Breach of trust (contract)
ashok khare
(Querist) 07 September 2012
This query is : Resolved
Respected Sir,
Please correct the below notice and give inputs. I will be obliged.
L E G A L N O T I C E - II
To, Date : ...........................
GENERAL MANAGER,
Country Club (India) Ltd,
Prathmesh Complex,
Veera Desai Road Extn,
Andheri (West),
Mumbai – 400 053.
Registered Office at,
Amrutha Castle,
5-9-16, Saifabad,
Opp. Secretariat,
Hyderabad – 500 063.
Dear Sir,
Under instruction received from and for and on behalf of my Client SHRI HARENDRA R RAWAT, I do hereby serve you this Legal Notice to the following effect.
1. That my Client Shri Harendra R Rawat having address at Room No. 02, Sai Baba Chawl, Nr. Abdul Kirana Shop, Wadala (E), Mumbai – 400 037.
2. That my Client had sent you Legal Notice dated 13.06.2012. My Client received your Letter dated 05.07.2012 wherein you have stated that Plot of 21,000 Sq Ft will be registered. My Client says that you have not mentioned specific period or time for Registration of impugned Plot. My Client says that since 2009 you are giving same commitment but till today the impugned Plot not Registered.
3. That my Client says that your Club had offered him 21,000 sqft Plot for an amount of Rs. 3,50,000/- as per your scheme. That My Client had accepted your Club’s offer and he had deposited Rs. 3,50,000/- through cheque payment and also paid Rs. 75,000/- towards Registration fees in the year June 2009- June 2010. That my Client says that your Club has given Membership No. KKP-143M and had confirmed his investment vide Letter dated 15.05.2009 (Ref No. MRD/GM/KKP-143M ). The details of payment are as follows;
1. Rs. 50,000/- vide Cheque No. 491345 dated 04.05.2009 (R. No. 37709)
2. Rs, 25,000/- vide Cheque No. 491346 dated 16.06.2009 (R. No. 38193)
3. Rs. 25,000/- vide Cheque No. 491347 dated 16.07.2009 (R. No. 38977)
4. Rs. 25,000/- vide Cheque No. 491348 dated 16.08.2009 (R. No. 39467)
5. Rs. 25,000/- vide Cheque No. 491349 dated 16.09.2009 (R. No. 39863)
6. Rs. 25,000/- vide Cheque No. 491360 dated 16.11.2009 (R. No. 40440)
7. Rs. 25,000/- vide Cheque No. 491359 dated 16.12.2009 (R. No. 40772)
8. Rs. 25,000/- vide Cheque No. 491358 dated 16.01.2010 (R No. 40988)
9. Rs. 25,000/- vide Cheque No. 491357 dated 16.02.2010 (R. No. 41147)
10. Rs. 25,000/- vide Cheque No. 521565 dated 16.03.2010 (R. No. 41394)
11. Rs. 75,000/- vide Cheque No. 521571 dated 30.04.2009
4. That my Client says that he had purchased 21,000 sqft Plot and paid total Rs. 4,25,000/- to you. That my Client says that he had entered into Contract with you for the purchase of impugned Plot. My Client says that your Club had neither registered any Plot nor gave any Plot to him till date.
5. That my Client says that he had made several requests to you to Register the said Plot on his name. He also informed you that he had deposited Rs. 3,50,000/- and also paid Rs. 75,000/- for registration but till date Plot is not registered on his name.
6. That my Client says that he had visited to your office and requested for refund of deposited amount along with interest. My Client says that you had promised vide Letter dated 06.05.2011 (Ref No. MRD/GM/KKP-143) that you will complete the Registration procedure in his name and convey the title deeds by August 2011 and also promised that if you fail to do Registration, the deposit amount will be returned by you. My Client says that you failed to fulfill your promise for allotting the Plot and also refund of deposited amount along with interest.
7. That my Client says that your officials had called up him on his mobile and told him to visit your office with Original Kissan Vikas Patra and Krishi Vikas Patra. My Client says that he had visited to your office on 03.07.2012 along with Original Kissan Vikas Patra and Krishi Vikas Patra. My Client says that he has submitted Original Kissan Vikas Patra and Krishi Vikas Patra to your office on 03.07.2012 and you told him that you are ready to Register the Plot but now he has to pay extra Registration Fees of Rs. 45,000/-. My Client says that he already paid Rs. 75,000/- for Registration and now also he is ready to pay extra amount of Rs. 45,000/- for Registration which was not in Contract. My Client says that thereafter you produced Undertaking Cum Indemnity dated 03.07.2012 which was made by yourself and you have taken his sign on that Undertaking Cum Indemnity. My Client says that you have promised that after signing of impugned Undertaking Cum Indemnity, you will be done Registration process within a short period but after signed you denied to do Registration process and told him to give one satisfactory Letter which includes that Country Club India Ltd have fulfilled all the commitments and withdraw all the allegations against them. My Client says that he told you that as per your direction he has signed Undertaking Cum Indemnity made by you and now you want satisfactory Letter from him which is not justifiable, legal, correct etc. Thereafter, My Client told you that first I will discuss with my Advocate then I will give you satisfactory Letter. My Client says that he is ready to pay extra amount of Rs. 45,000/- for Registration though it was not in Contract and also ready to give satisfactory letter but he requested you to give specific period for Registration in writing but you denied to give in black and white.
8. That My Client says that you told me that you will make satisfactory letter and he has to sign it. My Client says that you have sent him satisfactory Letter dated 24th July 2012 through email – manojsinha.mum@countryclubmail.com on his brother’s email which is addressed to General Manager wherein it is stated that “withdrawing of all the allegations made in the legal notice dated 12.06.2012 against the Country Club India Ltd and its management and officials. My Client says that you want satisfactory Letter from me but you have denied to give specific period for Registration in black and white. My Client says that such kind of your act and Letter through email shows your malafide intention to avoid to give Plot to my Client.
9. That on behalf of my Client we informed you that such act of yours is violated Section 405 and 415 of the Indian Penal Code 1860 and also violated the statutory provisions of Indian Contract Act 1872 and such act is liable for the Criminal Proceeding under India Penal Code 1860.
10. I therefore through the Notice, finally call upon you to Register the sanctioned Plot 21,000 Sq Ft on my Client’s name and give specific period for Registration in black and white within clear 15 days from the date of receipt of this notice, failing which my Client has given me clear instructions to file Civil, Criminal, Suit for recovery and lodge FIR under Section 405 and 415 of IPC against General Manager, Manager, Assistant General Manager, Assistant Manager, Officials etc and other Miscellaneous proceedings against you in the competent Court of law and in that event you shall be fully responsible for the same.
A Copy of this Notice preserved in my office for record and future course of action.
ajay sethi
(Expert) 07 September 2012
this is a repeated query . you had raised it earlier too if i am not mistaken
V R SHROFF
(Expert) 08 September 2012
Club Ltd, must have cheated many hundred.
Gather all and take action for cheating, It is Economical Offence to be treated seriously : cheating Public at large
Personally go and discuss.
Lodge criminal comp c Police
By publishing such notice here, You may face defamation & damage suits, Must avoid party names.
Guest
(Expert) 08 September 2012
Are you sending notice to the company or the GM when a limited company itself is a person (artificial) recognised by law?
Also do you intend to spare the main culprit, the company and its Managing Director/CEO, as you have intended to lodge FIR only against its employees, i.e., the General Manager, Manager, Assistant General Manager, Assistant Manager, Officials, etc.? You seem to absolve the company of the offence, if any, but trying to involve only the employees who work under the direction of the Board and the Managing Director/CEO.
Also, what about the offence of money laundering on the part of the management of the company?
