NOTICE OF CLAIMING DAMAGES FOR DEFAMATION
To,
The Branch Manager,
Retail Loan Service Centre, HDFC
Bank,
3rd Floor, Block
No. 17/2/4, Deeepak Wasan Plaza,
Sanjay Place, Agra.
Dear Sir,
Under the
instructions and on behalf of my client Sri Aditya Kumar Agrawal s/o Late Sri Har
Charan Lal Agrawal r/o 98-99, Ganesh Nagar, Firozabad, I hereby, serve you with
the following legal notice for your information and compliance thereof: -
1. That my abovementioned client Sri Aditya
Kumar Agrawal is a big businessman and he is running many industries in
Firozabad city and besides this he is a social worker and a respectable man of the
society.
2.
That my
abovementioned client is a law-abiding member of the society and believes in
law and further he neither remained in any criminal activity and nor he has
been convicted in any criminal case by any Court.
3. That you,
the notice receiver deals in the business of finance of vehicles, etcetera and
during the course of your business you have sanctioned an auto loan of Rs. 3,10,000.00
(Three Lakh Ten Thousand) to Mr. Sudeep Agrawal to purchase a car.
4. That according
to the terms and conditions imposed by you the said loan was repayable in the
thirty six monthly installments of Rs. 10,023.00 each.
5. That my
client named above is the father of loan borrower Mr. Sudeep Agrawal so he has
given his guarantee against the said loan and further he also given thirty five
post dated cheques of his account no. 20165814741 drawn on Bank of Maharashtra
with the object of reimbursement of the loan. In those cheques, the cheque no. 132094
dated 05-03-2013 for Rs 10,023.00 was also given to you for the payment of
monthly installment.
6. That the above
said cheque no. 132094 was cleared and cashed in by you on 06-03-2013 but it is
a matter of great regret that you have wrongfully and negligently sent a report
mentioning the name of my above client to the CREDIT INFORMATION BUREAU (INDIA)
LIMITED for inclusion of his name in list of defaulters even after receiving
the amount of cheque no. 132094. This report is based on the false allegations
and you have acted maliciously and without reasonable or probable cause in
sending the same.
7.
That many persons,
including a large number of businessman and members of the society, hearing of
your report to the CREDIT INFORMATION BUREAU (INDIA) LIMITED for inclusion of
name of Sri Aditya Kumar Agrawal in the list of defaulters, and supposing my
client to be a defaulter, have ceased to be treated by and have dealings with
my client, whereby my client has suffered considerable and substantial loss in
his business, goodwill and reputation.
8.
That in consequence
of the said report, my client suffered physical pain and mental shock and was
prevented from transacting his business besides being injured in his credit and
reputation.
9.
That my client named
above is entitled to recover from you as damages, the amounts detailed below:
(a) Because
of loss of business Rs. Five Lakh;
(b) Because
of loss of reputation and credit Rs. One Lakh; and
(c) Because
of bodily and mental, pain Rs. One Lakh;
10.
The remarks made in
your report about the said Sri Aditya Kumar Agrawal are false, baseless and
highly defamatory of my client and made with the intention to defame him and
the said Sri Aditya Kumar Agrawal has suffered in his reputation and has been
lowered in the estimation of his friends, businessman and the general public.
I hereby give you notice to pay a sum of
Rs. Seven Lakh to my above mentioned client as damages and publish an
unqualified apology prominently in the newspaper within seven days from the
receipt of this notice. Otherwise, I have clear instructions from my client to
prosecute you in a criminal court for defamation or to sue you for damages and you will be saddled with the costs of an
unavoidable litigation.
You are
liable to pay a sum of Rs. 1100.00 towards charges for the present notice.
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