AYUSH JAISWAL

B.A., LL.B. (Hons.), LL.M. | NLU Vizag

(Ph.D.) | NLIU Bhopal
Enrl. No. MP/1836/2017

Through Electronic Means

To,
Ms. Swati Pratik Mulchandani
Representing Swati Makeovers, Nagpur, Maharashtra

SUB.- LEGAL NOTICE ON BEHALF OF MY CLIENT MS. SHIKHA RAHUL JAISWAL

Under the instructions from and on behalf of my client Ms. Shikha Rahul Jaiswal, Residing at Ganesh Apartments, Amravati Road,
Wadi, Nagpur, I do hereby serve upon you the following legal notice:
1. That you represent a purportedly unincorporated and unregistered beauty parlour and offer make-up services in and
around areas near Nagpur, Maharashtra.
2. That, my client is a respectable citizen of India, presently residing in Nagpur for more than 20 years.
3. That, in the month of January, 2021, my client made certain enquiries to avail your services for bridal and other make-
ups for her sister’s marriage scheduled for solemnisation from May 12, 2021 to May 14, 2021 in Yavatmal, Maharashtra.
4. That, you quoted an amount of ₹45000 for 2 Royal Bride Makeups, 2 Party Makeups and 13 Side Makeups and asked for
a booking amount of ₹20000; which, accordingly was deposited by my client in your savings bank account on January 27,
2021. An assurance of refund of the said amount was also given by you, in case of postponement/cancellation of the said
booking on account of the ongoing pandemic.
5. That, in the month of April, second wave of COVID hit the nation in worst possible manner and forced the governments
all over the country to impose lockdowns; Maharashtra being no exception. On account of the second wave, the
aforementioned marriage was postponed indefinitely and as per your promise, my client requested you to refund the
booking amount.
6. That, my client made a series of requests several times through telephonic messages and telephonic calls for refund of
the said booking amount, but you always dilly delayed the same on one pretext or the other and so far have paid only
₹10000 on April 24, 2021. After that, you have not paid even a single paisa out of the said outstanding undisputed amount.
This conduct of yours establishes beyond doubt that the delay is deliberate and you owe a malafide intent against my
client.
7. That, you by taking this illegal and unprofessional recourse, have harassed my client beyond limits, both financially and
mentally.
8. You may also note that the services you offer are commercial in nature and collection of amount towards the same in
savings bank account is not only per se in violation of the RBI Guidelines issued from time to time, but also hints at your
dubious intentions to evade tax, which itself is punishable under the Income Tax Act,1961. Also, the fact that you did
not issue an invoice to my client towards the booking of the said services despite her repeated requests attracts penalty
under the Central Goods and Service Tax Act, 2017 and the Consumer Protection Act, 2019.
You are hereby finally called upon to pay an amount of ₹15,000 to my client which includes -
a. ₹10000 towards refund of the booking amount.
b. ₹5000 towards the cost of sending this legal notice
within 10 days of the receipt of this notice failing which my client shall be constrained to initiate against you for redressal of
aforesaid grievances such proceedings at appropriate authorities including Income Tax Department and Directorate General of
GST Intelligence as are warranted by law exclusively at your own risk, cost, responsibility and consequences which you may please
note.

Needless to state, a copy has been retained by me for records and necessary action.

Sincerely Yours,

Place: Bhopal
Ayush Jaiswal Dated: September 20, 2021

111, Vineet Kunj, Kolar Road, Bhopal M.P.- 462042

T: +91 903 945 7891 | E: ayush.dsnlu@gmail.com