Regd AD / Speed Post/ Courier / E-mail

Date: 19.02.2020

To

(Name)

B. S. Food and Beverages

R-7 Mithila Vihar,
Nagloi Delhi – 110086
Phone No. 7042229055

Reference No. a. Agreement to Sell dated ()

Client: Ms. Mamta Dagar

Shape & You Wellness Pvt. Ltd.
A-305, Designer Park, B-9 / 1A,
Sector – 62 Noida
(herein after referred to as our client)

Legal Notice
Sir,

We have been retained by our client to serve upon you the present legal notice based
upon the following facts:

1. That on () you entered into an agreement to sell with our client for sale of Fit Tea
Tea Bags (500 in number), Immunity Tea Tea Bags (500 in number), Sleeping
herbs tea tea bags (500 in number) and Additional Boxes (1500 in number).
2. That the total consideration of the abovementioned goods was fixed at Rs. () under
the Agreement to Sell.
3. Out of the total sale consideration our client paid an advance amount of Rs. 70,000
(Rupees Seventy Thousand Only) on the date of execution of the agreement vide
cheque bearing No. 048527 drawn on Oriental Bank of Commerce, Defence Colony
Branch, New Delhi which was duly confirmed, acknowledged and en-cashed by
you. The Balance sum of Rs. 25,00,000/- (Rupees Twenty Five Lakhs) was agreed
to be paid at the time of handing over of complete, vacant and peaceful possession
 by you to our client. You were also obliged to execute and register the Sale Deed in
favour of our client or his nominee on or before but not later than 17.09.2016.
4. That in terms of clause 5 of the agreement to sell, you were bound to hand over the
complete possession of the property and execute the sale deed in respect thereof
in favour of my client or his nominee within one year from the date of the
execution of this agreement i.e. on or before but not later than September 17,
2017.
5. On the relevant date i.e. 17.09.2017, our client was ready with the sale
consideration and willing to perform his part of the remaining obligation, however
you failed to perform your part of the said agreement even though our client
requested you to come and have the sale deed executed with respect to the
property in favour of our client. However, you sought some more time for the
execution of the sale deed in favour of our client and considering the past
relations, our client agreed to grant you more time.
6. Subsequently, upon discussion, it was mutually agreed between you and our client
that the sale deed would be executed on or before 31.07.2018 and the vacant and
peaceful possession of the property would be handed over to our client.
7. That our client has always been and continues to be ready and willing to perform
his part of obligation, but shockingly you are refraining to come forth and execute
the sale deed and handover the peaceful possession of the property in terms of the
Agreement to Sell. Nonetheless, you requested some more time to execute the sale
deed and our client acceded to your request gave you time.
8. That yet again upon receiving no response or indication to execute and register
sale deed for the property in favour of our client in terms of the agreement dated
17.09.2016, a legal notice dated 07.08.2018 was sent from our office via various
modes. You were required to execute the sale deed in favour of our client within in
two weeks from that date yet again you have failed to reply to the said legal notice
or come forth to execute the sale deed in favour of our client.
9. That in furtherance of legal notice dated 07.08.2018 you had a meeting with our
client on 06.09.2018 wherein you sought an extension of two more weeks to
execute the sale deed with respect to the property bearing No. 18, Jacronda Marg,
DLF City Phase II, Gurgaon, Haryana, built on land admeasuring 336 Sq. mtr.
10. That the two weeks sought by you expired on 20.09.2018 and still you did not
come forth to execute the sale deed. You have repeatedly requested for extension
of time on one pretext or the other and thereafter deliberately held back from
fulfilling your part of the obligation as per the terms laid down in the agreement to
sell dated 17.09.2016.
11. That an agreement was arrived at between you and our client that you would
execute the said sale deed and hand over the vacant and peaceful possession of the
said property not later than 31.10.2018. On 31.10.2018 our client approached you
for execution of sale deed and handing over of the vacant and peaceful possession
of the said property, however you evaded the request of our client. Thereafter you
started avoiding meeting our client on one pretext or the other and also, avoided
the execution of the sale deed in favour of our client, even though our client is
ready and willing to fulfil his part of the obligation as laid down in the agreement
to sell dated 17.09.2016.
12. That an another legal notice dated 12.11.2018 was issued to you, whereby you
were once again called upon to execute and register the sale deed in favour of our
client and yet again you failed to fulfil your part of obligation under the agreement
to sell dated 17.09.2016 and the addendums. It is submitted that you even failed to
hand over the possession to our client as has been stated in the Agreement to Sell.
13. It is clear that your intention from the beginning was fraudulent and after having
taken a substantial part of the sale consideration, you are avoiding to meet your
obligation under the agreement thereby causing wrongful gain to yourself and
wrongful loss to our client.

In view of the facts and circumstance mentioned herein above, we on behalf of

our client, hereby, one last time call upon you to receive the balance sale consideration
from our client and execute and register the sale deed in favour of our client in view of
the agreement to sell dated 17.09.2016 in favour of our client within ten days from the
receipt of this notice, failing which we have clear instruction from our client to initiate
appropriate legal action, civil & criminal, and other misc. proceedings against you in the
competent court of law which shall be contested at your own cost, risk and
consequences.

This notice is without prejudice to the rights and contentions of our client.
A copy of this notice is retained in our office for future reference.

Raunaq Dutt