) Siibha Tepoa 7 Advocate Ick onal WITHOUT PREJUD! Ret, No, ee 45.02.2021 Shri. Anuj Gupta Advocate Anuj and Associates, A-11, (Basement), Sarai Pipal Thala Extension, Adarsh Nagar, Delhi-110033 REPLY TO LEGAL NOTICE Director Ms. Parul My Client: M/s ShadeCrafts General Trading through ceo! Road, Greater Jindal, Having Office at Unit No 750, Tilapta Dadri Noida,-201306, UP Subject: Reply to your legal notice dated 11.02 2021 (received on 11.02.2021) by my client. Dear Sir, Under instructions from my aforesaid client, | have been authorized by "my client the order placed on to reply to your subject legal notice qua the dispute towards |G PODS PVT LTD. 45.11.2020 by your client i.e. M/S MYTY NISARG CAMPIN' client denies all the allegations mentioned in your That at the very Outset my after: bove until and unless expressly admitted herein legal notice mentioned a is clear that Your Client(s) That it is pertinent to mention that at very outset | have not approached you with clean hands and has deliberately concealed material facts from your good-self and have not apprised you with actualmatrix of facts. g 254, Block |, Lawyers 230, Ground Floor, N BI P: 011 2307 7799, M: +91 981 Chambers, High Court, New Delhi-110 003 lock, Greater Kailash-l, New Delhi-110 048, 8055059, E: shikhasapra@gmail.comThat yo {true picture of the inate VW hat your client has not provided you with full an ! trul tur ; : mw d ns rails as against my client are lispute and all the allegations raised by your client 9) oncocted completely false, frivolous, devoid of any merits and based upon ci i ‘ stories. Be it noted that the allegations 80 raised by your client are just figments of their imaginations in order to illegally extort money from my client PARAWISE REPLY: 1, Thatas per the instructions of my client, itis stated that your client through their Directors, Vivek Gaur and Manish Tomar my client on 15.11.2019 and took the quotation for the manufacturing of 4 Prefabricated units, 2. That it is stated that my Client as per the terms and conditions of the contract duly provided to your client, prior to the initiation of the Production, all the said material specificatios and details for approval That all the material specifications and detcils were duly provided and mentioned in the Performa Invoice, which has been provided and communicated to your client through Email, by my client. Be it noted that it is only after the Rs. 2 Lakhs /- as advance been paid by your client to my client and further only after Teceiving the confirmation from your client that my client started the production of the seid prefabricated units. 3. Thatitis stated by my client that the production of the Prefabricated units commenced on 16.11.2020 and was completed on 16.01.2021. That itis Pertinent to mention during this whole period, Your Client through one of its Director namely Mr, Manish Tomar visited ihe factory premises 6 times. where the production of the order was taken place, for inspection at their end. That the Director Mr. Manish Tomar, of your Client visited the factory premises approximately. It won't be out of alace to mention that in all these visits the Director of your Client Mr. Manish Tomar Personally inspected all the minutest details of the Production. \t is pertinent to mention that all the productions made by my Client Were done to the fullsatisfaction of your client and further my client in their bonafide nature, even though being against the policies of the company, made last minute modifications and changes in order to satisfy the needs and requirements. of Your Client. That my client from time to time also provided production updates along with the photos and videos on the whatsapp group created by your client which has all the directors and their wives present in that group. That my client proceeded with the productions only after they Teceived a “Go-ahead” from your client, That in the bonafide nature my client further provided to your client with the photographs and videos of the units pending for dispatch, for quality check and whether the goods match the expectations of your client or not. That hereby it is pertinent to mention that the products were dispatched only after duly getting the approval from your client. 4. That my client categorically denies and refutes the contents of the corresponding paragraph under reply. That itis submitted that as per the terms and condition of the contract, your client has not yet made the complete payment to my client for the services rendered to your client. That it is submitted that an amount tuning to approx. Rs. 1,00,000/- (Rs. One Lakh only) was pending payment to be made by your client before the process of loading. That the above noted amount includes Rs 50,000/ for the transportation and Rs. 50,000/- for Shadecrafts for extra material added by your client last minute. That although the said payment was to be made before the loading of trucks, however your client on grounds of financial crunches being faced by the company requested my client for making payment towards the shadecraft only at the time of the unloading of the products. That although such a delayed payment was totally contrary to the terms and condition of the contracts, however based on the assurances made by your client to my client, my client acceded to such requests. Be it noted that the above said amount has yet not been paid by your client and hence the reason for the revocation of the warranty. It is pertinent to mention over here that my client sent several7 oa 6-7 reminders and intimations to your client for payment of the balance amount in totality prior to the unloading of the trucks (as promised by your client) but to no avail. It is also pertinent to mention that my client even informed your client that the installers shall be dispatched only after the full payment was made by your client, which my client has not received yet. Warranty Revocation Letter dated 09.02.2021 is attached herewith for your reference. . That the contents of the corresponding paragraph are denied for being totally false and frivolous. That apart from the fact that the consignment was dispatched by my client On 04.02.2021 via Shree Gautam Road lines and was received by your. client on 08.02.2021. However the rest of the contents of the Corresponding paragraph are false, frivolous and malafide and hence denied by my client in totality. That as per the terms and conditions of the contract executed between your client and my client, at the time of loading of the prefabricated units in the Factory, your client was supposed to be present at the factory for necessary supervision. However, your client, despite several reminders made by my client, was not present at the factory at the time of loading, a fact that you client has deliberately concealed from you. Be it noted that contrary to what has been alleged, your client, upon receiving the goods on 08.02.2021, with evil intentions, threatened the driver of the truck which consigned the units and further forcibly took out the units without the supervision of any site supervisor or shadecrafts on site. That all of this was done without paying the balance amount as pending, for which your client promised to make payment in full prior to the unloading of the Units. That the contract very clearly stipulates, in case your client unloads the units without the presence of any site supervisor from shades craft and if the balance payment is not paid by your client prior to the unloading of the units then in that case my client shall not be liable for any loss or damage incurredby your client and further your client shall be liable to bear the damages whatsoever. That it is pertinent to reiterate that before the dispatch, all photos of the units as well as dispatched units loaded on trucks in absolute good condition has been shared with client 8. That prior to the delivery of the units, my client specifically suggested your client to take transit insurance for the units, which your client agreed, That based upon this my client even raised an invoice for the same. That itis the conduct of your client which is questionable and it is because of the conduct of your client itself that the goods were damaged and my client does not take any responsibility for any loss due to the malafide conduct of your client and hence the reason for termination of the warranty, 9. That contents of the corresponding paragraph under reply are completely false and frivolous and a clear attempt made by your client to harass and further illegally coerce my client to part with their hard earned monies. That your client has provided you with completely false and concoted stories based upon their whimps and fancies and my client vehemently disputes the said facts as wrongfully alleged by your client. That any such damages, if any, has occurred at the time of the transit , which also includes 85 kms of the road which was only 8ft in width and the trucks were 10ft in width .Your client very well knew this and that is why they had reached that road to help the trucks manovoure Upon confirming with the truck drivers , all of them have given a statement of damage only in that patch , due to the extremely narrow road, and big trees which had obstructed the hill road terrain , your client had hidden alll these facts and have wrongly accused my client just to extort money. Be it noted that my client even suggested your client to take a transit insurance for the same, to which your client agreed to. That pursuant to receiving such confirmation from your client in regards to the Transit Insurance, my client even raised an invoice for the same. That it is because of the egalactivities and the conduct of your client and further as per the terms of the contract, my client is not responsible for any damages due to the above noted conduct and activities of your client. That my client is clearly protected by the contract and thus cannot be made liable for any mistakes. committed by your client. That in regards to the specifications and the workmanship of the goods, at the very outset it is very clear that your client has yet again provided you with a completely false, derogatory and frivolous facts and story. That it is yet again reiterated that during the whole production period, your client through Mr. Manish Tomar visited my client's factory 6 times for the purpose of supervision/inspection and at that point time the services being rendered by my client and the specifications of the Units were outstanding and further he had no. complaints against my client. That be it noted that my client even raised all the necessary invoices for the work done or any material procured etc. with your client, which matched the satisfaction of your client, and thus they agreed on dispatching the material, had there been any material discrepancies and any damages to the units, your client should have refused the delivery of the units. That there is no variance in the agreed specifications and any allegations contrary to that is totally false and against the spirit of the contract, business and the goodwill of any company. That the detailed reply to the specification used are as follows: FOR KITCHEN AND ROOM ‘A. 19mm Marine ply has been used by my client in all the units. That bills and invoices for the materials purchased for the same readily available with my client B. Contrary to what has been wrongfully alleged by your client, my client as per the stipulations of the has already provided 50mm insulation on all Roofs and walls of the units except where acrylic glass is put, a fact which can be clearly ascertained by inspecting the said walls. That your clientJ 'n an attempt to harass my client, has yet again provided you with a completely false information, which In its truest sense is an act of fraud at the hands of your client That yet again your client has provided you with a concoted facts and further has apprised you with certain provisions which are completely false and does not relate to the contract as stipulated between your client and my client. That Windows according to the invoice was only to be Provided in one room unit which was of size 4x3 ft, further my client provided a window of size 7x4 ft which is Clearly bigger and further in good faith my client did not even charge for the said bigger window and further my client charged your client as per the contract i.e. for the smaller Window(s), which your client also failed to apprise you of. D. That my client completely denies the allegations so wrongfully raised by your Client. It is submitted my client duly provided your client with all such quantity of doors which stipulated in the contract and further agreed between the parties. Itis submitted that my client duly informed your client about the fact that flush doors will get bloated when putin extreme humid conditions and thus my client shall replace the flush doors with PVC doors, a fact which was duly agreed by your client. Phone call recordings and group chats can be produced. Be it noted that all such teplacements were done by my client only after the prior permission and consent of your client, which your client fails to inform you and further in order to extort monies from my client, your client is raising false and frivolous claims and allegations against my client which are completely baseless and hence my client refutes all such claims made by your client in totality That there are 4 tube lights in each room, i.e 8 in 2 rooms and 5 tube lights in kitchen section. That my client in their goodwill at several instances have gone beyond the ambit of the contract and has rendered services beyond to what has been charged from your client. byY E. That 5 mm Acrylic sheets has been fitted in all units and the bill of purchase along with wrapping of the product mentioning the thickness of the acrylic sheet readily available with my client which was also duly shared with your client. That it seems that your client has completely misinformed your good-self with their own cooked false and frivolous stories. F. That the contents of the corresponding paragraph under reply are completely false and frivolous and hence denied in totality. That no such 5mm polycarbonate glass on all still window glass with aluminum frame was promised to your client by my client. That all structures are manufactured at a rate of Rs1250 Per Square feet which are the cheapest design in the catalogue of my client, which my client duly apprised your client on phone calls and whatsapp/text chats between the parties. Further my client also duly informed your client of the fact that Aluminum Framing was not possible in the above said quote and for Aluminum Framing extra charges were to be incurred by your client. That my client also provided your client with a separate quote for the aluminum frame, which was refused by Mr Praveen Kumar i.e. the Director of the Company on grounds that they do not have funds for Aluminum Framing and thus requested my client to proceed with the structure without the Aluminum Framing. Whatsapp Chats and texts readily available with my client. G. That yet again your client has approached you with a complete false and frivolous claims against my client and yet again there is no merit in the allegations raised by your client against my client. That partitions on the still glass were very much the part of the plan and further my client also provided a reference image to Mr Praveen was duly provided by my client. That it was only on 15.11.2019 and that too after obtaining the necessary permission and go ahead from My Praveen that my client went ahead with the production of the Partitions on the still glass. That all such discussions are duly available with my client.completely false pursual of the e exposed H That the contents of the corresponding paragraph are and frivolous and hence denied in totality. That the bare contents of the Contract makes it completely clear that th sheets of the roof kitchen were never a part of the contract between the parties and your client had to proceed with the same at their own expense and my client has no role to play in the same and hence cannot be held liable for the same. FOR ROOMS AND RECEPTION A. 19mm Marine ply has been used by my client in all the units. That bills and invoices for the materials purchased _for the same readily available with my client. B, Contrary to what has been wrongfully alleged by your client, my client as per the stipulations of the has already provided 50mm insulation on all Roofs and walls of the units except where acrylic glass is put, 2 fact which can be clearly ascertained by inspecting the said walls. That your client in an attempt to harass my client, has yet again provided you with a completely false information, which in its truest sense is an act of fraud at the hands of your client. C. That the contents of the corresponding paragraph under reply are completely false and frivolous and hence denied in totality. That no such 5mm polycarbonate glass on all still window glass with aluminum frame was promised to your client by my client. That all structures are manufactured at a rate of Rs1250 Per Square feet which are the cheapest design in the catalogue of my client, which my client duly apprised your Glient on phone calls and whatsapp/text chats between the parties. Further my client also duly informed your client of the fact that Aluminum Framing was not possible in the above said quote and for Aluminum Framing extra charges were to be incurred by your client. That my clientae provided your client with a separate quote for the aluminum frame, which was refused by Mr Praveen Kumari. the Director of the Company on grounds that they donot have funds for Aluminum Framing and thus requested my client to proceed with the structure without the Aluminum Framing. Whatsapp Chats and texts readily available with my client. D. That yet again your client has approached you with a complete false and frivolous claims against my client and yet again there is no merit in the allegations raised by your client against my client. That partitions on the still glass were very much the part of the plan and further my client also provided a reference image to Mr Praveen was duly provided by my client. That it was only on 15.11.2019 and that too after obtaining the om My Praveen that my client went necessary permission and go ahead fre .s on the still glass. That all such ahead with the production of the Partition: discussions are duly available with my client. client duly informed your client about the fact that E. _Itis submitted that my ns and, tush doors will get bloated when put in extreme humid conditio thus my client shall replace the flush doors with PVC doors, @ fact which was duly agreed by your client, Phone call recordings and group chats can be produced. Be it noted that all such replacements were done by my client only after the prior permission and consent of Your client, which your client fails to inform you and further in order to extort monies from my client, your client is raising false and frivolous claims and allegations against my client which are completely baseless and hence my client refutes all such claims made by your client in totality. That there is no deviation from the contract at the behest of my client and further my client has at several instances gone beyond the ambit of the Contract to serve your client and that too without charging anything extra. That it is your client who is now raising false and concoted allegations against my client. That it is submitted that it is your client who is11. concealing material facts herein in order to extort monies from my client. That it is your client who is guilty of playing fraud with my client. That there is not even an iota of truth in the statements of your client has hence denied in totality. That no concerns were raised by your client as all the works were done by my client as per the satisfaction and prior approval of your client. That all the damages on the units is because of the negligent and haste conduct of your client at the time of transit. That it is your client who threatened the truck driver who delivered the products. That it is your client who unloaded the said product in the absence of any authorized agent from my client. That for the malafide of your client, my client cannot be held responsible for anything conduct ly acted as per the contract and further the instructions as my client has dul of your client. That the corresponding paragraph of the legal notice under reply Is completely false and frivolous and hence: denied in toto. That an amount tuning to approx. Rs. 1,00,000/- (Rs. One Lakh only) was pending payment to be made by your client before the process of loading. That the above noted amount includes Rs 50,000/ for the transportation and Rs. 50,000/- for M/s. Shadecrafts. That although the said payment was to be made before the loading of trucks, however your client on grounds of financial crunches being faced by the company requested my client for making payment towards the M/s. Shadecraft only at the time of the unloading of the products. That although such a delayed payment was totally contrary to the terms and condition of the contracts, however based on the assurances made by your client to my client, my client acceded to such requests. Be it noted that the above said amount has yet not been paid by your client and hence the reason for the revocation of the warranty. It is pertinent to mention over here that my client sent several reminders and intimations to your client for payment of the balance amount in totality prior to the unloading of the trucks (aspromised by your client) but to no avail, Itis also pertinent to mention that my client even informed your client that the installers shall be dispatched only after the full payment was made by your client, which my client has not received yet. 12, That my client is not liable to provide you with any of the services as demanded by your client. That my client has rendered their services to the full satisfaction of your client and that too as per the terms and conditions of the contract and further as per the instructions of your client. That all such stories as provided your client and completely devoid of any: Merits and a classic example to fraud being played by your client to wrongfully extort monies from my client. That all photos of videos of the prefabricated structures were shared at time of loading the units, which does not show or have any damages shown by your client , and your client was strictly warned of taking Transit insurance, but to save their money they did not take this transit insurance. My client has clearly indicated on the contract that any damages arising post the units are dispatched from their factory will not be covered in any warranty , and the client must take accidental or Transit insurance against any damages arising out of transit . That all the allegations raised by your client are completely false and frivolous based upon the self made concoted stories at the behest of your client for which your clients liable for playing fraud against my client. That your client has indulged themselves into playing fraud and cheating in order to extort monies from my client and further client is liable to be punished. That there is not iota of truth in the allegations raised by you client against my client. That my client has rendered their services to the full satisfaction cielof your client and that too as per the terms and conditions of the contract and further as per the instructions of your client. client and That greed and selfishness has clouted the fine minds of you in lieu of that they are indulging themselves into bold rendezvous based upon completely false facts and circumstances in order to illegally grab monies from my client, which is a serious offence in itself. Thatitis clear from the conduct and the cheap tactics your client resorted to, was to cheat my client of their hard eared monies, where else since the inception has been always taking an additional step in good faith for the benefit of your client Therefore, | sincerely request you to stop your clients of their above said pursuit(s), otherwise my clients, in order to protect their own interests shall be constrained to approach the approach: the appropriate legal forums for necessary actions Thus, in the above conspectus my client cannot be made liable or accountable for any financial losses your client suffers due to their own actions, In view of the aforesaid facts and circumstances, | hereby call upon you to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand) to my client towards the cost of this reply to legal notice. Please take note accordingly. Copy of this legal notice is also kept at our office for further ready reference. [SHIKHA SAPRA] ADVOCATE