By
Registered Post / Speed Post / Ordinary Post
WITHOUT
PREJUDICE
Ref.:
SS / DKG / 3108-9219 / 25 Dated : 2nd day of May’ 2025
To,
1.
M/s.
ABS Land Development & Construction Private Limited, a Private Limited
Company incorporated under the Companies Act, 1956, having its Registered
Office at Premises being no. 13/B, Jatin Das Road, Police Station – Tollygunge,
Kolkata – 700029, West Bengal.
2.
Sri
Tapan Ghosh, Son of Late P.L. Ghosh, residing at Premises being no. 13/B, Jatin
Das Road, Police Station – Tollygunge, Kolkata – 700029, West Bengal.
3.
Sri
Tapan Ghosh, Director of M/s. ABS Land Development & Construction Private
Limited, a Private Limited Company incorporated under the Companies Act, 1956,
having its Registered Office at Premises being no. 13/B, Jatin Das Road, Police
Station – Tollygunge, Kolkata – 700029, West Bengal.
4.
Sk.
Mokbul Hossain, Son of Sk. Yousuf Ali, Director of M/s. ABS Land Development
& Construction Private Limited, a Private Limited Company incorporated
under the Companies Act, 1956, having its Registered Office at Premises being
no. 13/B, Jatin Das Road, Police Station – Tollygunge, Kolkata – 700029, West
Bengal.
5.
Sri
Abhijit Chowdhury, Son of Chitta Ranjan Chowdhury, residing at Premises being
no. G 108, Baghajatin, Police Station – Patuli, Kolkata – 700086, District
South 24 Parganas.
6.
Sri
Abhijit Chowdhury, Director of M/s. ABS Land Development & Construction
Private Limited, a Private Limited Company incorporated under the Companies
Act, 1956, having its Registered Office at Premises being no. 13/B, Jatin Das
Road, Police Station – Tollygunge, Kolkata – 700029, West Bengal.
Ref.:
Agreement for Sale dated 15th day of August’ 2007;
My
Client : Dr. Dhiraj Kumar Giri, Son of Amyya Ratan Giri, residing at 162,
Banamali Ghosal Lane, Kolkata - 700034.
Legal
Notice
Dear Sir/s,
Under instructions of
my Client Dr. Dhiraj Kumar Giri, Son of Amyya Ratan Giri, residing at 162,
Banamali Ghosal Lane, Kolkata - 700034, do hereby states as follows;
1.
You
allured my client with your alleged township project under the name and style
of “Pailan City II”, which was scheduled to be completed in all respects by the
31st day of December, 2010, including the demarcation and handing over of
possession thereof to the intending allottees/purchasers. The said township
project “Pailan City II” was purportedly to consist of 674 plots of various
sizes, which you claimed had been earmarked and demarcated. Since my client was
in search of a plot of land for the residential use of his family, he was
attracted by your representations and assurances and accordingly have interest
in the said project. Relying upon your commitments, advertisements, brochures,
and verbal representations, my client applied for a plot, made necessary
payments, and was issued an allotment confirmation.
2.
You
entered into an Agreement for Sale dated 15th day of August’ 2007,
with my client for the Sale of Land with all amenities as (i) Plot no. 3, (ii)
Plot no. 6, (iii) Plot no.7, Plot no. 10, (iv) Plot no. 11, and (v) Plot no. 14,
which are measuring about 12960 sq. ft. (i.e. 2160 Sq. ft. X 6) under Pailan
Coty II, lying and situated at District South 24 Parganas, under the Jurisdiction
of Bishnupur (East) Gram Panchayat, Mouza – Bagi, J.L. No. 78, Khatian No. 503,
Dag No. 703, Police Station Bishnupur, District South 24 Parganas, at a total
consideration price of Rs. 21,24,000/- (Rupees Twenty One Lakhs and Twenty Four
Thousand) only, being Rs. 3,54,000/- (Rupees Three Lakhs and Fifty Four
Thousand) only, for each Plot of Land.
3.
The
said Agreement for Sale dated 15th day of August’ 2007, containing
some specified terms and conditions, which refurnished as follows;
(a) Paragraph no. 1 at page
no. 3 of the said agreement for sale dated 15th day of August’ 2007,
states as “That the party of the Second Part herein being the Allottee/
Purchaser has agreed to purchase the residential plot of land in Company’s said
project “Pailan City II” being Plot nos. 3, 6, 7, 10, 11, 14 as shown in the
Company’s master plan, which may be inspected at the Company’s sales office, hereto
measuring about 12960 sq. ft. is free from all encumbrances and has a clear and
good marketable title, lying and situated in the District South 24-Parganas
under the jurisdiction of Bishnupur (East) Gram Panchayat area Police Station
Bishnupur, Mouza – Bagi, J.L. No. 78, Khatian No. 503, appertaining to Dag No.
703, morefully and particularly described in the Schedule “B” hereunder written
at a total consideration of Rs. 21,24,000/- (Rupees Twenty One Lacs Twenty Four
Thousand) only and the company, the party of the First Part herein has also
agreed to sell/ transfer of the said plot of land to the said Allottee/ Purchaser
under the condition mentioned herein below”.
(b) Paragraph no. 4 at
page no. 4 of the said agreement for sale dated 15th day of August’
2007, states as “That the Company, the First Part herein shall complete the
sale in respect of the said plots of land in the Project Pailan City II,
directly by registered Deed of Conveyance, upon completion the Project and
payment of entire consideration and upon expiry of the terms of this Agreement
having demarcated the said plots of land and development of the said plots of
land and connecting Road or Pathway attached to the Plot”.
(c) Paragraph no. 5 at
page no. 4 of the said agreement for sale dated 15th day of August’
2007, states as “That the said entire area of land under the said Project
including the said plots of land fully described in Schedule “B” written
hereunder is free from all encumbrances and has a clear and good marketable
title”.
(d) Paragraph no. 11 at
page no. 5 of the said agreement for sale dated 15th day of August’
2007, states as “That the Allottee/ Purchaser, the party of the second part
herein shall be provided with the said plots of land the necessary facilities
fully described in the Schedule “C” hereunder written”.
(e) Paragraph no. 16 at
page no. 6 of the said agreement for sale dated 15th day of August’
2007, states as “That if any disputes cropped up between the parties on that
event both parties shall solve the disputes amicable by maintaining balance of
both parties”.
4.
That
my Client has paid the entire consideration money in terms of the said
Agreement for Sale dated 15th day of August’ 2007, to you against
the receipt and acknowledgement thereof. Which you have apportioned within the
stipulated period assigned under the said Agreement for Sale dated 15th
day of August’ 2007. Pertinently, my client booked such plot of land on 16/10/2006,
subsequently, substantial money has been paid at your persuasion about the
alleged plot of land with all amenities thereof and thus the said Agreement for
Sale dated 15th day of August’ 2007, has been made and drafted by
you and your Learned Advocate.
5.
That
the period of 48 (Forty Eight) months as stipulated in the said Agreement for
Sale dated 15th day of August’ 2007, has been elapsed by 15th
day of August’ 2011, and even after on receipt of the entire consideration
money, you did not deliver the physical possession of the residential plot of
land in Company’s said project “Pailan City II” being Plot nos. 3, 6, 7, 10,
11, 14 as shown in the Company’s master plan, which may be inspected at the
Company’s sales office, hereto measuring about 12960 sq. ft. is free from all
encumbrances and has a clear and good marketable title, lying and situated in
the District South 24-Parganas under the jurisdiction of Bishnupur (East) Gram
Panchayat area Police Station Bishnupur, Mouza – Bagi, J.L. No. 78, Khatian No.
503, appertaining to Dag No. 703, District South 24 Parganas, and did not even
pursue yourself to refund my client’s money. Rather, time and again, you
assured my client for delivery of physical possession being Schedule plot of
Land assigned in the said Agreement for Sale dated 1st day of June’
2012, though nothing materialized till the day, writing this Letter to you.
6.
That
Since a substantial period of 13 years 8 months 18 day has been elapsed
sustaining belief on you by my client, truly realized that you will not deliver
any physical possession of the schedule plot of land nor refund the money
apportioned by you. Breach of Contract truly sustained at your behest with the continuous
false assurance, causing immense mental agony, harassment, and financial loss
to my Client. My Client has waited patiently for almost a decade, relying on
your repeated promises and representations which have now proven to be false
and fraudulent in nature. Your conduct constitutes a gross breach of
contractual obligations, misrepresentation, unfair trade practice, and amounts
to cheating and criminal breach of trust.
7.
It
is also pertinent to mention that your continued failure to fulfill the
contractual obligations, despite repeated follow-ups and your express
assurances, not only constitutes a clear breach of the terms of the agreement
but also amounts to unfair trade practice
as defined under Section 2(47) of the Consumer Protection Act, 2019. You have
lured my Client into a real estate transaction with promises of timely
possession, only to default on the same without reasonable justification.
8.
Furthermore,
your actions amount to a violation of the RERA and related regulations, which mandate timely completion and
delivery of real estate projects. Despite having received almost the entire
consideration amount from my Client, you have neither handed over possession
nor refunded the amount with interest. This suggests clear deficiency in service and negligence on your part.
9.
It
is also relevant to note that the Hon’ble
National Consumer Disputes Redressal Commission (NCDRC) and various High
Courts have consistently held that failure to deliver possession of a property
within a reasonable time entitles the purchaser either to possession along with
compensation or to a full refund with interest. My Client reserves the right to
rely upon such judicial precedents in support of his claim.
10.
The
inordinate delay in handing over possession, despite full or substantial
payment being made, clearly reflects your intention to defeat the rights of
genuine buyers like my Client, which may also invite prosecution under Sections 318, 316, and 61(2) of the Bharatiya Nyaya Sanhita (BNS) for cheating,
criminal breach of trust, and conspiracy.
11.
The
breach is not curable at this stage without causing further injustice to my
Client. The law provides that in case of breach by one party, the non-defaulting
party is entitled to seek rescission of the contract and claim damages or
refund. Given your continued default, my Client is within his rights to demand
a full refund along with interest and take appropriate legal recourse against
you
In the circumstances
stated hereinabove, I, on behalf of my Client, do hereby call upon you:
a)
To
immediately deliver peaceful, vacant, and physical possession of the residential
plot of land in Company’s said project “Pailan City II” being Plot nos. 3, 6,
7, 10, 11, 14 as shown in the Company’s master plan, which may be inspected at
the Company’s sales office, hereto measuring about 12960 sq. ft. is free from
all encumbrances and has a clear and good marketable title, lying and situated
in the District South 24-Parganas under the jurisdiction of Bishnupur (East)
Gram Panchayat area Police Station Bishnupur, Mouza – Bagi, J.L. No. 78,
Khatian No. 503, appertaining to Dag No. 703, along with all promised amenities
as per the Agreement for Sale dated 15th August’ 2007 within 15 (fifteen) days from the date of
receipt of this Legal Notice;
OR IN THE ALTERNATIVE,
b)
To
refund the entire consideration amount of Rs. 21,24,000/- (Rupees Twenty One
Lakhs and Twenty Four Thousand Only) paid by my Client, along with interest
calculated at the prevailing rate applicable to banking recurring deposits,
compounded annually, from the date of respective payments made till actual
realization, the payments of which shall be payable within 15 (fifteen) days from the receipt of
this notice;
And
c)
To
compensate my Client for the mental agony, harassment, and financial loss
suffered due to your breach, by paying an amount of Rs. 5,00,000/- (Rupees Five Lakhs Only) within the same period;
And
d)
To
bear all legal and incidental costs incurred by my Client in pursuing this
matter, including legal notice charges, to the extent of Rs. 25,000/- (Rupees
Twenty-Five Thousand Only).
e)
Failing
which, my Client shall be constrained to initiate appropriate civil and criminal proceedings,
including but not limited to a suit for specific
performance, damages, recovery of money, and/or criminal complaint under
relevant provisions of the BNS’ 2023 and the Consumer Protection Act, 2019,
entirely at your risk, cost, and consequence.
f)
Please
take this as a final opportunity to amicably resolve the matter within the
stipulated time.
This notice is issued without prejudice
to my Client’s rights and remedies, available under law and in equity.
Thanking you,
Yours faithfully,
Sanjib Saha
Advocate
High Court Calcutta
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