Notice Consumer

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Fr o m ,
T H E O F F I C E OF:
RA K S H I T S A RA N , Advocate .
[ E X - A S S O C I AT E : B . & C O . A D V O C AT E S ,
S U P R E M E C O U RT O F I N D I A . ]
[CIVIL BAR BUILDING,
C I V I L C O U RT S , B A DA U N ]
{OFFICE & RESIDENCE.}
O F F I C E R S ’ C O LO N Y , C I V I L L I N E S ,
B A DA U N - 2 4 3 6 0 1 .
P h . N o. - ( 0 5 8 3 2 ) 2 6 8 1 1 1 ( Re s i d e n c e ) .
+919837373877(cell).
E m a i l : r a ky s a r a n @ y a h o o. c o. i n
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To:
BALDAU BUILDWELL DEVELOPERS PVT. LTD., HEAD OFICE AT 2/12

MAA BHAWAN, VIBHUTI KHAND, GOMTI NAGAR, LUCKNOW-
226010; BUT PRESENTLY AT C- 3/75, KANCHAN TOWER, VIBHUTI
KHAND, GOMTI NAGAR, LUCKNOW; THROUGH ITS MANAGING
DIRECTOR/ PRINCIPAL OFFICER.
SUBJECT: LEGAL NOTICE FOR RETURN OF TITLE DEEDS.
Dear notice recipients,
Under the instructions received from & on behalf of my client

namely SMT. SHWETA, W/O. SH. SANDEEP SHRIVASTAVA, R/O. NEAR
HAYAT BAR, 22-24, TIRUPATI VIHAR, IZZARNAGAR, BAREILLY- 243122;
herein after referred to as 'my said client', I am to serve you with
following legal notice, for return of title deeds.
1.That my said client had booked a flat whose particulars are as follows:
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Flat number-401, floor number-4th, flat type-2 BHK, area flat-

1100 ft², situated in Baldau Residency, at Khasra number
695, Uttardhauna, Faizabad Road, Lucknow.
2.That the total cost of the aforementioned flat was to be rupees

25,30,000.00, in which electrification charges and power backup
charges were also included.
3.That my said client had paid booking amount of rupees 5,00,000.00

through 2 cheques number 000005 & 010722 both dated 03.08.2016,
drawn on HDFC bank Varanasi & Union Bank Of India Gorakhpur.
4.That accordingly, an agreement to this effect was executed in between

you and my said client on 6th of August 2016 at Lucknow.
5.That thereafter my said client has made following payments, in respect

of the aforementioned flat:
A. ₹ 50,000.00 on 19th of September 2016.
B. ₹ 50,000.00 on 14th of October 2016.
C. ₹ 1 lakh on 24th of November 2016.
D. ₹ 1 lakh on 10th of December 2016.
E. ₹ 50,000 on 20th of January 2017.
F. ₹ 50,000 on 27th of February 2017.
G. ₹ 1 lakh on 13th of April 2017.
6.That thereafter my said client along with her husband had gone to
inspect the aforementioned flat, upon which it was discovered that
the total carpet area of the flat was 595.00 ft² and not 1100.00 ft², as
written in the agreement dated 06.08.2016.
7.That the same was protested by my said client, upon which she was
told that the remaining area (apart from the carpet area) is the super
built-up area.
8.That neither any such term and condition was agreed to nor explained
to my said client nor it was written in the agreement dated
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06.08.2016, as executed in between my said client and you notice

recipient.
9.That apart from the aforementioned, you notice recipient are not
entitled to charge the price of super built-up area from my said client,
which is a clear violation of the provisions of RERA act.
10.That besides the aforementioned conduct of you notice recipient, not

just amounts to deficiencies in services but also unfair and restrictive
trade practices.
11.That as such my said client does not wish to continue with the
agreement dated 06.08.2016 and does not wish to purchase the flat
as detailed in paragraph number 1 of my legal notice.
12.That my said client had already conveyed her intentions to you notice
recipient and had demanded back her money or else charge her as
per the actual carpet area.
13.That however despite being intimated, you notice recipient have

neither agreed to charge my said client as per the actual carpet area
nor returned ₹ 10 lakhs, paid by my said client.
14.That as already submitted earlier, the aforementioned attitude of you

notice recipient, not just amounts to deficiencies in services but also
unfair & restrictive trade practices, as my said client has been a
consumer of your services.
15.That through the present legal notice my said client wishes to inform
you notice recipient that she either ought to be charged on the basis
of actual carpet area of 595.00 ft² or else refund rupees 10 lakhs,
along with 12% per annum interest.
In the circumstances mentioned above, you notice recipient, are here by

called upon by way of present legal notice to to either refund ₹ 10 lakhs
along with 12% per annum interest or charge as per the actual carpet
area of the flat, within a fortnight of receipt of this legal notice, besides
damages for mental harassment & agony to the tune of rupees
50,000.00 as well as the cost of this legal notice of rupees 2,000.00,
within a fortnight of receipt of this legal notice.
Needless to say that in the event of your failure to do so, my said client
shall be constrained to invoke appropriate legal remedies in a court of
competent jurisdiction against you; at your cost, risk and liability.
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Yours truly,
Dated. Friday, January 24, 2020.
Rakshit Saran, advocate.

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1

BALDAU BUILDWELL DEVELOPERS PVT. LTD., HEAD OFICE AT 2/12

SUBJECT: LEGAL NOTICE FOR RETURN OF TITLE DEEDS.

Dear notice recipients,

Under the instructions received from & on behalf of my client

Flat number-401, floor number-4th, flat type-2 BHK, area flat-

2.That the total cost of the aforementioned flat was to be rupees

3.That my said client had paid booking amount of rupees 5,00,000.00

4.That accordingly, an agreement to this effect was executed in between

5.That thereafter my said client has made following payments, in respect

A. ₹ 50,000.00 on 19th of September 2016.

B. ₹ 50,000.00 on 14th of October 2016.

C. ₹ 1 lakh on 24th of November 2016.

D. ₹ 1 lakh on 10th of December 2016.

E. ₹ 50,000 on 20th of January 2017.

F. ₹ 50,000 on 27th of February 2017.

G. ₹ 1 lakh on 13th of April 2017.

06.08.2016, as executed in between my said client and you notice

10.That besides the aforementioned conduct of you notice recipient, not

13.That however despite being intimated, you notice recipient have

14.That as already submitted earlier, the aforementioned attitude of you

In the circumstances mentioned above, you notice recipient, are here by

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