Ref.: RND / Legal
/ 3108-1907 / 22 Dated : 24th
day of August’ 2022.
WITHOUT
PREJUDICE
To,
Suvendu Das, Advocate,
Alipore Judges’ Court Bar
Liabrary Room No. 2, 18, Judges’ Court Road, Kolkata – 700027.
Residence & Chamber :
Suvendu Das, Advocate,
Flat No. S-2, 2nd
Floor, 23/1, Banamali Naskar Road, Police Station – Parnasree, Kolkata –
700060. Mobile : 9836586307.
Ref.: your Letter dated
01/08/2022.
Reg. : Self-contained
residential unit ( Tiles flooring) being Flat No. “C” consisting 2 bed rooms, 1
kitchen cum dinning, 1 topilet, 1 balcony, etc. on the Ground Floor ( western
Side ) having an area 650 Sq, ft. ( Six hundred Fifty Square feet ) more or
less ( Super Built up area ) of the building lying or situate at Premises No.
65/2, Jainuddin Mistry Lane, Post Office Alipore, Police Station Chetla,
Kolkata – 700027, within local limits of Ward No. 082 of the Kolkata Municipal
Corporation, registered in favour of Smt. Mohua Shome, daughter of Late Nayan
Ranjan Shome, residing at Flat no. 2, 1st Floor, at Premises No.
33/C, Jainuddin Mistry Lane, Post Office – Alipore, Police Station – Chetla,
Kolkata – 700027, through Deed of Sale being No. 160102582 for the year 2021,
in Book I, Volume no. 1601-2021, Pages from 126522 to 126553, registered at the
office of the District Sub Registrar – I, South 24 Parganas, Alipore, Kolkata -
700027.
Your Client : Smt. Mohua Shome,
Daughter of Late Nayan Ranjan Shome, residing at Flat No. 2, 1st
Floor, 33/C, Jainuddin Mistri Lane, Post Office – Alipore, Police Station –
Chetla, Kolkata – 700027.
My Client : Ashok Kumar Gupta,
Son of Late Girija Prasad Gupta, residing at Premises being no. 15, Mallick
Para Lane, Post Office Bangur Avenue, Police Station Dumdum, Kolkata – 700055,
District 24 Parganas ( North).
Dear
Sir/s,
Under
instructions and on behalf of my client Ashok Kumar Gupta, Son of Late Girija
Prasad Gupta, residing at Premises being no. 15, Mallick Para Lane, Post Office
Bangur Avenue, Police Station Dumdum, Kolkata – 700055, District 24 Parganas (
North), West Bengal, I serve upon you the following notice :
1)
That
my client is in receipt of your above referred letter dated 01/08/2022. The
said letter has delivered on 3rd day of August’ 2022, in evening to
my client by the postal peon. My client astonished on bare perusal of your said
purported letter dated 01/08/2022. The contents and purports of the said letter
dated 01/08/2022 are not in consonance with any facts with either party, so
far.
2)
That
my client handover the said purported letter dated 01/08/2022, with specific
instructions to reply as under in the followings ;
a) The allegations in the said
purported letter dated 01/08/2022, are all false, baseless, and concocted
against my client, and thus those are not acceptable at any terms, so far.
b) Your client raised three issues
as the disputes relates to the measurement of flat, possession letter, and
completion certificate. My client is ready and willing to resolve such issues
one by one. Hence at the first threshold it is desirable to arrange your
Surveyor Engineer by fixing a date for measurement of the said subjected flat
and by the time my client also arrange a surveyor engineer and thus in presence
of both the parties and their surveyor engineer the measurement of the said
subjected flat will measure and report of those surveyor engineer will consider
in respect of the measurement of the said subjected flat. In the event
measurement of flat will find lesser than in the Sale deed then in such event
the consideration value will reconsider and will pay back to your client.
Further, in the event measurement of flat will find higher than in the sale
deed then in such event the consideration value will reconsider and your client
will pay for the higher measurement to my client. The possession letter is
ready to give to your client, however in given situation as raised by your client
the same will be given to your client after conclusion of the measurement of
the subjected flat. It is pertinent to states that your client is in possession
of the subjected flat as the same has been handed over to your client on the
day of execution and registration of the Deed of Sale and consequently she,
started work of interior decoration of her said flat, thus she is in possession
of the subjected Flat. Regarding the Completion Certificate, my client had
already applied for the Completion Certificate with the concerned authority of
the Kolkata Municipal Corporation, and the same will be available within a
period expected after 30 (thirty) days, so far thus as soon as the CC will be
in hand the authenticated copy of CC will be provide to your client.
3)
My
client all along co-operated your client and thus delivered the subjected flat
at the desire of your client at the agreed consideration value thereof. Thus
there is no cause has ever been arose on any deficiency in services and or
unfair trade practices.
I for and on behalf of my
client requesting you to advise your client to arrange your Surveyor Engineer
by fixing a date for measurement of the said subjected flat and by the time my
client also arrange a surveyor engineer and thus in presence of both the
parties and their surveyor engineer the measurement of the said subjected flat
will measure and report of those surveyor engineer will consider in respect of
the measurement of the said subjected flat. In the event measurement of flat
will find lesser than in the Sale deed then in such event the consideration
value will reconsider and will pay back to your client. Further, in the event
measurement of flat will find higher than in the sale deed then in such event
the consideration value will reconsider and your client will pay for the higher
measurement to my client. Kindly give a date for measurement of the said
subjected flat, well in advance of seven days a week, so far. Communicate at
the earliest to my client preferably within a period of fortnight from the date
of receipt of this letter with you.
Kindly do the needful, in
arranging for the measurement of the subjected flat, as such disputes has been
raised by your client and such arrangement is necessary to resolve such
disputes at the first threshold.
Thanking you,
Yours’ faithfully,
Rabindra Nath Das,
Advocate
High Court Calcutta
Copy to ;
Smt. Mohua Shome, Daughter of
Late Nayan Ranjan Shome, residing at Flat No. 2, 1st Floor, 33/C,
Jainuddin Mistri Lane, Post Office – Alipore, Police Station – Chetla, Kolkata
– 700027.
{for information &
necessary action to resolve disputes raised by you }
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