to by you,
the Lessee, that you were liable to pay rent amounting to Rs. 80,000/- (Rupees Eight
Thousand Only) for the first 5 month, and for an amount of Rs. 85,000/- (Rupees Eighty-
Five Thousand Only) for the next 6 months, along with other applicable charges as well
as post-dated security cheques for each month’s rent. It was further agreed under Clause
18 of the said Agreement that the Lock-in period for the said premises was to be Eleven
(11) months, during which you, the Lessee were not allowed to terminate the agreement.

4. Furthermore, under the provision of said Clause 18, it was affirmed by you, the Lessee,
that in case of premature termination of the agreement, you, the Lessee, shall be liable to
pay the entire rent amount due for the remainder of the lock in period along with all
applicable charges and dues as envisaged under the said Rent Agreement, within a period
of 7 days. It was also mentioned therein, that in the event of termination of the
Agreement before the lock in period you, the Lessee shall be liable to pay all penalties,
dues, as envisaged under this agreement, and for the forfeiture of the security deposit
made in lieu of the said Agreement. The relevant parts of the said Agreement are
reproduced herein below for your reference.

“1. That the LESSEE shall, in consideration of the furnished accommodation, pay to
the LESSOR a Rent of INR 80,000/- (Rupees Eighty-five Thousand only) per month
(For the first 5 months) payable in advance i.e., to be paid by 7th day of English
Calendar month. The rental is inclusive of Common Area Maintenance (CAM) charge
of INR 15,000/- (Rupees Fifteen thousand only) per month. The Lessee shall pay rent
of Rs 85,000/- for the next 6 months of the lease period. The Rent Amount shall be
paid after deduction of T.D.S., if applicable, as the government rules and service tax
and similar future impositions shall be charged extra by the LESSOR as applicable on
the agreed rent. The CAM charges are a reimbursement and thus there will be no TDS
deduction from the same but the applicable taxes to be charged by the LESSOR will
remain the same. The LESSEE will provide TDS deposit proof or Form-16 at end of
each quarter of the financial year. The Lessee shall deposit all post-dated cheques of
rentals to be paid to the lessor before possession of the premises.
18. The rent agreement period is for 11 months or from the commencement of
agreement with a Lock-in period of 11 (eleven) months of this agreement The LESSEE
cannot terminate the agreement during the lock in period. If the LESSEE terminates
this agreement during the lock in period for any, they will have to pay the LESSOR the
entire rental for the unexpired the Lock in. The LESSEE can terminate the agreement
only after the expiry of lock in period, with a prior notice of 2 (Two) Months. The
security deposit will and forfeited if the lessee vacates the premises before expiry of
lock-in period. After expiry of 11 months, this agreement can be renewed only with
mutual consent of both the parties on mutually agreed terms. If the LESSEE does not
pay his dues of Rent, CAM Charges or Electrical dues within 7 days of the due date,
the LESSOR will give a written notice to the LESSEE to pay the same immediately
within next 7 days. If the LESSEE does not clear the dues even after 7 days of
receiving the written notice, the LESSEE will be considered to have done a breach of
contract and the LESSOR can ask the LESEE to vacate the premises immediately.
This Breach of contract of the LESSEE can also be considered if the LESSEE's
conduct is not cordial or case of unhealthy or illegal practices carried by the
LESSSEE. Under all circumstances the LESSSEE will be considered to be under
breach of contract and will be obligated to clear all liabilities of Lock in, penalties and
all other dues under this agreement.”

5. That Our Client had been running from pillar to post in order to reached out to you on
numerous occasions and through several modes, after you had started defaulting on the
invoices mailed to you, and had been persistently defaulting on the Rent amount, since
the month of April 2021.

6. Thereafter, Our Client as per the terms of the Rent Agreement raised invoices dated
17.05.2021 and 15.06.2021 for the months of May and June respectively and supplied the
same vide Email. However, you the Lessee blatantly ignored the same and have failed to
make the payments due thereon.

7. There have been numerous attempts from Our Client to communicate over WhatsApp
Messages as well requesting you to pay the outstanding amounts, but you, the Lessee,
have been in willful ignorance, default, and disregard of the same. This behavior on your
part has been highly disrespectful and indicative of your dishonest and wrongful
intentions of not paying your dues and causing a wrongful loss to Our Client. Furthering
your dishonest intentions to not pay the outstanding amounts, you, the Lessee have not
yet made any reply to any of the correspondences made through email, and WhatsApp
messages and have time and again failed to pick up the calls of Our Client.

8. Thus, it is made clear to Our Client that the assurances made by you, the Lessee at the
time of entering into the agreement are no longer bonafide, and that it is your intention to
evade your liability and therefore, constituting a dire breach of your obligations under the
duly signed Agreement.

9. Thereafter, you the lessee, were made aware that the Security Cheque issued by you as
per the Clause 1 of the said Agreement, was utilized towards clearing the outstanding
dues, however the same returned dishonored due to an insufficiency of funds in the said
account. Our Client once again keeping in mind your assurances contacted you, the
Lessee vide email dated 24.09.2021 to respond to the rhyme or reason for the same at the
earliest, as well as make good the outstanding payments, however, it is pertinent to
mention that you the Lessee had failed to provide any reply to any of our
communications, over Email and WhatsApp in regard to the same.

10. It is further pertinent to mention herein that such dishonor of a cheque duly issued against
a liability of the drawer is a criminal offence and would attract the provisions of section
138 of The Negotiable Instruments Act, 1881. In conjunction to the said criminal
proceeding, you are also liable for other civil and criminal proceedings on account of
your disregard and non-payment of your outstanding dues, and blatant ignorance of our
communications, all of which amounts to an egregious breach of the Contract, duly
executed by you, which specifies that you, the Lessee, are liable to pay the entire Lock in
amount, penalties, and all other dues under the same till the expiry of the Lock-in-period.

11. You, the Lessee, have made an aggregate payment of a sum of Rs. ______/- (Rupees__
Only) against the rent due to Our Client till date, as well as an amount of Rs. 1,60,000/-
(Rupees One lakh Sixty Thousand Only) as the security deposit. It is submitted that, as
per the details of accounts maintained by Our Client you, the Lessee, are liable to pay a
total amount of Rs. ____/- (Rupees _ Only), towards the rent, maintenance, and other
charges till date. Thus you, the Lessee, are called forth to make good on the payment of
the balance amount and all other charges (including penalties and other dues as provided
for in the Agreement) amounting to Rs. ______________/- (Rupees _________ Only),
along with a cost of Rs. 10,000/- towards the legal costs of making this notice, within a
period of seven (7) days from the receipt of this notice, failing which you shall be liable
for further civil and criminal proceedings, at your own cost and expense.

A copy of this notice is being retained by our office for future reference and/or action(s).

Through:
Umang Mahindra
(D/8828/2018)

Advocate
E-4, 2 Floor, Defense Colony,
nd

New Delhi - 110024

You might also like