LEXNEETI
ADVISORS
ADVOCATES AND LEGAL
+ 9 1 9873825365
732, Western Wing, Tis Hazari
Courts, Delhi- 110054
D1503- Elite homes, Sector77,
Noida, U.P.- 201309
Without Prejudice
Legal Notice
2023
Dated- 10th February
To,
1. Vishal Sethi
S/o Pramod Sethi
R/o- 9/19, Kalkaji Extension, New Delhi-110019
2. Jitender Jindal
R/o- House No. 613, Sector 37, Amarnagar, Faridabad, Haryana-
121003
Also at-
M/s Y.K. Aggarwal Properties
181, Ashoka Enclave Part II, Faridabad
Re: Intimation regarding cancellation of agreement to sell and forfeiture of
amount paid because of failure on part of the purchaser to perform his
promise.
Harshit Joshi(Advocate) HARSHIT JOSHI
Niharika Singh(Advocate)
Sir.
This legal notice is being issued on behalf of our client Mr. Narendra Sharmaa
currently residing at D2, 1302, Golf city, Plot no. 11, Sector 75 Noida, Uttar
Pradesh, hereinafter referred as my client. That vide this legal notice my client
seeks to inform you of the blatant violation of the
terms of the agreement, this
notice further seeks to hold you liable for the
blatant violations and flouting
of your duties towards
my client. That vide this legal notice you are held
responsible for breach of your implicit legal obligation towards my client-
1. That my client is
absolute owner and in possession of the residential
property measuring 944 sq. yds. Which is situated at 186, Main, Ashoka
enclave Main, Faridabad,
Haryana (hereinafter referred to a s the
property)
2. That
you entered into an
Agreement to sell on
16/01/2022, with my
client to purchase the residential property of my client.
3. That as per the terms and conditions of the
sale consideration of the said
Agreement to sell the total
as
property was settled at
87,50,000, and Rs.
per the agreement you promised to pay Rs.
10,00,000 just after
signing the agreement
out of which Rs.
1,00,000 was already paid on
04/01/2022 as advance booking amount and as
per the agreement the
remaining amount was to be on paid or before the date of
sale deed i.e, execution of
05/05/2022.
4. That after that
you paid a total sum of Rs
advance amount already 32,00,000(including the
paid) in parts through cheque and
client through your agent addressee cash to my
no.
5. That per the assurance and terms and
as
conditions of the
sell my client in good faith agreement to
gave you sufficient time to
balance payment and execute the sale deed. It is complete the
pertinent to mention
here that it was agreed that the balance
payment will be mageland sale
HARSHIT JOSHI
Advocate & Legal Consultanti
deed will be
executed on or
agreement were breached. before
05/05/2022 but the terms of
the
6. That the time was
essence
of the
carefree attitude of said
agreement to sell, the car
the carless and
in
huge losses to addressee no, 1and
addre ssee no. 2 has resulteu
my client and
my client and
immensely because of the said his family has
suered
No. 2. acts of the
addressee No. 1 and
addresse
7. That after that
my client has
given you many
your part of contract
and to make the
opportunities peto to rm
55.5 balance sale consideration oI KS.
lakhs/- accordingly, for the same, my client on
Visited the office of
various occasions
your agent addressee no. 2,
to
thereby calling upon you
pertorm your part of contract and also to
make the balance payment,
but each and
every time your agent addressee no. 2 made fake
promises
and also signed a MOU that payment will be made on time but all in vain
because neither you nor your agent addressee No. 2 is willing to make
the payment and get the Sale deed executed and
registered in your favor.
8. That seeing this sort of conduct and lot of
mental, physical and
a
financial harassment which is quite reckless, my client on various
occasions requested to your agent addressee no. 2 via call and
whatsapp
messages to get the deal done at the earliest and make the payment of
the remaining amount of Rs.55.5 Lakhs.- but all the
intimations and
request of my client were blatantly ignored.
9. That after so many months aiso no
satistactory response has been
received on behalf of you from your
agent addressee no. 2 who was
looking after the whole deal, after all this my client visited the
office of
addressee no. 2 on various occasions to discuss a
resolution and
complete this deal. However, it was decided between my client and
RSHIT JO your
agent addressee no. 2 in the meeting that the
remaining sum of Rs 55.5
lakhs would be paid before 31st January 2023 butjthe same was not
done on time. It is pertinent to mention here that my client also gave
an
intimation via Whatsapp message on 26th January 2023 for getting
of client went in vain, after doing
timely payment but all the attempts my
to complete the deal and after seeing no
every possible attempt
this legal notice.
possibility left my client is sending you
conditions of the said agreement to sell,
10. That as per the terms and
violated the terms and conditions of
the said agreement to sell
you have
knowingly failed to perform your part of
and have intentionally and
hence the Agreement to sell between us has
contract again and again.
become infructuous and cancelled and
the amount of earnest money of
been forfeited by my client
Rs 32 Lakhs which has been paid till now has
and now you have no any right to claim against my said client in respect
above said
of the said agreement to sell and my client is free to sell his
property to any other person.
11 That the courts on various occasions have made it clear that the
earnest money can be forfeited by the Seller, Supreme court in case of
Satish Batra Vs. Sudhir Rawal Civil Appeal No. 7588 of 2012 arising out
of SLP (Civil) No. 4605 of 2012 was of the view that seller is justified in
forfeiting the entire money paid by the purchaser of an immovable
property if the purchaser fails to pay the remaining sum.
12. My client had faced a lot of harassment in monetary terms as well
faced a huge mental & physical torture since he decided to
enter into an
agreement to sell with you. Hence you have not only breached the trust
but also breached the agreement by the way of false commitments as
default occurred from your side.
13. That by no stretch of imagination can it be said that my client did
not approach you for payment of outstanding amounts nor showed
interest nor completed any formalities related to the
the hhandover
ar of the
HAR Leg Corgula
property under purchase. (Advocate
14. neretore vide this legal Notice you are hereby given intimation tha
the termninated
Agreement to sell entered on 16/01/2022. has
been
Decause you have failed to perform your part of contract within u
of Rs 32.0o0,000( Thirty
two
1aki
eperiod, therefore, the amount
client
my
Pala by you a s earnest m o n e y has been forfeited for good by
said
the s a
client under
oW you have no right to claim against my
property to
anyDOGy b
g r e e m e n t to sell and my client is free to sell his
ir
oT y O *
interruption is caused by you
else and in case any hindrance or
il1
will no
client
the property my
agent i enjoying peaceful possession of
and your
hesitate in initiating civil and criminal action against you
agent.
the
handover the original copy of
15. Further you a r e called upon to
t u n e of Rs.
make a payment to the
agreement to my client and also
11,000towards the cost of this legal Notice.
Notice is kept in my office
Lastly, you are informed that a copy of this Legal
for record and further necessary action.
Unfeigned Regards
(Advocate)
VHARSHIT JOSHI
Consultant)
& Legal
(Ad vocate
