Mob No.

: +91 9554696638

Office No.- F-002, Sonam Unique Building,

BY SPEED POST/A.D./E-Mail

Date: 29/10/2023,

To

OYSTER REALTY

204, 2ND FLOOR, WESTERN EDGE1,

OPP. MAGATHANE DEPOT, W.E. HIGHWAY

BORIWALI (E), MUMBAI-400066

SUB:- NOTICE TO PROVIDE ALL THE NECESSARY DOCUMENTS OF THE SAID PROPOSED
LAYOUT TO BE KNOWN AS “FORESTA” AND PROVIDE REASON FOR THE DELAY IN
POSSESSION OF THE ALLOTTED FLAT.

Sir,

Under the instructions from and on behalf of my client, MR. ANIL KUMAR RAMDAYAL
SINGH KUSHWAHA Residing at: Kashinath Bhoir Chawl, S.N. Dubey road, Rawalpada,
Dahisar East, Mumbai- 400068. Hereby I serve upon you the following legal notice as
under:

1.My client states that he does not possess any self-occupied premises in which to reside
with his family. This lack of a residential property has subjected my client to numerous
hardships. Consequently, my client initiated a search for a suitable flat to accommodate
himself and his family. During this search, my client became aware of your project known
as "FORESTA," which is slated for construction at Sr. No. 89, H. No. 1, Village- Kashi, off
W.E Highway, Mira Road (E), Thane. Upon learning of this project, my client harbored
newfound hope for the prospect of securing a future home and ensuring the stability of
his family.

2.My client further states that, subsequent to your presentation and the promises made
to him regarding the aforementioned project, he developed a keen interest in the project
and was provided with RERA details, including its registration number P51800008744.

CHANDRAKALA-N-ASSOCIATES
(Advocates & Legal Consultants)
Mob. No.: +91 9920662677
Email Id : [email protected] Website : chandrakala-n-associates.com
 Upon receiving this information, my client made the informed decision to purchase a flat
from the said project.

3. My client further states that during his visit to the administration office of Oyster
Realty for inquiries, the noticee, being you, made several promises. One of these
promises was that my client would receive possession of the property by the year 2020.
However, as of the present moment, my client has not taken possession of the said
proposed project.

4.My client further states that You, the noticee, allocated a flat with the designation
'2206' on the 22nd floor of Building ‘2’ to my client. However, it is notable that the
document prepared by you, the noticee, did not specify a specific possession date. In
accordance with the Supreme Court's judgment, when a possession date is not explicitly
mentioned in the agreement, it is presumed to be 36 months from the date on which the
booking amount for the flat was paid.

5.My client further states that at the time of booking the aforementioned flat, he
remitted a booking amount of INR 7,79,360/- (Rupees Seven Lakh Seventy Nine
Thousand Three Hundred Sixty only) on the 20th of July 2017. Subsequently, during the
plinth work phase, you, the noticee, issued a demand letter to my client on the 12th of
January 2018, requesting payment of INR 3,47,030. My client duly complied with this
demand and remitted the aforementioned amount within the stipulated due date.

6.My client further states that he reserved Flat No. 2206 on the 22nd floor of Building
No. 2, admeasuring a carpet area of 560 sq. ft., inclusive of a balcony in the above said
project. This reservation was made for a final consideration amounting to Rs. 42,35,000/-
(Rupees Forty Two Lakh Thirty Five Thousand Only). To secure this booking, my client has
paid total amount of Rs. 11,26,390/- (Rupees Eleven Lakh Twenty Six Thousand Three
Hundred Ninety Only) till-day. My client has received confirmation of the said payment
by you noticee.

7.My client asserts that you, the noticee, had committed to providing possession of the
allocated flat within the year 2020. Regrettably, you, the noticee, failed to fulfill this
commitment, resulting in a breach of your obligation. Pursuant to the provisions of the
Real Estate (Regulation & Development) Act, 2016, you, the noticee, are liable to
CHANDRAKALA-N-ASSOCIATES
(Advocates & Legal Consultants)
Mob. No.: +91 9920662677
Email Id : [email protected] Website : chandrakalanassociates.com
 compensate my client for rent from the year 2020 until the actual physical possession of
the said flat along with the Occupancy Certificate. It is noteworthy that you, the noticee,
have not demonstrated an understanding of my client's predicament. Furthermore, you
have consistently issued demand notices for payment without substantiating the
progress of your construction work.

8.My client further states that he has, to date, remitted the amount of Rs. 11,26,390/-
(Rupees Eleven Lakh Twenty Six Thousand Three Hundred Ninety Only) to you, the
noticee. However, my client finds himself in an unfavorable financial situation that
prevents him from making the remaining payment. Instead, my client intends to settle
the outstanding amount through a Home Loan arrangement. It has come to my client's
attention that the construction progress status on the RERA website, as pertaining to
you, the noticee, remains unreported. Specifically, the RERA site indicates a status of
'NIL' in terms of construction progress. In light of these circumstances, my client is
apprehensive about how he will manage the additional amount requested in your
demand letter.

9. My client further states that you, the noticee, should first furnish all requisite
documents, accurately report the construction progress on the RERA website, and
commence monthly rent payments of Rs. 10,000/- to my client. Following the fulfillment
of these conditions, my client will proceed with the payment of the remaining amount
according to the predefined slabs.

10. My client asserts that the persistent issuance of demand letters by you, the
noticee, has inflicted significant mental distress upon my client. Therefore, my client
demands that you provide all the aforementioned documents within a period of 15 days
from the receipt of this notice. In the event of your failure to furnish the required
documents within the stipulated timeframe, it will be construed as evidence of your
malafide intent to defraud my client. Consequently, my client will initiate legal action
under IPC Section 420 and 34, as well as pursue a case in accordance with the provisions
of the Real Estate (Regulation & Development) Act, 2016.

11.You, the noticee, should take note that in the event of your failure to provide
possession of the flat to my client, you are liable to pay my client a monthly rent the sum
of Rs. 10,000/- (Rupees Ten Thousand Only) from the year 2020 till the actual physical
possession of the flat, concurrent with the issuance of the Occupancy Certificate.

CHANDRAKALA-N-ASSOCIATES
(Advocates & Legal Consultants)
Mob. No.: +91 9920662677
Email Id : [email protected] Website : chandrakalanassociates.com
 Furthermore, if you, the noticee, choose to forfeit my client's booking, you shall be
responsible for paying my client interest at a rate of 24% per annum, which amounts to
approximately Rs. 16,22,000/- (Rupees Sixteen Lakh GTwenty Two Thousand Only) in
addition to the amount paid by my client i.e., Rs. 11,26,390/- These obligations are in
accordance with the provisions outlined in the Real Estate (Regulation & Development)
Act, 2016.

12. You noticee are also liable to pay a sum of Rs. 1,00,000/- (Rupees One Lakh Only)
to my client for the mental agony and Rs. 3,40,000/- (Three Lakh Forty Thousand Only) as
a rent from Jan 2021 to till date due to delay in possession and also sending an
unnecessary Demand Letter to my client. Therefore you, the noticee liable to pay the
total sum of Rs. 4,40,000/- (Four Lakh Forty Thousand Only) within 10 days after receipt
of this notice.

13. The cost and consequences of such legal proceedings will solely rest on you in
addition to the cost of this notice of Rs. 50,000/- and it will also cost you which you may
please note.

14. This is without prejudice to all other legal rights and remedies available to my
client for the above-stated purpose.

Kindly take notice.

Yours Truly,

PIYUSH V. DUBEY

(Advocate High Court, Bombay)

CHANDRAKALA-N-ASSOCIATES
(Advocates & Legal Consultants)
Mob. No.: +91 9920662677
Email Id : [email protected] Website : chandrakalanassociates.com