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bharat khatwani 23 November 2024

How's that?

I have received a legal notice that, in my view, was intended to pressure or harass me into complying with excessive and merit-less demands. The sender has taken no follow-up legal action, which raises questions about whether the notice itself had any genuine legal foundation. I’ve been advised that if a legal notice is sent with malice to coerce compliance without legitimate grounds, it could potentially be considered harassment. However, proving such malintent might be challenging unless there is clear evidence that the notice was sent in bad faith. I want to hear more perspectives on this issue: Does the absence of follow-up legal action indicate that the notice lacked legal merit? If I believe the intent behind the notice was harassment or coercion, what steps can I take to substantiate this claim and file a harassment complaint? Can such notices fall under professional misconduct by the advocate who drafted and sent them? Any insights or experiences you can share would be greatly appreciated. Thank you!

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2 Replies

Dr. J C Vashista (Advocate ) 24 November 2024

You should submit a detailed reply to the notice raising all concerned issues through your lawyer.

bharat khatwani 24 November 2024

I have replied to the legal notice, sent two reminders, and demanded its withdrawal. Below is a summary of the glaring flaws: Internal Inconsistencies: The notice falsely claims that rent was paid directly into the bank but simultaneously encloses a cheque for Rs. 3600, revealing contradictions within its assertions. Fabricated Allegations: The claim of non-receipt of rent receipts—never raised in previous correspondence—appears to be a retroactive attempt to manufacture grounds for dispute. Unverified and Time-Barred Demands: A sudden, retaliatory demand for rent equivalent to 120 years, allegedly based on a 24-year-old oral agreement, lacks credibility. This claim is unsubstantiated, legally time-barred, and designed to intimidate. Non-Compliant and Coercive Tactics: Additional demands, including a 30-year rent claim contrary to provisions of the rent act, and baseless threats of personal liability for repairs, suggest a deliberate effort to pressure and harass rather than resolve any genuine dispute. Ownership Contradictions: The notice raises ownership issues for the first time, alleging that my mother was the owner because she collected rent. However, the tenant had previously responded to letters from me without ever questioning ownership. This abrupt shift in narrative undermines the credibility of their claims and distracts from the core issue of rent default. Abuse of Legal Procedures: The notice serves as a coercive tool, violating professional ethics and the principles of due diligence expected of an advocate. It undermines the sanctity of legal proceedings by prioritizing harassment over lawful recourse. Conclusion: The legal notice demonstrates a blatant disregard for ethical and legal standards. Its contradictions, unverified claims, and intimidation tactics reveal an intent to mislead and exert undue pressure rather than pursue a legitimate resolution. Such misuse of legal mechanisms warrants serious scrutiny to uphold the integrity of the legal process.

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