301 Orchid, Campa Cola Compound, B G Kher

Marg, 'Worli Naka, Mumbai• 400018

Email: advparshvashah . fpl@gmail.com
Reg No: MAH/4241/2021

Reference: NOTICE ID: IN133-944 Date:

11-08-2023

EMAIL / WHATSAPP / SMS / RPAD (WITHOUT

PREJUDICE)

RECOVERY NOTICE
MiltonKanti Roy

MAHISBATHAN, MB 415/1 MAHISBATHAN, MB Kolkata WEST BENGAL 700102 ; 7278761662;

Sub: Final Reminder for Payment of Credit card dues towards Credit Card

Dear Sir/Madam,

Pursuant to the instructions from and on behalf of my client M/S FPL Technologies (P) Ltd.
("my Client"), located at 127, Disha Building, Aundh- Baner Road, ITI Road, Near Sarjaa
Hotel, Pune- 411007, I hereby serve you with the following Legal Notice:

1. Whereas upon considering instructions and perusal of the documents placed before me
by my Client, it is found expedient to issue this notice to you — the noticee, so as
to appraise you of the facts and circumstances on the basis of which the legal (criminal
and/or civil) proceedings may be instituted against you.

2. That you had availed a credit card (Co-branded Credit Card "OneCard") facility launched
in partnership witl-BOB Bank That the said Credit card was availed on the
representation that you shall repay the same in timely manner and accordingly,
believing your representations to be true, in furtherance of you agreeing to the Most
Important Terms and Conditions (MITC) and the OneCard Credit Cards Terms and
Conditions, you were issued the above-mentioned Credit Card and as such you are bound
and liable to clear the debts together with interest and charges thereon.

3. That even after repeated reminders on your registered email address and phone number,
you have shown no intention to repay the debts. This act of yours is fraudulent and
my Client has instructed me to file a criminal complaint under various provisions of
the Indian Penal Code, 1860, including for criminal breach of trust for non-payment
of outstanding dues. That the total outstanding amount against your credit card has
accumulated to Rs.47,586.03/- as on the date which is further payable along with agreed
interest, charges etc. till full and final realization of outstanding amount. 4. That
from the very beginning your motive was to induce my Client with false promises and
misrepresentations in order to obtain the credit card facility from my Client, and
 derive undue and wrongful gain by causing wrongful loss to my Client. The above acts
of yours are illegal and falls within the definition of "offence" under Sections 406
and 420 of the Indian Penal Code, 1860 and Section 73 of the India Contract Act, 1872.

5. It is further stated that, in compliance with the guidelines issued by the Reserve
Bank of India, in the event of non-payment of outstanding amounts, my Client shall be
constrained to provide your details to "Trans Union CIBIL Ltd." and report the default
committed by you.

6. That this notice shall also be treated as notice under

Section 21 of the Arbitration and Conciliation act 1996, and
as per Clause 16

301 Orchid, Campa Cola Compound, B G Kher

Marg, Worli Naka, Mumbai - 400018
Email: advparshvashah . fpl@gmail . com
Reg No: MAH/4241/2021

of the OneCard Credit Cards Terms and Conditions, my Client shall refer the dispute to
arbitration to adjudicate the matter.

7. In light of the amendments in the arbitration law and the judicial pronouncements
regarding appointment of arbitrators, with a view to provide each party full
opportunity to present its case fairly and conveniently, and in order to facilitate
the conduct of arbitration proceedings, administrative assistance by a suitable
institution or person was evaluated.

8. For this purpose, the list of institutions offering Alternative Dispute Resolution
(ADR) services including through Online Dispute
Resolution (ODR) vide notification bearing F.No. A-60011/97/2018-Admn.lll (LA) dated
18/09/2020 of the Ministry of Law & Justice was considered. Presolv360 is one such
neutral institution included in the said list that provides administrative support to
the parties, has no interest in the outcome of the dispute and there is no conflict
of interest. Accordingly, the dispute shall be resolved by arbitration under the
Arbitration and Conciliation Act, 1996, and the same shall be administered by
Presolv360. The aforesaid proceedings shall be carried out via Presolv360's platform
through an independent, qualified and competent sole arbitrator from its panel of
arbitrators. The decision of the arbitrator shall be final and binding on the
parties.

9. We further state that to avoid any future litigation against you for the recovery of
dues, my Client, as a last chance, is reminding you to pay the outstanding amount of
Rs.47,586.03/- within seven days of receipt of this notice.

10. If there is no response to this notice, all the legal rights shall be explored,
including, but not limited to legal proceedings necessary to recover the debt without
further notice.

11. This demand notice for payment is an official notice to you, and may be tendered
in court as evidence of your failure to pay. Any legal action shall be at your cost
and consequence, and may also impact your credit history. 12. You are requested to
get in touch with the authorized representative of my Client Rajesh K: 7044300641 for
any further clarifications.
A copy of notice is preserved in my office for record and future course of action.

Sincerely,

Parshva Jayesh Shah

Advocate, High Court