reply of legal notice
manoj kumar sinha
(Querist) 14 August 2012
This query is : Resolved
Dear Experts,
I stay in a rented house in New Jalpaiguri, West Bengal.
My landlord, aged above 70, his wife, their visiting relatives and their servants have been misbehaving and disturbing us with the purpose to get his premises vacant as he got a new tenant for higher rent.
Due to their bad behavior, I sent them a letter stating not to disturbed as I am searching another residence because I want to quit this premises and as soon as I find one I shall shift and sent a copy same letter to local police station.
After this I received a legal notice
from lawyer with false allegations of creating nuisance and assualting landloard and a demand to quit the premises within two months. Notice was sent to my office purposely to create illegal pressure on me and to damage my reputation at work place and a copy of notice was aiso sent to local police.
I really want to leave this house as I am disturbed by their behaviour but issue is if I do not get another option of rented house then how I shall shift?
Please help as I can not hire any lawyer due to monetary problem.
Sankaranarayanan
(Expert) 14 August 2012
how long you are staying in that house .
R.K Nanda
(Expert) 14 August 2012
you can also file reply to LN and deny false allegations.
manoj kumar sinha
(Querist) 15 August 2012
I have been staying there for 5 months.
My query is that can I send reply myself? To whom should I send the reply landloard or lawyer of landlord?
R.K Nanda
(Expert) 16 August 2012
Yes, u can send reply yourself to his lawyer with copy to LL.
manoj kumar sinha
(Querist) 16 August 2012
Dear Experts,
Can I send the below mentioned Reply.........
To,
Mr. Arun Kr. Das,
Advocate,
80, Hill Cart Road,
P.O. Siliguri,
Dist. Darjeeling,
734001.
Sir,
I received a Notice dated 7th August, 2012 sent by you on behalf of Mr. Ardhendu Kumar Basu. I like to inform you the following facts:-
1. That I received that Notice at my office address along with my official Designation mentioned on it as the Notice was sent purposely to my office address to damage my reputation at my work place and to create illegal pressure on me. Due to this unlawful action, I am shocked, hurt and depressed.
2. That in the beginning it was decided that all maintenance of common area such as cleanliness of common area, cleanliness of water Tank and Well and cleaning of Dustbin by S.M.C. Garbage cleaner would be taken care by Mr. Basu, but after few months of maintaining things as agreed earlier by Mr. Basu, Mr. Basu and Mrs. Basu started deliberately creating nuisance by unlawfully denying to maintain the common areas as they have got a new tenant who is ready to pay them Rs 4000 per month, more rent than me for the same premises. Mr. Basu and Mrs. Basu have been purposely harassing me by creating illegal pressure on me to clean common area by myself, to use my own lights in common area, to clean garbage of whole building by myself and not to use place for drying of washed clothes. I throw garbage only in a Dustbin kept by Mr. Basu but after that it is responsibility of Mr. Basu, as agreed and done earlier, to get that cleaned by S.M.C garbage cleaner but this has been not being done by Mr. Basu intentionally from last month which creates nuisance causing mental agony. I have been being unlawfully pressurized to clean it by myself from last month.
3. That since Mr. Basu and Mrs. Basu are old residents of this locality so they use their contacts with local people to harass and threaten me and my husband on several occasions.
4. That statement made in para 4 of your Notice regarding protests by neighbours and S.M.C. garbage cleaner for creating nuisance by me is false and used only for the pupose of creating illegal pressure on me.
5. That Mr. Basu and Mrs. Basu use their visiting relatives and servants to threaten and abuse us on several occasions. My household items are even used by Mr. Basu and Mrs. Basu for their personal use without my consent. Mr. Basu and Mrs. Basu always take unlawful advantage of their status of seniority to harass, abuse and threaten me and my husband.
6. That Mrs. Basu plays Harmonium and sings very loudly any time during a day on daily basis which creates nuisance for my kids during their studies.
7. That Mr. Basu and Mrs. Basu purposely use backside gate of the building, which is meant mainly to be used by me and my family members in stead of front gate, built for their use, to create nuisance in our private and personal lives. Mr. Basu and Mrs. Basu get their dirty utensils and clothes washed in front of my entrance gate and keep their dirty shoes in front of my enterance which creates nuisance.
8. That it is the duty of landlord to keep the premises in good and tenantable condition and take measures for due maintenance of essential supply or service comprised in the tenancy.
9. That due to misbehaviour and disturbances created by Mr. Basu, Mrs. Basu, their visiting relatives and their servants, I had to send a letter to Mr. Basu dated 30th July, 2012, with a purpose to bring the matter before the eyes of Law against illegal harassement and misbehaviour done by Mr. Basu, Mrs. Basu, their visiting relatives and their servants.
10. That the statements made in para 2 of your Notice of throwing of garbage and used sanitary pads in front of main entrance and common areas and use of filthy language, abuses, misbehaviour, quarrel and try to assault by me and my husband are totally false, fabricated and brought only to make out this Notice purposeful.
11. That, in present condition, after this Notice illegally sent to my office address with false and fabricated allegations to create unlawful pressure and nuisance causing mental agony, I am not in a state of mind to immediately change my residence so I can not accept to vacate the premises by September as demanded by you.
I shall look forward to you for a lawful solution of the problem in stead of creating illegal pressure on me to follow unlawful motives and deadlines on the basis of false allegations.
Yours Sincerely,
Any changes or suggetsions?
manoj kumar sinha
(Querist) 19 August 2012
Dear Experts,
Please help me on urgent basis.
I have been waiting for your valuable reply.
