E-MAIL/SPEED POST

Dated: 21-02-2023

To,

Dhruva Co-Operative Group Housing Society Limited,

Subject: Legal Notice on behalf of Mr. Narinder Kumar Puri for immediate issuance of
Application to Registrar of Co-Operative Society to grant a No Objection Certificate and
Membership Clearance in favour of Mr. Puri.

Dear, Mr. S.S. Sah,

For, on behalf of and under the instructions of Our Client Mr. Narinder Kumar Puri,
resident of D-65, Navkunj Apartment, Behind Mother Dairy, Patparganj, I P Extn, New
Delhi-110092 (hereinafter referred to as “our Client”), we hereby serve you with the
following Legal Notice:

1. Our Client is the rightful owner of Flat No. 443, Dhruva CGHS Plot No.4, I.P.
Extension, Patparganj, Delhi- 110092 ( hereinafter referred to as “said Flat”) and
is in peaceful possession of the same since 03.03.2000. Our Client became the
owner of the said after duly purchasing the said Flat from one Mr. Harish Mittal,
who was the lawful owner till the year 2000 and a recognized allottee of the said
Flat at the time of purchase. In this regard, an Agreement to Sell, General Power
of Attorney, and Special Power of Attorneys, followed by a registered Will,
Possession Letter, and an Affidavit dated 03.03.2000, was also executed in favor
of our Client by Mr. Harish Mittal.

2. As such, our Client has been duly paying all the dues including but not limited
applicable property taxes, Insurance charges, electricity, and PNG gas charges.
 Similarly, all the other statutory compliances qua the said Flat are also being duly
discharged exclusively by Our Client.

3. Pertinently, our Client also regularly pays all the applicable ground rent on
account of the non-conversion of the said Flat into a freehold property. The same
is evident from the list as prepared and maintained by you, the Society, of all
residents paying ground rent on account of non-conversion of property as of
27.12.2021, which indicates the name of Our Client at Serial No. 45.

4. In January 2022, our Client intended to get the said Flat converted into a freehold
property, Our Client approached the Society officials to obtain a No Objection
Certificate (hereinafter referred to as “NOC”) and other requisite documents for
the said conversion. He was granted a NOC on 15.01.2022 by the Society.

5. After obtaining the aforesaid NOC certificate, Our Client filed an online
application on DDA's online portal to convert the said Flat to freehold vide
Application No. LD16990GH/CON/07022022 dated 07.02.2022. However,
despite the availability of NOC dated 15.01 2022 issued by the Society, our Client
was directed by Delhi Development Authority to submit the membership
clearance certificate from the Registrar of Cooperative Societies.

6. To the shock and surprise of Our Client, upon the inquiry about the membership
clearance certificate, it came to the knowledge of our Client that the said Flat is
unallotted, till date, in the records duly maintained by the Registrar of
Cooperative Society (hereinafter referred to as “Registrar”). Upon further
inquiry our Client discovered that the said Flat remains ‘unallotted’ in the
records of the Registrar owing to fault and deficiency on the part of the Society as
the intimation regarding the allotment of the said Flat was never communicated
by the Society to the Registrar. Resultantly, Our Client is now being wrongfully
prevented from getting his property converted to freehold property and in
exercising its rights over its lawfully owned property.
7. Our Client had, by way of an application, requested the Registrar to record the
said Flat as a duly allotted flat in the list of all the other allotted flats situated in
the Dhruva CGHS, and to issue the membership clearance either in our Client’s
name, or in the name of Mr. Harish Mittal being the original allottee of the said
Flat, to enable DDA to convert the said flat from leasehold to freehold property
on his name in line with the application dated 07.02.2022. However, our Client
was advised by the Registrar’s office to make the application through you, the
Society.

8. Thereafter, our Client, vide his letter dated 27.04.2022, requested you, the
Society, to issue a letter in terms of the aforesaid to the Registrar such that the
said Flat gets converted to freehold. However, no heed was paid to the request of
our Client by the Society. Thereafter, several numerous requests vide letter/
email dated 17.03.2022 and 01 `were made by our Client to the concerned
Society's officials to obtain requisite clearance from the Registrar. However, no
attention was paid to Our Client’s requests. It is apposite to mention that after a
persistent follow up, only the Society merely issued a certificate certifying Mr.
Harish Mittal as an allotted member.

9. Our Clients States that, despite several reminders, applications, and letters to get
NOC from RCS regarding the freehold application of his said Flat to DDA. You are
not paying attention to our Client’s concerns.

10. However, without prejudice to our Client’s rights and contentions, we have been
authorized by our Client to provide you with a last and final opportunity to settle
the matter upon satisfaction of the following requisitions:

A. Kindly apply directly to the Registrar of Society to issue a NOC with a copy
to DDA so that they can process the application of our Client for freehold.
B. Pay Rs. 10,000/- (Rupees Ten Thousand only) toward the cost for this
legal notice within 3 (three) days of receipt of this notice.
C. The present notice is being sent to you without prejudice to our Client’s
right to enforce other terms and conditions of the Domestic Registration
 Form and other documents executed by you and in pursuing the remedies
in relation thereto, as available to our Client under the law.

Please note that if you fail to comply with the aforesaid requisitions within a time
period of 15 days from the receipt of this legal notice, our Client will be constrained to
initiate appropriate civil and criminal proceedings against you, without any further
notice, which shall be at your own risk as to the costs and consequences thereof.

Please be further notified that a copy of the present notice has been retained in our
office for further necessary action.

ACM LEGAL

Advocate