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Director, MOVISH REALTECH PVT LTD Ref no;- TLS/2023/12/19002

Formerly known as Ashiana Realtech Private Limited


203-205, PROGRESSIVE CHAMBER, D-3, BLOCK,
COMMERCIAL COMPLEX, PRASHANT VIHAR,
NEW DELHI - 110 085 (INDIA),

RAJ KUMAR GARG


BN-31E, Shalimar Bagh
New Delhi – 110088

MOHIT GARG
BN-31E, Shalimar Bagh
New Delhi – 110088

RAM BABU GARG


AP-16, Shalimar Bagh
New Delhi – 110088

LEGAL NOTICE

Sir, Under instructions and authority from my client Mr. Yogesh Kumar Jain s/o Sh. Devendra Kumar Jain,
address A-014, Ashiana Gulmohar Bhiwadi, Alwar, (RAJ) 301019, I serve upon you the following legal
Notice.

1. That in 2013 your company Movish Realtech Pvt Ltd formerly known as Ashiana Realtech Private Limited
, Registered office at 203-205, PROGRESSIVE CHAMBER, D-3, BLOCK, COMMERCIAL COMPLEX,
PRASHANT VIHAR, NEW DELHI - 110085, had come up with a public offer to sell Residential Apartment
under the name and style " THE CUBIX" in Sector 23, Dharuhera with assurance to complete the construction
of the residential apartment and give possession within 42 months of signing the Apartment Buyers Agreement.

2. That by believing your offer as genuine and trusting on the Management of the company, my client have
applied to purchase a Residential Apartment having super area of 1375 Sq. Ft, in the above project for a Price
or Rs. 28,21,500/- (Rupees Twenty eight lakh twenty one thousand five hundred only), exclusive of External
Development Charges, Infrastructure Development Charges, Preferential Location Charges (wherever
applicable).
3. That you have demanded from our clients an amount of Rs. 2,22,046/- /- (Rupees Two lakh twenty two
thousand forty six only) towards Booking amount.

4. That my clients have made the payments of Rs. 2,70,000/- on 16-10-2012 against the above quoted demand.

Receipt Date Receipt No Payment Mode Bank Name Amount


16-10-12 ARPL/CB/R/0107 Chq No 222046 HDFC Bank 2,70,000/-

5. That authorised signatory of Movish Realtech Pvt Ltd formerly known as Ashiana Realtech Private Limited
Mr. Mohit Garg Entered into agreement with my clients on 17th May 2014 and signed Apartment Buyers
Agreement on the same date.

6. That your company, the Developer, had allotted to my client, Apartment No. A1-1102 having Super Area of
Approx. 1375 Sq. fts with an exclusive right to use of 1 car parking space in the complex " THE CUBIX" to
be developed in Sector 23, Dharuhera, Haryana for a sale price of or Rs. 28,21,500/- (Rupees Twenty eight lakh
twenty one thousand five hundred only).

7. That as per clause 6 i) Page no 7 of the agreement you have offered to handover the possession of the
Apartment within 42 months from the date of signing of the agreement with 6 month grace. That as per the
terms of agreement, the due date for handing over the Possession of the Apartment was on 17th May 2018
including the grace period.

8. That you have offered the possession of the property on 10.11.2021 only after a delay of 42 months even
after considering the grace period.

9. That as per the account statements given by you, my clients have paid total amount of Rs. 32,39,563/-
(Rupees Thirty two lakh thirty nine thousand five hundred sixty three only). Payment details attached.

10. That on 10-11-2021 you have send an e-mail/letter of Final Offer for Possession with a demand of Rs.
/- towards 18% interest quarterly compounded, for the delayed payment as per clause 1.2 k) of the
agreement. You have also demanded Rs. /- towards payment of balance amount.

11. That the Final Offer of Possession has been send by you after a delay of 42 months from the due date for
giving possession as per the Flat Buyer Agreement.

12. That on 13-12-2023 my client has informed your concerned employees through e-mail that you have offered
the possession after long delay. So the amount of interest demanded should be waived off.
13. That you have not inclined to accept the request of my client and repeatedly demanded interest for the
delayed payment from my client. My client has already provided you with a copy of the RERA court judgment
regarding this issue, both through personal meetings and mail. However, it seems that you are deliberately
avoiding us and not settling the matter which is why we have to bring up this reminder again.

14. That your actions constitute a clear violation of the agreement and a blatant disregard for the RERA order.
This has caused my client significant inconvenience and financial hardship

15. That again you have not inclined to accept the request of our clients with many unreasonable arguments.

16. That my clients is ready to pay the balance amount including interest after deducting interest for the delayed
period of offering possession of the apartment and as per the judgment passed by RERA court Panchkula
regarding this matter. The copy of the judgment was also share to you on 12-08-2022

17. That as per clause 3 III) of the Flat Buyers Agreement you are also liable to give compensation against
delayed period of offering possession @ Rs. 5 per sq. ft. per month of super area to our client, which is to be
adjusted against the outstanding balance showing against their account or the interest as ordered by RERA in
our case. RERA copy attached

I, therefore, call upon you through this legal notice to adjust amount of interest you have levied along with
compensation against delayed period of offering possession @ Rs. 5 per sq. ft. per month of super area, against
the outstanding balance of my client account and give possession of the apartment or make payment of the said
amount to my clients, within a period of 15 days from the receipt of this legal notice, failing which our client
shall be constrained to file civil as well as criminal complaint against the company/ all the responsible directors
and staff in the court of law, in that event you might be burdened with all fees and risks which please note
carefully.

You are further liable to pay a sum of Rs. 20,000/- as necessary cost and expenses of sending the present legal
notice to you.

Copy of this legal notice is also kept at our office for further ready reference if required in future.

Advocate Ranveer Singh/ Advocate Devender

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