| Address: | Bangalore, Karnataka |
Sir/Madam,
I under signed Shri. B M Krishnamurthy is hereby issued a legal Notice to recover the amount of Rs.250000/- (Rs.Two lakh fifty thousand only) on Dishonour of Cheque No.515196 within 30 days period with interest and compensation. The payment shall be made only through a Demand Draft on or before date: 11/03/2015. The details of the Legal Notice are as below –
I B M Krishnamurthy had booked a 2 BHK Flat bearing No. 513 measuring 900 square feet in the project DREAMZ SAMARPIT on dated:10/08//2014 for a sum of Rs.1762500/-(Rs. Seventeen lakh sixty two thousand five hundred only) on SCHEDULE `A` Property opposite to Manyata Teck.Park Hebbal. The details of the SCHEDULE `A` Property are as follows:-
ITEM No. I
All that Piece and Parcel of the property bearing survey No. 77/6, measuring to an extent of 0-22 Guntas out of 1 Acre 06 Guntas situated at Nagavara Village, Kasaba Hobli, Bengluru North Taluka, and bounded as on:
East by : Remaining portion of the same survey number.
West by : Property bearing SY.No. 77/5.
North by: Property bearing SY.No. 77/4.
South by: Property bearing SY.No. 24 now road.
ITEM No.II
All that Piece and Parcel of the property bearing survey No. 77/6, measuring to an extent of 0-12 Guntas out of 1 Acre 06 Guntas situated at Nagavara Village, Kasaba Hobli, Bengluru North Taluka, and bounded as on:
East by : Property bearing SY.No. 77/7.
West by : Remaining portion of the same survey number -
North by: Property bearing SY.No. 77/4.
South by: Property bearing SY.No. 24 now road.
ITEM No.III
All that Piece and Parcel of the property bearing survey No. 77/6, measuring to an extent of 0-12 Guntas out of 1 Acre 06 Guntas situated at Nagavara Village, Kasaba Hobli, Bengluru North Taluka, and bounded as on:
East by : Remaining portion of the same survey number
West by : Remaining portion of the same survey number
North by: Property bearing SY.No. 77/4.
South by: Property bearing SY.No. 24 now road.
M/S. Dreamz Infra India pvt Ltd had promised to start execution in three months and give possession of finished Flats within 18 months from the date of booking.
At the time of booking on dated: 10/082014 Sunday night Mr. Surya Introduced himself as one of the Director of the company had promised to make sale agreement directly if I pay 30% of the Flat value, against that he took Rs. 500000/-(Rs.Five lakh only)-at once vide cheque bearing No.079874 dated: 10/08/2014 for Rs.200000/-(Rs. Two lakh only) and one post dated cheque No.079875 dated: 13/08/2014 for Rs.300000/-(Rs.Three lakh only) drawn on State Bank Of India, Vidyaranyapura branch on date.10/08/2014.
On realization of Cheque No. 079874 dated: 10/08/2014 for Rs.200000/-(Rs. Two lakh only) the
M/S. Dreamz Infra India pvt Ltd delivered the documents pertaining to SCHEDULE `A` Property hardly half a day left to consult a property expert Lawyer, the cheque No.079875 dated 13/08/2014 for Rs.300000/-(Rs.Three lakh only) was cleared by M/S. Dreamz Infra India pvt Ltd.
After I consulted a Property expert Lawyer I came to know that the MOU was made between the Land Owner and M/S. Dreamz Infra India pvt Ltd on dated: 30/07/2014 by paying token advance to the owner of the land. The MOU were in force between the parties for a period of three months i.e. Up to 29/10/2014 on conditions of extension with the mutual consent of the parties. So legally sale agreement could not be executed by M/S. Dreamz Infra India pvt Ltd with me as promised to me. I was cheated by M/S. Dreamz Infra India pvt Ltd by false promise.
M/S. Dreamz Infra India pvt Ltd neither intimated renewal of MOU between the owner of the property and M/S. Dreamz Infra India pvt Ltd which was supposed to be expired on dated: 29/10/2014 nor started execution of the Flat on the said scheduled land. On enquiry no satisfactory reply was received from M/S. Dreamz Infra India pvt Ltd and reluctant to answer any quarries with proper documents and proof of evidence. It clearly indicates the said builder intention was to make money by offering Flats at low prices with rebates and collecting money from the public and cheating.
By the above facts and ground realities it was confirmed that M/S. Dreamz Infra India pvt Ltd will not keep the promise of allotting a finished Flats and only enjoying the public money collected. I have been compelled to take decision of canceling the Flat on fear of losing my money and remained a dream of owning a Flat in to a reality.
On dated: 04/11/2014 I cancelled my Flat by handing over all the documents along with the prescribed Cancellation Letter of M/S. Dreamz Infra India pvt Ltd.
After approximately 20 days of my cancellation I have received two post dated cheques from M/S. Dreamz Infra India pvt Ltd bearing No.515196 dated: 11/02/2015 drawn on State Bank Of India, Koramanagala, Bengaluru for Rs.250000/--(Rs.Two lakh fifty thousand only) and No.515197 dated: 12/02/2015 for Rs.257187/--(Rs. Two lakh fifty seven thousand one hundred eighty seven only).
I submitted the cheque No. 515196 dated: 11/02/2015 issued by M/S. Dreamz Infra India pvt Ltd against refund of my money against cancellation of Flat to my State Bank Of India, Vidyaranyapura, Bengaluru branch on date:11/02/2015.
I regretted to inform you that the post dated cheque received from M/S. Dreamz Infra India pvt Ltd bearing No.515196 dated: 11/02/2015 drawn on State Bank Of India, Koramanagala, Bengaluru for Rs.250000/--(Rs.Two lakh fifty thousand only) against refund amount of my money on cancellation of Flat were dishonored and the said cheque was bounced.
My banker, State Bank Of India, Vidyaranyapura branch have returned the cheque deposited along with a BANK RETURN MEMO for the cheque No. 515196 date;12/02/2015 on date:12/02/2015 stating `Account Closed` under code No.50.
Hence I am here by issued a LEGAL NOTICE of 30 days starting from today ie.12/02/2015 to M/S. Dreamz Infra India pvt Ltd to return my payment of Rs.500000/-(Rs. Five Lakh only) made against booked a 2 BHK Flat bearing No. 513 measuring 900 square feet in the project DREAMZ SAMARPIT on dated:10/08//2014 and subsequent CANCELLATION OF FLAT on dated: 04/112014 along with interest of 24% from the date of booking of a Flat and compensation for your failure to deliver your promise, through a Bankers Demand Draft within the Notice period.
If no response or payment received within the NOTICE PERIOD of 30 days. I will reserve my right to file a criminal complaint under section 138 of the Negotiable instrument ACT / file a complaint Under section 12 of the Consumer Protection Act, 1986 / file a case of cheating under section 420 of the Indian Penal Code against M/S. Dreamz Infra India pvt Ltd.
Place: Bangalore
Date: 12/02/2014.
B M Krishnamurthy Was this information helpful? | 
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