Reply Letter

 

 

By Registered Post / Speed Post / Ordinary Post / Email

 

WITHOUT PREJUDICE

 

Date: 26^th day of August’ 2026

To
Mr. Prashanta Kayal, Advocate
Alipore Judges’ Court,
District Bar Association,
Kolkata – 700027.

Also at:
Village Ganesh Khariberia,
P.O. & P.S. Bishnupur,
District South 24-Parganas,
Pin – 743503.

 

Re: Reply to your purported undated and unsigned legal notice issued on behalf of M/s. Bag and Sons Group, 548, Diamond Harbour Road, Behala Manton, Kolkata – 700034, Ward No. 130, demanding payment of ₹13,000/-

Sir,

Under instructions from and on behalf of my client, Smt. Tapti Das, residing at P-26, Dr. A.K. Paul Road, Purba Pally, Behala, Kolkata – 700034, I hereby issue the present reply to the purported legal notice sent by you on behalf of your alleged client, M/s. Bag and Sons Group;

 

At the outset, my client categorically denies and disputes each and every allegation, assertion, insinuation and demand contained in the purported notice, save and except those matters which are specifically admitted herein. Nothing stated in your notice shall be deemed to have been admitted merely because the same has not been specifically traversed in identical language.

 

 

1. My client states that the document received by her is ex facie irregular, incomplete and highly suspicious. The purported notice does not bear any date of issuance and, more importantly, does not contain the signature of the learned Advocate by whom it purports to have been issued. An undated and unsigned communication cannot ordinarily be treated as a duly authenticated legal notice or relied upon to impose any liability, determine any limitation period, or threaten civil or criminal proceedings against its recipient.

 

2. Although a postal article appears to have been dispatched on or about 21 August 2026 and delivered on 24 August 2026, the purported notice itself contains no date. Therefore, its actual date of preparation and issuance cannot be ascertained from the document. The absence of the Advocate’s signature further raises a serious question concerning its authorship, authenticity and legal validity.

 

3. Without prejudice to the aforesaid preliminary objection, my client states that the monetary demand made in the purported notice is wholly false, misconceived and unsupported by the banking records. The agreed price of the two appliances referred to in the notice was ₹26,000/-. The entire consideration was remitted in two equal instalments of ₹13,000/- each against the concerned purchase and invoices.

 

4. The first sum of ₹13,000/- was debited on 6 May 2025 in favour of “bagandsons@axl” through UPI transaction/reference No. 549201789146. The relevant banking record expressly identifies the beneficiary bank as HDFC Bank Limited and records the completed debit against the said beneficiary.

 

 

 

 

 

5. A further sum of ₹13,000/- was debited on 8 May 2025 in favour of “bagandsons@ybl” through UPI transaction/reference No. 549426830931. This transaction also identifies HDFC Bank Limited as the beneficiary bank and records the debit of ₹13,000/-.

 

6. Thus, the banking records establish that an aggregate sum of ₹26,000/- stood debited in two instalments of ₹13,000/- each against the purchase in question. My client was consequently entitled to presume, and continues to bona fide believe, that both payments were duly processed and paid to your client against the prescribed invoices.

 

7. Significantly, the documents accompanying the purported notice include a Final Receipt bearing No. 361, apparently issued on behalf of M/s. Bag and Sons Group, acknowledging receipt of ₹13,000/- and describing it as “Final Payment in terms of this order.” This document materially contradicts the subsequent assertion that an amount remains unpaid and calls upon your client to explain its own contemporaneous receipt and accounting records.

 

8. Your notice alleges that the first transaction dated 6 May 2025 was not credited to the account of your client. However, no certified bank statement of M/s. Bag and Sons Group, no transaction-failure report, no UPI dispute report, no reversal advice, no complaint lodged with the beneficiary bank and no written confirmation from HDFC Bank have been enclosed in support of that allegation.

 

9. A mere oral or unilateral assertion that an amount was not credited does not establish that the purchaser failed to make payment, particularly when the payer’s banking records show a successful debit with identifiable transaction numbers. If your client claims that a debited amount was not ultimately credited to its account, the matter requires reconciliation through the concerned banks and the UPI/payment service providers. It does not automatically create a fresh liability against my client to pay the same amount for a second time.

 

10. Your notice is also internally inconsistent. Paragraphs 3 and 4 appear to allege that both transactions of ₹13,000/- each were not credited, whereas the ultimate demand is confined to only one sum of ₹13,000/-. Moreover, paragraph 4, while referring to the transaction dated 8 May 2025, proceeds to describe the allegedly uncredited transaction as being dated 6 May 2025. Such material contradictions render the allegations vague, uncertain and incapable of constituting a lawful or sustainable demand.

 

11. The purported allegations of “mal-practice and fraud” are emphatically denied. Such serious expressions have been used without disclosing any factual foundation, dishonest representation, forged document, manipulated banking instruction, wrongful gain, or corresponding wrongful loss attributable to my client.

 

12. My client neither made any false representation nor practised any deception upon your client. She caused the payments to be remitted through established banking channels, and the relevant amounts were debited with traceable UPI references. The allegation of fraud is therefore reckless, unfounded and potentially defamatory.

 

13. If the receiving bank or payment intermediary failed to settle or correctly account for a transaction despite debit from the payer’s account, your client must first approach its own banker and the concerned payment service provider with the UPI transaction/reference numbers. Your client cannot, without completing such reconciliation and without disclosing its own authenticated account records, compel my client to make duplicate payment.

 

 

14. Your client is hereby called upon to furnish the following documents within seven days from receipt of this reply;

 

a. A complete and duly certified statement of the beneficiary bank account for the period from 5 May 2025 to 15 May 2025;

 

b. Written confirmation from HDFC Bank Limited stating that UPI reference Nos. 549201789146 and/or 549426830931 were not credited;

 

c. Copies of all complaints or disputes lodged by your client with its banker, UPI service provider, NPCI or any other competent authority;

 

d. The transaction status or reconciliation report corresponding to both UPI references;

 

e. Copies of the prescribed tax invoices, ledger account, cashbook and payment-receipt register concerning the transaction with my client;

 

f. An explanation regarding Final Receipt No. 361 acknowledging ₹13,000/- as the final payment; and

 

g. A properly dated and authenticated copy of the notice bearing the signature of the Advocate alleged to have issued it.

 

15. Until the aforesaid records are produced and the banking transactions are properly reconciled, your client has no lawful basis to demand any further payment from my client. The demand for ₹13,000/- is accordingly rejected.

 

16. Your client is further called upon to withdraw the false, unsubstantiated and insinuating allegations of malpractice and fraud and to issue a written confirmation that no further amount is presently recoverable from my client, subject to verification by the concerned banks.

 

17. Your client is cautioned against initiating vexatious proceedings, making defamatory statements, or employing coercive measures to recover an amount already shown as debited through banking channels. If any frivolous civil or criminal proceeding is initiated on the basis of incomplete or suppressed records, my client shall contest the same at your client’s sole risk as to costs and consequences and shall be entitled to seek appropriate compensatory and other reliefs in accordance with law.

 

18. Nevertheless, to facilitate a bona fide reconciliation and without acknowledging any debt or liability, my client remains willing to cooperate with a formal bank-level investigation into the two UPI transactions, provided your client simultaneously produces its certified bank statement and relevant transaction reports.

 

19. The present reply is issued without prejudice to all rights, remedies, objections and contentions available to my client in law and equity, all of which are expressly reserved.

 

You are therefore requested to advise your client appropriately, withdraw the untenable demand and supply the documents sought herein within seven days from receipt of this reply. In default, my client shall presume that your client has no documentary foundation for its allegations and shall take such steps as may be advised for the protection of her rights, reputation and interests, without any further reference.

A copy of this reply is retained in my office for future reference.

 

Yours faithfully,

 

Sanjib Saha

Advocate

High Court Calcutta

 

Copy to;

 

M/s. Bag and Sons Group, 548, Diamond Harbour Road, Behala Manton, Kolkata – 700034, Ward No. 130.

 

{for information & necessary action only}.