REGD, AD /SPEED POST

Dated: 18.07.2017
M/s M.R.Proview Real Tech Pvt. Ltd.
190. Saini Enclave
Vikas Marg, Delhi-110092
Also At:
B-66, Sector-63, Noida, U.P -201301.

Dear Sir,
Under instructions from and on behalf of our clients Shri Vinod Kumar
s/o Vikram Singh resident of FLAT NO. I-11. IG APT. PLOT NO.-25
SEC-5, VAISHALI , GHAZIABAD U.P. -201012, we do hereby serve
upon you the following legal notice:

1. That you the above said addressee is a company duly incorporated

under the Indian Companies Act, 1956 and having its registered
office at 190, Saini Enclave, Vikas Marg, Delhi-92 and engaged in
the business of real estate development in and around Delhi/NCR.

2. That sometimes in the year 2011-12, our clients came to know that
you the above said addressee is developing a residential group
housing complex in the name of Delhi 99, Opposite Avas Vikas,
Bhopura Tila More, Ghaziabad, U.P.

3. That our clients for their own bonafide requirement, were interested
in purchasing a residential flat and accordingly visited your
Corporate office as well as the site office to enquire about the details
of the project.

4. That you the above said addressee represented to our clients that you
are the absolute owner of the project land and purchased the same on
the basis of sale deeds from the respective land owners and obtained
all the requisite permissions and licenses for the development of said
group housing complex and also got the Sanction Plan of the project
approved from the Ghaziabad Development Authority, Ghaziabad
for the development / construction of the said housing complex. You
assured that you would develop/ construct the group housing
complex strictly as per the Sanction Plan approved by the GDA.
5. That you further represented to our clients that you would complete
the construction of the said housing project in all respects and obtain
the requisite Completion Certificate as well as NOC’s from the
concerned authorities and hand over the peaceful possession of flats,
completed in all respects to the respective allottees within three years
from the date of booking. You further assured that in case you failed
to hand over possession by due date then you would compensate the
allottees at the same rate as you were charging for the late payment
i.e. at 18% per annum for the delayed period.

6. That our clients believing the representations and assurances made

by you, agreed to book a flat in your above stated project Delhi 99
and booked a flat being Flat /Unit No. K 208, 2ND Floor, Tower-J,
Block-K having a Super Area 1162 sq. ft. for a total sale
consideration of Rs. 2555586/- and at the time of booking on
07.04.2012 paid a sum of Rs.50000/-. and before receiving
Allotment letter dated 12.06.2013 they have paid Rs.381662/-.

7. That after booking the above stated flat, you the above said
addressee kept on delaying to execute the Allotment Letter on one
pretext or the other. However after much persuasion by our client,
you had executed the Allotment Letter dated 12.06.2013 almost after
14 months of the booking of the flat.
8. That the terms and conditions of the Allotment Letter dated
12.06.2013 was totally against the assurances made at the time of
booking the flat. Our client was forced to sign the Allotment Letter
against his wishes as they had already paid more than 10% of the
booking amount. The terms and conditions of the Allotment Letter
was totally illegal, vague and against the interests of our client.

9. That as on date, our client has already paid a sum of Rs.2349930/-

including service tax as against the total sale consideration
Rs.2555586/-.
10. That since June 2016, our client had repeatedly enquired from you
regarding the completion of the project and handing over the
possession of the flat as it was very difficult for our client to pay the
rent for his rental accommodation as well as the installments of the
bank. However, you the above said addressee repeatedly assured our
client that you would suitably compensate our client for the delay of
the project.
11. That in the first week of May 2017, our client came to know that the
Ghaziabad Development Authority has sealed the project as you the
above said addressee failed to pay the EDC charges to GDA despite
repeated requests and reminders by the GDA and as on date a sum of
more than Rs.13.00 crore inclusive of interest and penalty is due to
the GDA.

12. That thereafter our client along with other allottees visited the office
of the Ghaziabad Development Authority to enquire about the status
of the project Delhi 99 and came to know that they have sealed the
project for nonpayment of Development charges by the Builders.

13. That our client further came to know that as on date the entire project
is already sealed by the GDA and you the above said addressee had
not even taken any step to get the project de-sealed. It seems that you
the above said addressee are not at all interested to complete the
project as the project was already delayed by more than one year as
you had diverted the funds collected from the allottees to some other
project and abandoned the present project.

14. That you the above said addressee was totally deficient in providing
the services to our client and therefore you are liable to compensate
our client for mental torture, agony and loss suffered by our client on
account of your failure to complete the project timely.

In the facts and circumstances mentioned hereinabove, we hereby on

behalf of our client call upon you to refund the amount of Rs.2555586/-
paid by our client to you along with interest at 18% per annum from the
date of deposit of the said amount within 7 days from the date of receipt
of the present notice, failing which our client shall be constrained to
redress his grievances through Court and recover the said amount along
with interest and costs entirely at your cost and risk, besides the other
remedies civil or criminal, available to our client in law, which please
note.

Thanking you

R.K.Mishra
Advocate