By Registered Post / Speed Post /
Ordinary Post / Email
WITHOUT PREJUDICE
Date: 03rd August, 2026
To
(1) M/s. Ideal Real Estates Private
Limited
Having its Registered & Corporate Office at
Premises No. 50, Jawaharlal Nehru Road,
11th Floor, Kolkata – 700071, West Bengal.
Phone: +91 33 2282 1548/ 0513/5410
Email:
idealrocfilings@gmail.com
(2) Nakul Himatsingka, (DIN: 00114503), Director,
M/s.
Ideal Real Estates Private Limited
Having its Registered & Corporate Office at
Premises No. 50, Jawaharlal Nehru Road,
11th Floor, Kolkata – 700071, West Bengal.
Phone: +91 33 2282 1548/ 0513/5410
Email:
idealrocfilings@gmail.com
(3) Anuj Tulsyan, (DIN: 00114550),
Director,
M/s.
Ideal Real Estates Private Limited
Having its Registered & Corporate Office at
Premises No. 50, Jawaharlal Nehru Road,
11th Floor, Kolkata – 700071, West Bengal.
Phone: +91 33 2282 1548/ 0513/5410
Email:
idealrocfilings@gmail.com
Sub: Legal Notice calling upon
you to hand over peaceful vacant possession and execute & register the Deed
of Conveyance in respect of Flat No. 5A, Block-D, "Ideal Exotica",
free from all encumbrances, or alternatively refund the entire consideration
received together with interest, damages and compensation on account of
suppression of material facts, breach of contractual obligations and unfair
trade practice.
Sir/s,
Under instructions and on
behalf of my client, M/s. Signatures Advertising Private Limited, a Company incorporated under
the provisions of the Companies Act, having its Registered Office at Premises
No. 174/1, Raja Ram Mohan Roy Road, Kolkata – 700008, represented by its
Director Mr.
Barun Kumar Ghosh, Son of Late Sujit Kumar Ghosh, residing at
Premises No. 693, Kasta Danha Road, Sarsuna, South 24 Parganas, Kolkata –
700061 (hereinafter referred to as "my Client"), I hereby serve upon
you the following Legal Notice;
1. That you represented yourself
to be the absolute owner and lawful Promoter in respect of the land more fully
described in Schedule-H of the Agreement for Sale and represented that you had
developed a premium residential housing project under the name and style of "Ideal Exotica",
situated at Premises No. 21, Parmartha Chowdhury Sarani, Ward No. 81, Police
Station New Alipore, Kolkata-700053.
2. That relying upon your
representations, assurances, declarations and contractual promises, my Client
entered into an Agreement for Sale with you during the year 2024 in respect of
Residential Flat No. 5A, Block-D, situated on the 5th Floor together with two
open car parking spaces. The Apartment comprises (a) Carpet Area :
approximately 1829 Sq. Ft. (b) Exclusive Balcony/Terrace : approximately 150
Sq. Ft. (c) Servant Quarter : approximately 74 Sq. Ft.(d) Built-up Area :
approximately 2212 Sq. Ft. (e) Super Built-up Area : approximately 3030 Sq.
Ft., forming part of your residential complex known as Ideal Exotica.
3. Under the said Agreement, you
expressly represented and warranted, inter alia, that (a) you were the lawful
owner and Promoter of the Project; (b) the Project had been duly sanctioned by
the Kolkata Municipal Corporation; (c) the Building Plan had been sanctioned
vide Sanction No. 2013100161 dated 27.09.2013 and thereafter duly revalidated
and regularized from time to time; (d) Completion Certificate dated 23.04.2021
had already been issued by the Kolkata Municipal Corporation; (e) the Project
had been duly registered with the West Bengal Housing Industry Regulatory
Authority (WBHIRA) under Registration No. HIRA/P/KOL/2018/000177; (f) the
Apartment was fully completed and ready for possession; (g) possession would be
handed over immediately upon compliance of contractual obligations by the
Allottee; (h) the Apartment would be conveyed free from legal impediments; (i)
the Promoter had undertaken not to alter the sanctioned plan except in
accordance with law; (j) the Promoter specifically undertook to compensate the
Allottees in case any loss was suffered on account of defective title or
suppression of material facts.
4. That the total agreed
consideration for the said Apartment Unit together with the appurtenant rights,
amenities and two (2) open car parking spaces was fixed at Rs.2,80,64,000/- (Rupees Two
Crore Eighty Lakhs Sixty Four Thousand only) in terms of the
Agreement for Sale. The payment schedule incorporated in the Agreement
contemplated that the consideration amount would be paid in stages,
corresponding to the progress of the transaction, and my Client has at all
material times scrupulously adhered to its financial obligations under the
Agreement. My Client has never been a defaulter and has always remained ready
and willing to perform every covenant and obligation incumbent upon it.
5. That acting upon your
unequivocal representations, warranties, assurances and contractual promises,
my Client, reposing utmost faith and confidence in your reputation as a reputed
real estate developer and believing your repeated representations that the
Project was duly sanctioned, completed, registered under the applicable
statutory enactments and that the Apartment would be conveyed with clear,
marketable and unencumbered title, invested an enormous amount of its
hard-earned funds towards the purchase of the said Apartment Unit.
6. It is most significant to state
that the payments made by my Client were not confined merely to the initial
booking amount. Rather, from time to time, over a continuous period extending
from 19th
October, 2020 till 31st March, 2026, my Client made substantial
payments through recognised banking channels, including transfers through Union
Bank of India, Axis Bank, ICICI Bank and HDFC Bank as demanded by you and
accepted without any protest or reservation whatsoever.
7. The particulars of the payments
made by my Client are reproduced hereinbelow for ready reference;
|
Date |
Mode / Bank |
Amount (Rs.) |
|
19.10.2020 |
UBI
– SAPL |
1,00,000.00 |
|
06.11.2020 |
UBI
– SAPL |
3,20,000.00 |
|
26.12.2020 |
Axis
Bank |
8,10,000.00 |
|
29.12.2020 |
Axis
Bank |
16,00,000.00 |
|
30.12.2020 |
Axis
Bank |
3,00,000.00 |
|
21.01.2021 |
Axis
Bank |
1,30,000.00 |
|
27.07.2021 |
ICICI
Bank |
14,50,000.00 |
|
27.07.2021 |
ICICI
Bank |
9,75,000.00 |
|
27.08.2021 |
Axis
Bank |
9,95,000.00 |
|
04.09.2021 |
Axis
Bank |
4,60,000.00 |
|
27.12.2021 |
ICICI
Bank |
15,90,000.00 |
|
28.12.2021 |
ICICI
Bank |
1,00,000.00 |
|
02.03.2022 |
ICICI
Bank |
4,56,000.00 |
|
25.08.2022 |
Axis
Bank |
5,00,000.00 |
|
23.05.2023 |
ICICI
Bank |
21,00,000.00 |
|
14.01.2025 |
RTGS
– Axis Bank |
2,50,000.00 |
|
26.03.2025 |
RTGS
– ICICI Bank |
20,00,000.00 |
|
27.05.2025 |
RTGS
– HDFC Bank |
18,00,000.00 |
|
04.07.2025 |
RTGS
– HDFC Bank |
10,00,000.00 |
|
04.07.2025 |
RTGS
– HDFC Bank |
6,00,000.00 |
|
28.07.2025 |
RTGS
– HDFC Bank |
15,70,000.00 |
|
03.09.2025 |
RTGS
– HDFC Bank |
3,00,000.00 |
|
29.11.2025 |
RTGS
– HDFC Bank |
12,00,000.00 |
|
20.03.2026 |
RTGS
– HDFC Bank |
11,50,000.00 |
|
31.03.2026 |
RTGS
– HDFC Bank |
3,00,000.00 |
Grand Total Paid:
Rs.2,20,56,000/- (Rupees Two Crore Twenty Lakhs Fifty Six Thousand only).
8. The aforesaid payments
unmistakably demonstrate that my Client has already paid an overwhelming and
substantial portion of the total sale consideration, namely Rs.2,20,56,000/-,
which constitutes nearly 79%
of the total agreed sale consideration, leaving only a
comparatively insignificant balance amount payable strictly in accordance with
the terms of the Agreement and simultaneously with delivery of lawful
possession and execution of the Deed of Conveyance.
9. It is further pertinent to
state that every payment was made through traceable banking transactions and
duly received, accepted and appropriated by you without raising any objection
whatsoever. At no point of time did you allege any default, delay or breach on
the part of my Client. On the contrary, by continuously accepting the aforesaid
payments over a period of more than five years, you repeatedly affirmed and
acknowledged the subsistence and binding nature of the Agreement for Sale.
10.
Having
accepted such an enormous sum aggregating to Rs.2,20,56,000/- (Rupees Two Crore Twenty Lakhs
Fifty Six Thousand only) from my Client, you were under a
corresponding contractual, statutory and equitable obligation to complete the
transaction by delivering peaceful, vacant and physical possession of the
Apartment Unit and by executing and registering the Deed of Conveyance
conveying clear, marketable and unencumbered title in favour of my Client.
11.
Your
failure and neglect to discharge these solemn obligations, despite having
retained and utilized my Client's substantial funds for several years, has
caused severe financial loss, irreparable prejudice and grave hardship to my
Client. Such conduct is not only arbitrary, unreasonable and inequitable but
also constitutes a clear breach of the terms of the Agreement for Sale,
violation of your statutory obligations under the applicable real estate laws,
deficiency in service, unfair trade practice and a continuing breach of the
legitimate expectations and contractual rights vested in my Client.
12.
My
Client has, at all material times, demonstrated its bona fides by making
substantial payments as and when demanded by you and has consistently remained
ready and willing to perform the remaining part of the Agreement. It is,
therefore, wholly impermissible for you, after receiving almost the entire
consideration amount, to expose the very Apartment agreed to be sold to my
Client to proceedings arising out of any mortgage, charge or security interest
allegedly created in favour of any Bank or Financial Institution without prior
disclosure thereof. Such conduct strikes at the very root of the contractual
relationship and has completely eroded the confidence which my Client had
reposed in you at the time of entering into the Agreement for Sale.
13.
It
is pertinent to mention that the Agreement itself unequivocally records that
(i) the Building already stood completed; (ii) Completion Certificate had
already been obtained; (iii) possession was ready for delivery; (iv) the
Apartment would be handed over upon fulfillment of the contractual obligations;
and (v) title of the Apartment would be conveyed free from all legal
impediments. My Client has always been ready and willing to perform its
obligations under the Agreement and has repeatedly approached you for
completion of the transaction. However, despite repeated requests and
legitimate expectations, you failed and neglected to complete the transaction
in accordance with the Agreement.
14.
Shockingly
and to the utter surprise of my Client, it has recently come to his knowledge in
the month of June’ 2026, through a public
E-Auction Notice published by YES Bank Limited that at Serial No.17
thereof, the very property including the Apartment agreed to be sold to my
Client has been disclosed as a Secured
Asset of the Bank, you being the borrower. The publication of
the said E-Auction Notice has caused immense shock, apprehension and serious
prejudice to my Client.
15.
The
said E-Auction Notice unmistakably indicates that the Project and/or the
Apartment agreed to be sold to my Client has either been mortgaged or otherwise
subjected to security interest in favour of YES Bank Limited. Such disclosure
has given rise to serious questions regarding the marketability of title and
the legality of your actions.
16.
At
no point of time prior to execution of the Agreement, or thereafter, did you
disclose to my Client that (1) the Apartment had been mortgaged; (2) the
Project had been charged to any Bank or Financial Institution; (3) any security
interest existed; (4) any proceedings under the SARFAESI Act were contemplated;
and (5) the property was liable to be auctioned. Had such material facts been
disclosed, my Client would never have entered into the Agreement nor parted
with substantial amounts. The deliberate suppression of such material facts
amounts to (i) fraudulent concealment; (ii) material misrepresentation; (iii) breach
of contractual obligations; (iv) breach of statutory obligations under the Real
Estate (Regulation and Development) Act, 2016 and the West Bengal Housing
Industry Regulation Act; (v) unfair trade practice; (vi) deficiency in service;
(vii) breach of fiduciary obligations; (viii) breach of implied covenant of
good faith; and (ix) conduct rendering you liable for civil as well as other
legal consequences.
17.
If
indeed the Apartment agreed to be sold to my Client has been mortgaged, charged
or otherwise encumbered, you have committed a serious breach of your express
contractual representations and warranties. You cannot be permitted to defeat
the valuable contractual and proprietary rights accrued in favour of my Client.
18.
My
Client, even at this stage, without prejudice to all its legal rights and
contentions, is willing to complete the transaction provided you are able to
establish by documentary evidence that the Apartment agreed to be sold is
absolutely free from every nature of encumbrance, charge, lien, mortgage,
attachment or third-party interest and that valid marketable title can lawfully
be conveyed.
19.
Accordingly,
you are hereby finally called upon to comply with the following demands within 15 (Fifteen) days
from the date of receipt of this Notice;
(a) To immediately disclose the
complete factual position regarding the mortgage, charge, lien or security
interest allegedly created in favour of YES Bank Limited or any other Bank or
Financial Institution.
(b) To furnish certified copies of
all relevant title documents, sanction letters, mortgage deeds, charge documents,
No Objection Certificates, release deeds, redemption documents or any other
document establishing that the Apartment is free from every encumbrance.
(c) If the Apartment is free from
every encumbrance, to immediately (i) hand over peaceful, vacant and physical
possession of Flat No.5A together with both open car parking spaces; (ii)
execute and register the Deed of Conveyance in favour of my Client; (iii)
deliver all original documents, Completion Certificate, Occupancy documents and
all other statutory papers; (iv) ensure that the title conveyed is absolute,
marketable and free from every charge, mortgage, lien or encumbrance
whatsoever.
20.
In
the alternative, if the Apartment is not free from any mortgage, charge, lien,
encumbrance or security interest, or if you are unable to convey clear and
marketable title, then you are hereby finally called upon to;
(i)
refund
the entire amount received from my Client;
(ii)
pay
interest thereon at the applicable banking rate together with the contractual
rate wherever applicable from the respective dates of payment until actual
realization;
(iii)
compensate
my Client by paying a further sum of Rs.1,00,00,000/-
(Rupees One Crore only) towards compensation for financial
loss, harassment, mental agony, escalation in real estate prices, breach of
trust and deliberate suppression of material facts;
(iv)
reimburse
all legal costs and incidental expenses incurred by my Client.
Please take notice that unless
the above demands are fully complied with within 15 (Fifteen) days
from receipt of this Notice, my Client shall be constrained to initiate
appropriate legal proceedings against you before all competent forums including
but not limited to the appropriate Civil Court, the Consumer Commission, the
West Bengal Housing Industry Regulatory Authority (WBHIRA), the jurisdictional
High Court, and any other competent authority, as may be advised, seeking,
inter alia (a) Specific Performance of the Agreement for Sale; (b) Mandatory
Injunction directing execution and registration of the Conveyance; (c) Delivery
of peaceful vacant possession; (d) Declaration regarding the rights of my
Client; (e) Refund with interest; (f) Compensation and damages; (g) Costs of
litigation; (h) Attachment before judgment, if necessary; (i) Appropriate
interim and final reliefs; and (j) Any other civil, statutory and equitable
relief available in law.
My Client further reserves its
right to initiate such criminal proceedings as may be maintainable in law,
should the facts ultimately disclose dishonest concealment, fraudulent
inducement or any other penal offence.
This Notice is issued without
prejudice to all other legal rights, remedies and claims of my Client, all of
which are hereby expressly reserved.
You are therefore advised to
treat this Notice as final and govern yourselves accordingly.
A copy of this Notice is
retained in my office for future reference.
Yours faithfully,
Sanjib
Saha
Advocate
High
Court Calcutta
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