LEGAL NOTICE

To,
Bhujbal Brothers Construction Co.
Bhujbal House, Survey No. 28,
DamodarEstate, Wing 1,
Bhujbal Baug, Karve Nagar,
Pune 411052.
Tel. 020- 30487700

Site Address:
Bhujbal Brothers Construction Co.
Quadra Town Gat No. 65 ( part ),
Shindewadi, Shirwal , Pune

Subject : Your wilfuldefault / failure to refund long outstanding legal dues to

my Client

Sir,

Under the instructions and on behalf of from my client Mr Atul Ashok Kasturey,
presently residing at c/o Mrs. Nilima Ashok Kasturey, C/602, Sai-Aasha CHSL, Near
Holy Angel School, Mulund – East, Mumbai – 400081, I have to address you as
under:

1.My client state that my client Mr Atul Ashok Kasturey booked a flat on 18/01/2014
in your project named ‘Quadra Town’located at Gat No. 65 (part )
ShindeewadiShirwal , Pune in the building number A-3, being flat number 605
admeasuring 644 square feet @ of Rs. 2,150 per square feet, for total flat price of
Rs. 17,23,338/- (...............). Subsequently, you have changed the captioned building
no / flat no., which was re-numbered as A-1&flat no. 202 on 2nd floor, Wing B.

2. My client state that my client made payments towards the flat consideration, first
payment being the booking amount/earnest money of Rs. 1,00,000/- and later on
your request a part payment of Rs. 2,50,000/- towards purchase the sale
consideration of the captioned flat in your said project. The said payments were
made by 2 cheques, both drawn on HDFC Bank Ltd. being cheque

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nos………….totalling rupees 3,50,000 ( Rupees......) . Both these cheques were
encashed by you & your office issued the receipt for these payments to my client
wide your receipt No. 095 dated 18/01/ 2014 and receipt No. 1229 dated 27/02/2014.

3. My client states that These substantial initial payments were released by my client
as you assured him that the necessary approvals for the said project were coming
and you should immediately commission the construction of the captioned building
and should formally enterinto the agreement for sale with my client at the booking
rate of Rs. 2,150/- per sq. ft.

4. My client states that The said initial payments were made by my client out of his
own salary savings and he was planning to make the further part payments as per
the construction progress of the building through ICICI Bank Ltd., to whom he had
approached for the housing loan.

5. My client states that with the lapse of time, as there was no communication from
your side on the update of the project , my client enquired with you , when you
shared that some approvals were still awaited hence the project work has got
delayed. This surprised my client , who in turn immediately communicated the delay
in starting of your project to ICICI Bank Ltd. asking them to differ the necessary loan
paper work. Later you communicated some new time lines to my client by which the
necessary approval should come and promised him that the building work should
start thereafter soon. Non the less no work was ever progressed except for the fact
that you kept on extending the time limits for the start of the work for various reasons
best known to you.

6. My client states that My client did regular follow up &kept enquiring with you
about the status of the building to show his interest to complete the necessary
formalities but nonetheless you kept on giving him the evading assurances/ answers
that you would be soon starting the project and should complete the formalities
thereafter.

7. My client states that With further lapse of time, my client made several phone
calls to you , wrote several follow up e-mails and made many personal visits to your
Pune Office on several occasions asking for the status of the project or for the
completion of the statutory formalities and for the time lines when the captioned
building work shall finally start and get completed. We rely on all these documentary
& personal evidences and shall submit the same if, such eventuality comes.

8. My client states that my client regularly inquired about the progress of the
construction work When chased by my client on regular intervals, you tendered but
and you gave various reasons for the delay of the said 1 BHK project work. While
acknowledging the delay was on your part and for the failure to give any concreate
reasons to complete the captioned 1 BHK building work on the promised dates, you
later started offering/ forcing my client to shift his booking of 1 BHK flat to 1.5 or 2
BHK flat at the higher rates/ prices in another adjacent building, which you promised
that whose work might get completed sooner than 1 BHK building work. My client
never understood that if this shifting of flat booking offer was genuine from your side
or was made to buy the time for yourself, none the less my client finally refused to

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accept such revised offer being financially hurt by you by not keeping your earlier
promises.

9. My client states that My client patiently waited for long time & tried his best to
adjust with all your subsequent promises, which you could never adhere to nor they
were of any benefit to my client. Considering all these facts and in spite of your
acknowledged failure to perform your promises and as the waiting period was putting
financial burden on my client, he informed you about the immediate cancellation of
the said flat booking and requesting for the refund of total money paid with relevant
applicable interest.

10. My client states that My client after his decision of cancellation of the captioned
flat booking immediately shared with you that he was informing ICICI Bank Ltd.-
Home Loans Department for cancellation of his sanctioned loan/facility agreement
and that he should share with you his quantum of expenses incurred
for administrative charges & processing fees, which were paid to ICICI BankLtd.
being non-refundable charges.

11. My client states that After cancellation of his flat booking solely due to failure on
your part to keep your promises, my client wrote many emails requesting for the
refund of his depositmoney and also made many personal visits to your Pune Office,
with a false hope that you might refund his money. On all these occasions you
expressed the inability of your management due to lack of funds with you to refund
my client’s pending dues.

12. My client states that After your several failures to refund my client’s dues
including a promise to make a direct RTGS payment , my client’s continuous
persuasion which resulted into your giving him 3 cheques towards principal amount
and interest component . These 3 cheques details are as follows:

A. Cheque No.085209 dated 21/12/2015 drawn on AXIS Bank Ltd. For Rs.
2,00,000/- towards principal amount
B. Cheque No.085210 dated 25/12/2015 drawn on AXIS Bank Ltd. For Rs.
1,50,000/- towards principal amount
C. Cheque No.085211 dated 26/12/2015 drawn on AXIS Bank Ltd. For Rs.
55,553/- towards interest payable then

13. My client states that Later on you kept on requesting my client to postpone the
deposit of the said 3 cheques on many occasions as you kept promising to make a
direct RTGS payment from your some bank account into my client’s savings bank
account. Finally, as all your promises of direct RTGS payment failed, my client
deposited your 3 cheques given towards refund of my client’s dues into his savings
bank account.

14. To my client’s shock, HDFC Bank Ltd. where the said 3 cheques were deposited
by my client intimated himvide their bank memo all dated 16/03/2016 that all these 3
cheques drawn by you on AXIS Bank Ltd. had bounced for the reason of ‘insufficient
funds’. My client immediately informed you about the bouncing of the cheques and
that it amounts to cheating and shall attract criminal legal proceedingsagainst you.

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We rely on the original captioned bank memos along with the bounced cheques,
which shall be produced in the eventuality of your not adhering to the contents of this
legal notice.

15. My client states that Suddenly, after the announcement of demonetization by the
Govt. of India my client’s fortune turned over night and his constant follow up with
you for making the payment of his legal dues gave him the unexpected surprise !
Duringthe demonetization time, when my client made his personal visit for
demanding the refund of his dues your Mr…………. handed over to my client a cash
of Rs. 1, 50,000/- consisting of old notes of Rs. 1000/- & Rs. 500/-, which were
cancelled by the Govt. of India. Like any prudent person, my client’s immediate
reaction was for asking the legal valid notes but you prevailed over him stating that
if these are not accepted then , no guarantee could be given when my client would
get the refund of his legitimate dues. When my client asked for the balance amount,
your Mr……. confirmed that the balance amount should be paid within some more
time with interest. On this assurance, my client accepted the said cash of Rs.
1,50,000/- toward part refund of his legal dues and gave a valid receipt for the same
amount to your Director. My client being law abiding and being tax paying citizen,
deposited this cash in his savings bank account.

16. My client states that Though you promised my client to make the payment of
balance money with the interest due to be paid soon, till date the same is still
outstanding. We are attaching the separate sheet ( Annexure A )showing the
correct outstanding amount due and payable along with the interest after adjusting
for the receipt of Rs. 1,50,000/-.

17. My client states that Later in spite of your various verbal promises from time to
time to settle the balance amount ( with interest), you kept on differing making the
payment on some reason or another. In spite of your wilful multiple defaults,
wherebyyou kept on assuring my client that his outstanding payment should be
refunded with due interest & pleaded that my client should not initiate any criminal or
civil proceedings against the directors.

18. My client got his another surprise and would like to place it on record the receipt
of your demand letter dated 19/12/2017 , wherein you demanded Rs. 11,40,475/-
towards the part payment due as per present work stage after showing the receipt of
Rs. 3,50,000/- from my client, which was initially paid by my client!

19. By this legal notice, we have placed before you the sufficient facts, which clearly
shows as to what has transpired between the two parties so far and the quantum of
legal dues which are still outstanding and payable by you.

Under the circumstances I have to call upon you to pay to my client a sum of
rupees..................along with the interest at the rate of..........totalling
rupees............within 15 days from the receipt of this notice, failing which my client
shall be constrained to file the necessary legal proceedings ,civil and or criminal
against you holding you liable for the entire cost and consequences there off.

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Advocate JatingJamkhandi