A-248, LGF, Defence Colony, New

ACHIN MITTAL Delhi-110024

Tel.: 011-41512266
Advocate Mob.: +91-9811112729
E-mail: achin.mittal13@gmail.com

DATE: 22.05.2020

By Speed-Post

To,

1. Aggarwal & Associates

Through its Director
Bharat Bhawan 10,
New Rajdhani Enclave, Vikas Marg,
New-Delhi-110092

2. Aditya Aggarwal
Bharat Bhawan 10,
New Rajdhani Enclave, Vikas Marg,
New-Delhi-110092

3. Ashish Aggarwal
Bharat Bhawan 10,
New Rajdhani Enclave, Vikas Marg,
New-Delhi-110092

4. Uma Aggarwal
Bharat Bhawan 10,
New Rajdhani Enclave, Vikas Marg,
New-Delhi-110092

Sub: LEGAL NOTICE ON BEHALF OF Mr. SAMIR SOIN,

DIVYANJALI SOIN AND SANJEET SHANKAR IN RESPECT
OF ISSUE FOR NOT PROVIDING THE PROPER
ELECTRICITY AND AIR CONDITIONING FACILITY AND
RECOVERY OF MONEY

Sir,

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 A-248, LGF, Defence Colony, New
ACHIN MITTAL Delhi-110024
Tel.: 011-41512266
Advocate Mob.: +91-9811112729
E-mail: achin.mittal13@gmail.com

Under instructions and on behalf of our Client’s Mr. Samir Soin r/o
________, Sanjeet Shankar and Divyanjali Soin r/o _________Regd.
Shop No. at AF-15, 16, 30 Aditya City Center, Plot No. (hereinafter
referred to as “our Client’s”). We hereby serve notice upon you the
above named Addressee.

1. This is to inform you that our client, Mr. Samir Soin is the legal
owner of the Shop No. at AF-15, 16, 30 Aditya City Center, Plot
No.-CGH-3, Vaibhav Khand, Indirapuram, Ghaziabad since
2015. Mrs. Divyanjali Soin and Mr. Sanjeet Shankar are the
daughter and son-in-law of Shri. Samir Soin and our running a
Dental Clinic namely ‘White Dental’ at the shop at mall
developed by you the noticee’s i.e. Aditya City Center.

2. That you, the Noticee No. 1, is a company registered and

incorporated under the provisions of the Companies Act, 1956
and have been engaged, inter alia, in the business of developing
real-estate having its Regd. Office at Bharat Bhawan 10, New
Rajdhani Enclave, Vikas Marg, Delhi-110092.

3. That for the purpose of setting up the dental clinic our clients
purchased the said property and made huge investments for
successfully running and maintaining hygiene at the place. The
maintenance and providing of basic electricity, water and clean
washroom facilities as per the documentation was the duty of
you the Noticee’s at a price decided by you the company or its
nominee.

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 A-248, LGF, Defence Colony, New
ACHIN MITTAL Delhi-110024
Tel.: 011-41512266
Advocate Mob.: +91-9811112729
E-mail: achin.mittal13@gmail.com

4. That as per the allotment agreement clause 18 our client’s had to

pay all the maintenance charges, security charges and other
charges to you, the Noticee No. 1, on time without any delay so
our clients could avail the common facilities in the building such
as Lift Facility, Air Conditioning Facility, Electricity Facility, Water
Facility, Security Facility, etc. The relevant clause of allotment
agreement is reproduced below;

18. The Allottee agrees and consents to the arrangement

of the maintenance, upkeep, repairs, security etc. of the building
and all common facilities in the building, in being orgainsed by
the Company or its nominee. The Allottee shall pay maintenance
charges which will be fixed by company or its nominee from time
to time depending upon the maintenance cost. In addition to
maintenance charges there will be contribution to the
Replacement Funds etc. Any delay in payments will make the
Allottee liable to pay interest @ 18% per annum on amount of
demands on such account. Non-payment of any of the charges
within time specified shall also entail withdrawal of all services,
disconnection of electricity & water supplies and restriction of
usage of common passages & services etc.

5. Our client from time to time on demand has been duly paying the
maintenance charges alongwith electricity charges despite the
fact that the charges are fixed unilaterally without any basis
whatsoever.

6. However, to the utter shock and surprise of our clients, you the

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 A-248, LGF, Defence Colony, New
ACHIN MITTAL Delhi-110024
Tel.: 011-41512266
Advocate Mob.: +91-9811112729
E-mail: achin.mittal13@gmail.com

noticee’s failed to provide the basic maintenance facilities

resultantly causing huge monetary losses to our clients. Regular
theft in the complex was a routine, the compressor of the AC’s
never operated resultantly leading to adverse working conditions,
and the washrooms were unhygienic whereby our client’s visitors
were unable to utilize them. Our clients being in the profession of
providing dental facilities requires high degree of cleanliness,
thus your inability has continuously caused huge monetary loss
and mental harassment to our clients.

7. That our clients from time to time informed you the Noticee’s
about the prevailing issues telephonically and through mails
Several emails over the past couple of years were written,
however you the Noticee’s have failed to abide by your part of
the contract despite enjoying monthly gains. Due to the immoral
behavior of yours, the Noticee’s of not providing proper and
effective functioning of the AC’s, regular complaints from our
clients customers were raised leading to loss of goodwill and
reputation.

8. Furthermore, it is a settled proposition of law that the

maintenance other amenities charges collected by the builder
cannot be whimsical and shall be directly dependent on the
actual expenses. However, it has come to the knowledge of our
clients that there is a discrepancy in the charges levied from
various owners of the complex. This act of you the noticee’s is
totally contrary to law.

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 A-248, LGF, Defence Colony, New
ACHIN MITTAL Delhi-110024
Tel.: 011-41512266
Advocate Mob.: +91-9811112729
E-mail: achin.mittal13@gmail.com

9. It is further pertinent to mention that you the Noticee’s without

any basis have been charging electricity charges that too on
prepaid basis, whereby if there is a slight delay on account of
your failure of providing basic amenities, our electricity was
disconnected. This act of yours is further violative of Article 19 of
the Constitution restricting in our clients fundamental right to
work. Further during the current lockdown it was noted that
despite non-utilization of any facilities including electricity you
have continued to charge electricity charges without any basis
and raised bills, which are contrary to record. You the noticee’s
have exercised your position of power and our clients having no
other option have been treated unfairly leading to monetary
losses and mental harassment.

10. It is stated that our clients was shocked and surprised that
despite the knowledge of various issues faced by our client, you
the Noticee’s were unable to rectify the same. To prevent the
frequent complaint made by my client and damages of patients’
health and suffering the same significances in loss of monetary
terms my client proposed the following changes for your
consideration, the Noticee No. 1: -

a). No longer depend on your Air conditioning cooling

Services and request you to separate and reduce my client
Maintenance to Non-AC Maintenance Rates.

b). Provide a separate meter for electricity Monitoring and

maintenance.

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 A-248, LGF, Defence Colony, New
ACHIN MITTAL Delhi-110024
Tel.: 011-41512266
Advocate Mob.: +91-9811112729
E-mail: achin.mittal13@gmail.com

c). Provide extra 10 KVA of Load for my client to make his

own Ac arrangement.

11. You, the noticee’s never reverted back any of our client’s
proposed changes. You, the Noticee No. 1 further made false
assurance to my client and never took any steps to resolve the
same. When our client contacted you in respect of the proposed
changes you, the Noticee No. 1 started avoiding our client and
stopped picking his calls. Our client was constrained to issue you
various reminders which remained unanswered for the reasons
best known to you. Our client paid several visits at your office but
you the Noticee’s started avoiding him and resorted to
implausible excuses to avoid him. On several occasions you
sought grace of one or two days for considering to taking the
steps for resolving the issues and on the proposed changes
given by my client, but that turned out to be more delay tactics
and you continued to remain in belligerent default.

12. From the aforesaid conduct of yours it appears that all your
promises/ representations were mere ruse to make our client
believe about your alleged honesty. You, the Noticee No. 1 have
fraudulently and dishonestly induced my client by giving a false
impression of your genuineness which causing thereby a
wrongful loss to our client and wrongful gain to yourself.

13. You, the Noticee No. 1, proclaim yourself to be a big name in the
real estate sector, must be well aware of the settled position of

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 A-248, LGF, Defence Colony, New
ACHIN MITTAL Delhi-110024
Tel.: 011-41512266
Advocate Mob.: +91-9811112729
E-mail: achin.mittal13@gmail.com

law that “there can be no contract which could defeat the

provision of any law” and “one cannot take advantage of his own
wrong”.

14. You, the Noticee No. 1, have acted in a manner with our Client
which amount to, inter alia, committing breach of trust, cheating
etc. under the relevant penal laws.

15. All these defaults and acts on the part of you, the Noticee’s, calls
for penal action for the offence of cheating under section 417,
418, 420, 422 of the Indian Penal Code, 1860 beside action
under the relevant provisions of civil law.

I, therefore, on behalf of my client, hereby call you upon to

make the payment of Rs. ________________, immediately within a
period of 15 days from the date of receipt of this notice. Furthermore,
allow our client to have his own electricity connection independent of
the current structure and properly maintain all other facilities in the
mall. In case after the receipt of notice you default in making the
payment and correct the prevailing issues, we have clear and specific
instruction to pursue all or any available legal remedy in the nature of
criminal and/or civil proceedings on behalf of my aforesaid client,
without any further reference to you. Needless to mention that the
same shall be at your risk, cost and consequences.

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 A-248, LGF, Defence Colony, New
ACHIN MITTAL Delhi-110024
Tel.: 011-41512266
Advocate Mob.: +91-9811112729
E-mail: achin.mittal13@gmail.com

Copy of this notice is kept in my office for future reference and

records.

ACHIN MITTAL

ADVOCATE

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