Dated : 11th Sept.

2023

To,
Mr. K. J. Shaikh, ____
Owals Complex,
Banda Katta Corner NH17,
Mumbai-Goa Highway
Banda Sawantwadi-Maharashtra 416511

Sir,

Under instructions from my client, Mrs. Pooja Pravin Sawal alias

Pooja Prasad Shinde, presently resident of Amey Wada, Khandola,
Marcela, Goa, do hereby address this legal notice to you as under:

1. My client instructs me to state that in April 2018, she had booked

a 1 BHK flat identified as Block no. 207 in your construction
project “Shamin Residency” at Banda-Kutta corner, Sawantwadi-
Maharashtra, at the agreed total consideration of Rs. 15,00,000/-
(Rupees Fifteen lakhs)

2. My client instructs me to state that over the period of time an

amount of Rs. 10,50,000 (Rupees Ten Lakhs Fifty thousand) was
paid to you, in respect whereof you issued acknowledgements.
3. My client instructs me to state that, all of a sudden, you
unilaterally and without my client’s consent decided to offer
Block 306 in your project instead of the selected and booked
Block no. 207, and further, increased the total consideration to
Rs. 22,00,000 (Rupees Twenty-Two Lakhs only) in place of the
originally agreed Rs. 15,00,000 (Rupees Fifteen Lakhs only).

4. My client instructs me to state that she had, all throughout since

inception agreed to purchase block no. 207 on the 2 nd floor of
your said project, chosen by her considering its location,
accessibility of light, air, and lay-out, and you had agreed to sell
the said block no. 207 to her.

5. My client instructs me to state that it therefore came as a rude

shock to my client when you suddenly, and without any prior
intimation changed the “booking” not only of the block, but also
increased the total consideration by an additional Rs.7,00,000/-
(Rupees Seven Lakhs only), which was beyond the price agreed
earlier.

6. My client instructs me to state that although she requested your

client to adhere to the terms of the contract entered into, you
refused to do so, and informed my client that he could only offer
Block no. 306 on 3rd floor, for which my client would have to pay
Rs. 22,00,000 (Rupees Twenty-Two Lakhs) in case she was
interested. You further informed my client that you were
interested in selling Block no. 207 to some other purchaser.
 Although you did not give the reason, my client suspects that you
were being offered more consideration towards Block 207 by
some subsequent purchaser. Even then, this would not justify the
change in booking.

7. My client instructs me to state that my client, not being in a

position to arrange the increased total consideration Of Rs.
22,00,000/-, requested you, but you were in no mood to listen.
Left with no choice, my client, thereafter, told you in June 2022
and again in March 2023 in writing, to refund to her the amount
paid to you till then. You agreed to do so immediately.

In this regards, till date you have refunded only a sum of

Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only) on
______, and the substantial amount of Rs. 9,00,000/- (Rupees
Nine Lakhs only) is still owed by you to my client. After
repeatedly following up with you through phone calls and
personal meetings, you kept my client at bay, giving assurances
all the while, that you would pay the balance amount, but have
failed and neglected to do so.

8. My client instructs me to state that in desperation when my client

met you on 26/03/2023 along with her husband, Mr. Pravin
Sawal, you asked my client to give a written document stating
that my client was not in a position to pay the balance payment in
respect of Block no. 306 and that the booking in respect thereof
be cancelled. You wanted my client to give such writing
purportedly on the claimed ground that you would then be in a
 position to sell the said flat or mortgage the same, and, thus, be in
a position to refund our money on immediate basis.

9. My client instructs me to state that trusting your assurance and

promise of immediate refund my client was made to write a note
as dictated by you, and her signature was obtained along with that
of her husband on the same day, only on the promise and
expectation of immediate refund. My Client instructs me to state
that she does not subscribe to the contents of the said writing
inasmuch as the same was dictated by you, and did not reflect all
the facts as they had transpired.

10. My client instructs me to state that even after obtaining this

writing from my client you have completely failed and neglected
to refund Rs.9,00,000/- (Rupees Nine Lakhs) to my client till
date, and my client has been left in the lurch.

11. My client instructs me to state that she has since realized that she
was misled into writing and issuing the said note to your client in
terms dictated by you, and whose contents are not correct. You
have taken full advantage of the fact that my client was a simple,
gullible and trusting lady, who trusted your words and assurances
fully.

12. My client instructs me to state that due to your actions, my client

lost out on an opportunity to purchase a residential flat for
herself, despite having made payments ever since April 2018.
13. My client instructs me to state that you have utilised the funds of
my client for your own use, and not for the benefit of my client.
In fact my client states that due to your acts and omissions and
particularly your failure to refund the entire balance immediately
after you committed to do so, my client is not in a position to buy
another flat, given the escalation of prices of flats.

14. In the circumstances, my client is also entitled to compensation of

Rs. 10,00,000/- (Rupees Ten lakhs only) as also entitled to a full
refund of the sums of Rs.10,50,000/- (Rupees Ten Lakhs Fifty
thousand only) paid with interest, from dates you received the
payments till full and final payment by you to my client.

15. As you are aware, your conduct in this entire episode of cajoling
and convincing my client to book Block no. 207 in your project,
received money towards Block 207, suddenly changed to Block
306 while also increasing the price to Rs. 22,00,000/- (Rupees
Twenty-Two Lakhs only), unilaterally obtained the writing from
my client under misrepresentation, wrongful utilization of my
client’s money and your persistent failure and neglect to refund
the entire amount, amounts to offences under the Indian Penal
Code attracting punishment in respect of cheating,
misappropriation and criminal breach of trust.

16. Therefore, apart from the civil liability, your client would also be
liable to be punished under the Penal Laws of the land.

17. Under instructions from my client, I therefore call upon you to

immediately, and in any case within a period of 10 days refund
the same of Rs. 9,00,000/- (Rupees Nine lakhs only) with interest
at 18% per annum from dates of payment till final payment,
compensation of Rs. 10,00,000/- (Rupees Ten lakhs only) towards
the loss of opportunity and redressal towards mental pain, agony
and stress suffered by my client till date, failing which my client
will be constrained to file appropriate proceedings in Civil,
Consumer Commission and / or Criminal Court, at your risk as to
the costs and consequences, which please note.

Yours faithfully,

Ninad G. Kamat

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