Notice.
My client 7, has instructed me to address to you viz. To mr. Santosh sawlaram parab, joint president of vision e mall corporation having its office at 17, devshree garden, r. W. Savant marg, near majiwada flyover, thane 400 601 as under:-
That the memorandum o[censored]nderstanding (Herein referred to as mou) dated 21st february 2013 entered into between you as joint secretary of vison e mall corporation and my client.
In brief the recitals of mou are that a) your are carrying on business of development of plots, selling plots and sub-plots of land at various places…; (B) you have purchased land bearing survey numbers as described in mou at village sarangpuri taluka shahpur for the project known as vmc vihang city; (C) you as first party "seller" agreed to sell to purchaser i. E. To the second party the plot of land bearing 06 number in the property: (D) as per clause 4 of mou, my client (Purchaser) has paid rs.2, 10, 000/- the booking amount. It was agreed that balance amount will be paid in installment of rs, 6, 000/- in 60 months. (E) by back provision is stipulated in para 7 of the said mop. As per said clause the purchaser - second party has right to go for premature closure and surrender of plot if he is regular payer at least till 24 months.
As per clause 4 of mou, my client has paid post dated cheques of rs.6, 000/- towards the monthly installment amount. As per the said account till 15/10/2014 an amount of rs. 1, 38, 000/- towards post dated cheques are received by the bank from my client. Thus the total amount of rs. 138.000 + 2, 10, 000/- = rs. 3, 48, 000/- are received by vision e mall corporation i. E. By you.
My client has however availed of the provision of premature closure as per clause no.7 of the mou agreement dated 21/2/2013 and submitted letter dated 31/10/2014 to you requesting you for cancellation i. E. For premature closure of her account with you for plot no.6 as per above said mou and to pay back her amount.
My client states that said request has been considered by you and you intimated to my client by letter dated 17/03/2015 that you shall make payment of rs. 4, 07, 160/- i. E. Rs. Four lakh seven thousand one hundred sixty only through neft transfer in her bank account as per the schedule.in the schedule 10 installments each of rs.40, 716/- and the dates of repayment are mentioned.
It is a fact that as stated in the letter 17/03/2015 all the total amount of rs. 4, 07, 160/- was to be transferred by you till september 2015 through neft account to my client on dates mentioned in schedule within 5 months, in 10 installments.in said letter you had given another statement of payment of amount in 10 installments and last was payable in february 2016.
My client has not received till this time amount by payable by you as per said letter[protected]. My client has instructed me to issue notice to you in that respect.
This notice is being given to you that by letter dated 17/03/2015 you agreed to pay the amount of rs. 4, 07, 160/- payable through neft transfer to my client in her bank account as per the schedule; however you failed and neglected to repay to my client total amount of rs.4, 07, 160/- towards cancellation i. E. For premature closure of her account with you for plot no.6 as per the mou dated[protected].
You are therefore, called upon and required to pay to my client the sum of rupees 4, 07, 160/- (Rs. Four lakh seven thousand one hundred sixty only) with monthly interest of rs.6107-40 per month from march to till date and - together with future monthly interest within 15 days of the receipt of this notice. Failing to pay the aforesaid amounts; my client will be constrained to take legal action against you at your cost and consequences which please note.
Thane dated 16/10/2017.,
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