DOCUMENT No. ay (6) VISHAL BHATNAGAR & ASSOCIATES Advocates SUPREME COURT OF INDIA & DELHI HIGH CouRT To, LEGAL NOTICE Daltd ~ 12.08.2027 \ 1. Mis Mist Turnkey Interiors, Smaranam No. 1/a, 2" Floor, 202, Navarathna Gardens, Doddakallasandra, Bangalore- 560062 2. Mr. M.R. Venkatesh, Managing Director Mis Mist Turkey Interiors, Smaranam No. 1/a, 2" Floor, 202, Navarathna Gardens, Doddakatlasandra, Bangalore- 560062 3..Mr, G.S. Shreekanth Accounts head, Ms Mist Turnkey Interiors, Smaranam No. 1/a, 2 Floor, 202, Navarathna Gardens, Doddakallasandra, Bangalore- 560062 | Dear sir (s), Under the instructions from and on behalf of My client Mr. Mahesh K. | Raichandani and Mrs. Dhwani Raichandani (“My client”) resident of A9- Office: Chamber No. 188, Block 1, Lawyer's Chamber, Delhi High Court, New Deli: 10003 Mobile: 09313674756 E-mail vishalbhatnagaradv@gmailcom 1VISHAL BHATNAGAR & ASSOCIATES Advocates SUPREME COURT OF INDIA & DELHI HIGH COURT 1704, Elita Promenade, JP Nagar 7" Phase, Bengaluru, Karnataka, 560078, | am serving unto you the addressees, the present Legal Notice: 1. That My client; Mr. Mahesh K. Raichandani is a working professional and is currently working with Multinational Company, namely Toyota Kirloskar; and is based out in Bangalore. My client; Mrs. Dhwani Raichandani is the wife of Mr. Mahesh K. Raichandani and a house wife. Further, my client is a respected and law abiding citizen of this Country 2. My client; Mr. Mahesh K. Raichandani, out of his hard-earned money and life savings, purchased his dream house bearing flat no. A10-1602, Elita Promenade (hereinafter referred to as “site”) in the joint name of his wife and in his own name. It is pertinent to note that My client, like every other individual, intended to fine design the interiors of their dream house and move into their dream house without any delay. 3. My client, is currently staying in a rented accommodation and is serving -the notice period of vacation of the said rented accommodation Office: Chamber No. 188, Block 11, Lawyer's Chamber, Delhi High Court, New Delhi- 10003 Mobile: 09313674756 fe E-mail: vishalbhatnagaradv@gmail.com 2VISHAL BHATNAGAR & ASSOCIATES Advocates SUPREME COURT OF INDIA & DELHI HIGH CouRT That my client, approached you the addressees in the month of February, 2021 with an intention of engaging you the addressee no. 1 for designing and doing the interior works at the Site. My client, upon approaching you the addressees was repeatedly assured and represented by you the addresses; that you the addressees are/were well known for carrying out the interior works with utmost honest and diligence. you the addressees; assured my client that you the addressees; have experienced workers and use only best brands with high quality material for all the works even if, the same costs high as you the addressees; don't compromise on the quality. You the addressees; further represented that you honor commitments and are known to deliver the work within the stipulated/ agreed timelines. It is pertinent to note that series of negotiations took place between the parties in respect of the design and costing component for the site. Since My client wanted to move into their dream house/ the Site immediately, My client, having believed and trusted your assurances and representations, agreed to engage your services for the carrying out interior works at the Site. You the addressees; created a Whatsapp group and included Imy client in the said group for giving day to day development qua the works at site Office: Chamber ‘No. 188, Block 11, Lawyer's Chamber, Delhi High Court, Z New Delhi- 110003 Y Mobile: 09313674756 x E-mail vishalbhatnagarady@gmailcom 3VISHAL BHATNAGAR & ASSOCIATES Advocates SUPREME COURT OF INDIA & DELHI HIGH COURT You the addressees; prepared the BOQ whereby, you the addressees; after detailed discussions gave an estimate of Rs. 8,57,861/- (Rupees Eight Lakhs Fifty Seven Thousand Eight Hundred Sixty One Only) including the G.S.T and other statutory taxes, to my client. The BOQ so shared by you and agreed by My client contained certain terms and conditions apropos payments, which are laid hereunder for the sake of reference 5% of the estimated value to be paid as advance to begin with the design work. 45% of the total estimate value to be paid as advance. 40% after the material delivered at site. 4. 10% of the final value will be paid after the completion of work, won Furthermore, the said BOQ clearly stated the entire interior works at the site was to be completed within 2 months from start date ie 14" February, 2021. This said term clearly depicts that time was the essence of the contract! arrangement entered into between the parties. That My-client, while adhering with and complying the terms of the arrangement, immediately on 11" Fei: 2021, paid Rs. 50,000/- Office: Chamber No. 188, Block 1, Lawyer's Chamber, Delhi High Court, New Delhi- 10003 Bai Mobile: 09313674756 iE Email: vishalbhatnagaradv@gmailcom 4VISHAL BHATNAGAR & ASSOCIATES. Advocates SUPREME COURT OF INDIA & DELHI HIGH CouRT (Rupees Fifty Thousand Only) vide IMPS Transaction no 104210624749, i.e. 5 % of the estimated value against advance for you to begin with the design work. 10. It is pertinent to note that the works at the site were to start from 11" February, 2021 and you took over the possession of the site to carry out the works. However, the works did not commence on the agreed date; and the same were commenced only in the month of March, 2021. However, My client, despite such a lapse / breach by you the addressees, trusted you and while complying with the payment terms and more specifically term at SI. No. 2 of BOQ, on 1° and 2™ March, 2021, paid/ transferred a total sum of Rs 4,38,270/- (Rupees Four Lakhs Thirty Eight Thousand Two Hundred Seventy Only) through 4 different transactions in 3 different accounts provided by you. One account was in the name of Addressee no. 1 M/s Mist Turnkey Interiors and other account(s) were in name of employees of M/s Mist Turnkey Interiors namely Mr. Shreekanth and Ms. Pushpa, with this 45% of the total estimated value as advance. The said payment was duly acknowledged by you the addressees Office: Chamber No. 188, Block 11, Lawyer's Chamber, Delhi High Court, New Delhi- no003 ae Mobile: 09313674756 ‘ Email vishalbhatnagaradvegmail.com 5VISHAL BHATNAGAR & ASSOCIATES Advocates SUPREME COURT OF INDIA & DELHI HIGH COURT 11. 12. It is pertinent to note that as per the industry standards and the usual practice adopted, the abovementioned payment ought to have been made into Addressee no. 1's account, however, at the request of addressee no. 2, the abovementioned amounts were transferred into the personal and individual bank accounts of the employees of addressee no. 1. It is further to be noted that your, the Addressees; said request qua transfer of funds into the employees account was found to be unusual and suspicion prone However, My client, while not creating any controversy/ raising question, and further while believing and trusting your words and assurances, transferred the abovementioned amount in to the accounts as intimated by you the addressee no. 2. That despite the payment of the agreed 50% of the estimated amount and in view of time being an essence of contract, the pace at which you; the Addressees carried out the works was too slow and it was clear enough that you were lagging behind the schedule. My client, on several occasion requested you to speed up the pace of the work in order to finish the works within the agreed timelines. Office: Chamber No. 188, Block 11, Lawyer's Chamber, Delhi High Court, New Dethi- 110003 Mobile: 09313674756 E-mail vishalbhatnagaradv@gmail.com 6VISHAL BHATNAGAR & ASSOCIATES Advocates SUPREME COURT OF INDIA & DELHI HIGH CourT Furthermore, as per the terms at sl. No. 3 of the terms and conditions, 40 % of the payment was to be made after the material is delivered at the site, meaning thereby, that you the addressee no. 1 was entitled to the third tranche of payment only upon the successful delivery of the material at site, however, you the addressees, on 29" April, 2021, requested My client to make a Payment of Rs. 1,50,000/- on the ground that you; the Addresses are facing the financial crunch and requires My client to bail you out. My client, keeping the good interest in mind, while expressing his displeasure at your demand of 1,50,000/- to save you: the Addressees from financial crunch, still made the payment vide IMPS no 111917341603 on 29" April and deposited Rs. 75,000/- into the account maintained by Addressee no. 1. It is pertinent to note that the said payment was completely uncalled for and against the very letter and spirit of the agreement arrived at between the parties. That by May, 202% i.e. 2 months from the starting date, till such time you were already in receipt of 66% of the total cost against the permitted/ actual requirement of 50% payment. It is further pertinent to ncte that the works at the site were to be completed by 1" May, 2021, however, the site was nowhere near completion as - Office: Chamber No. 188, Block Il, Lawyer's Chamber, Delfit High Court, New Dethi- 110003 Mobile: 09313674756 ae Email vishalbhati adv@gmailcomVISHAL BHATNAGAR & ASSOCIATES. Advocates SUPREME COURT OF INDIA & DELHI HIGH CouRT 15. 16 17. the materials were yet to be delivered let alone the fixtures and fittings to be done. That My client, after having spent substantial amount of money ie 66% of the amount, the project was heading nowhere. My client have on several occasions expressed his displeasure and disappointment to you the addressees and your team members/ employees over messages, group chats, calls, etc but to not avail as no efforts were taken by you and your team to address My client's concerns. That on 12/07/2021, you the addressees, without any rhyme or reason, withdrew the labour from the site thereby, bringing the work to the stand still. The labour left the site and did not report to the site, due to which the work remained unfinished. Upon enquiring about the reason for the labour not coming to the Site, you the addressees assured that it is only temporary and they shall resume the work within 2 days. However, no one came to resume the works. Tirat, My cient vide email dated 13/07/2021 shaved the BOQ with the addressee no. 3 whereby, My client provided estimate with all Office: Chamber No. 188, Block 11, Lawyer's Chamber, Delhi High Court, New Delhi- 110003 Mobile: 09313674756 SY E-mail vishalbhatnagarady@gmail.com 8VISHAL BHATNAGAR & ASSOCIATES Advocates SUPREME COURT OF INDIA & DELHI HIGH CouRT the corrections based on the discussions and agreement arrived at between the parties. In the said BOQ, My client removed few items as you were taking lot of time in executing the works so much so that even the material was not been delivered at the site in order to generate the requirement of 40% of the payment under SI. No. 3 of the terms of BOQ. My client vide the said email requested the addressee no. 3 to intimate the work schedule and plan of action in order to expedite the execution of works at the site. 18. To the utter dismay, the addressee no. 3, vide his email dated 14/07/2021, instead of intimating the schedule of work and plan of action for expediting the works at the site, sent a very abnormal and unusual email whereby the addressee no. 3. intimated My client that the “work is been completed as per quidance and site requirement” and further directed My client to release Rs. 3,50,000/- in order to finish the work. It is pertinent to note that such email is paradoxical by its own words. On one hand you the addressees state that the work ishvas completed and on the other hand you admit that the work is/was yet to be finished. A bare perusal of the said email sent by addressee no. 3 clearly reveals that you sought the payment of Rs. 3,50,000 as a pre-condition to Office: Chamber No. 188, Block If, Lawyer's Chamber, Delhi High Court, New Delhi- n0003 ae Mobile: 09313674756 a we E-mail vishalbhatnagarady@gmail.com 9VISHAL BHATNAGAR & ASSOCIATES Advocates SUPREME COURT OF INDIA & DELHI HIGH CouRT finish the work. In simpler words, such email dated 14/07/2021 is nothing short of extortion by you the addressees. 19. That My client, immediately vide his email dated 14/07/2021, sought following clarification from you the addresses, which clarification are being laid hereunder for the sake of reference and convenience: a. Details of the works completed and pending, b. Meaning of guidance as used by addressee no. 3 in his email dated 14 July, 2021 ©. Details of site requirements and status of all the requirements (item wise) Basis of Rs. 3,50,000 sought by you the addressees in the email dated 14 July, 2021 Target date qua completion of the execution of works making it fit for My client and his family to move in. 2 » 20. That the addressee no. 3, upon being in receipt of My client's aforementioned email, sent another email dated 14 July, 2021 wherein the addressee no. 3, very conveniently evaded to answer the clarifications sought by My client in his email dated 14 July, 2021 and instead, resent the BOQ to My client with his comments. It is pertinent to note that a bare perusal of thé BOQ as sent by Addressee no. 3 clearly shows and depicts the admission by you Office: Chamber No. 188, Block If, Lawyer’s Chamber, Delhi High Court, ‘New Delhii- 110003 Mobile: 09513674756 a E-mail vishalbhatnagaradv@gmailcom 10 @)VISHAL BHATNAGAR & ASSOCIATES, Advocates SUPREME COURT OF INDIA & DELHI HIGH CourRT 24 22. the addressees in miserably failing to stick to the timelines, so much so, the said BOQ with addressee no. 3's comments clearly reflects that the work is far from completion, and only miniscule work has been executed till date. Further the BOQ shared by addressee no. 3 reflects that despite being in receipt of substantial sum, you the addressees has practically accomplished nothing That My client, vide his email dated 15/07/2021 sent the reminder to you the addressees seeking clarification sought by My client in his email dated 14/07/2021, You the addressees did not bother to reply to My client or provide the clarification as sought by My client That on 18/07/2021, My client had a telephonic conversation with you the addressee no. 2 and 3. During the discussion, you the addressee agreed that you the addressees are already in receipt of 66% of the payment much in advance as against the stipulated 50% of the payment. It is pertinent to note that you the addressee no. 2, being the Managing Director of the Addressee no. 1 and responsible for day to day affairs of the Addressee no. 1 was not even aware of the Agreement / BOQ and the terms and conditions agreement amongst between the parties. Furthermore, you the addressees, during the discussion, upon being questioned by My Office: Chamber No. 188, Block 1, pees Chamber, Delhi High Court, New Delhi: 110003 Mbile: 09313674756 E-mail vishalbhatnagai ico ctVISHAL BHATNAGAR & ASSOCIATES Advocates SUPREME COURT OF INDIA & DELHI HIGH COURT 23. vo client, could not provide the reason behind seeking the purported payment of Rs. 3,50,000/-. It is further pertinent to note that you the addressees, during the discussions expressly agreed that only 40% of the work has been completed and assured My client that * the entire works at the site shall be completed within 10 days. The assurance so given by you the addressees was sham as nothing has happened at the site ever since. That My client on 19/07/2021, vide email reiterated the discussion and your assurance for the sake of record. My client vide the said email further intimated to you the addressees that the works have altogether stopped at the site. It is pertinent to note that My client is in dire need to shift to their house/ the Site as, My client has already committed and assured My client's landlord that My client shall be vacating their rented accommodation soon but due to your misdeeds and misrepresentation, My client is under constant fear of succumbing to eviction proceedings from their landlord. However, you the addressees, in your utter high handedness, are/ were not bothered to finish the works at the site. My client vide the said email requested you the addressees to finish the pending work so that My olient can be saved from the possible harassment and embarrassment Office: Chamber No. 188, Block 11, Lawyer's Chamber, Delhi High Court, ‘New Delhi- 110003 on Mobile: 09313674756 Email vishalbhatnagaradv@gmailcom 2VISHAL BHATNAGAR & ASSOCIATES. Advocates SUPREME COURT OF INDIA & DELHI HIGH CouRT 24, 25, 26. That on 20/07/2021, you the addressee no. 3 while replying to the email dated 19/07/2021 of My client, without any facts and proof, stated that you have completed 85% of the work and demanded release of 95% of the payment with immediate effect. It is pertinent to note that you the addressee no.3 in the said email admitted to the fact that the works at the site has stopped and the same shall only be resumed once the payment is made. That My client immediately vide his email dated 20/07/2021 sought the rationale behind 85% of the work completed. It is pertinent to note that as per the terms and conditions stipulated on BOQ, you the addressees herein were entitled to 95% of the payment i.e. 40% of the total amount only upon the delivery of the material at the site and not before that. My client vide his said email dated 20/07/2021, reiterated the agreed condition of seeking the 95% of the payment upon delivery of material at site. My client further vide the said email sought the clarification’ justification from the addressee no, 2 and 3 qua 85% of the work completion. My client further, vide the said email, requested you the addressees to adhere to the terms and conditions and finish the work at site That you the addressee no. 3, while replying to My client's abovementioned email, vide his email dated 20/07/2021 itself, Office: Chamber No. 188, Block 11, Lawyer's Chamber, Delhi High Court, New Delhi: 110003 Mobile: 09313674756 Email vishalbhatagaradvagmailcom BVISHAL BHATNAGAR & ASSOCIATES. Advocates SUPREME COURT OF INDIA & DELHI HIGH CourT 27. 28 offered to send the executive to visit the site and do the site validation qua the percentage of work completed, in the weekend ie, by 24/07/2021 That My client, vide his email dated 21/07/2021, requested you the addressee to expedite the visitation process and not push it till the weekend as every single day was important for My client for reasons mentioned in preceding paragraphs. My client further expressed his disappointment over the state of affairs adopted by you the addressees wherein the works at the site had completely stopped w.e-f. 12/07/2021 and you the addressees had completely stopped answering the calls or messages from My client, so much so, that you the addressee had even left the Whatsapp group so created in the beginning thereby leaving My client with no option to communicate with you the addressees. That you the addressees despite being in receipt of the said request from My client did not bother to reply nor act upon, making it abundantly clear that you the addressees have always been interested in extracting money out of My client and were least interest in executing the works undertaken That My client vide his emails dated 22/07/2021 and 23/07/2021 yet again requested you the addressees to arrange an early visit of Office: Chamber No. 188, Block I1, Lawyer's Chamber, Delhi High Court, New Dethi- 10003 Mobile: 09313674756 Email: vishalbhatmagaradve@gmailcom 4VISHAL BHATNAGAR & ASSOCIATES Advocates SUPREME COURT OF INDIA & DELHI HIGH COURT 29. 30. the executive, but to no avail as you the addressees did not bother to reply nor communicate with My client. That on-site inspection was finally carried out on 26/07/2021 after delay of over 2 days and repeated request by My client. It is pertinent to note that the site inspection was carried out by one Mr. Shivkumar from M/s Designing and Interior Solution and not by addressee no. 1 thereby clearly depicting that you the addressee no. 1 was not at all equipped with proper resources and manpower. Be that as it may, during the said site visit/ inspection, you the addressee no. 2, 3 and one Ms. Paridhi from Addressee no. 1 was present along with My client and his wife at the site It is pertinent to’ note that upon the site inspection/ evaluation, Mr. Shivkumar, who was engaged by you the addressees carried a detailed inspection of the works done and upon his inspection, Mr. Shivkumar found that only 40% of the work was completed til 26/07/2021, thereby making it abundantly clear that you the addressees have been only passing away the time by cheating upon My client with fake assurances and representations. Upon the conclusion of the site inspection and upon being clear that only 40% of works were carried out till date, My client confronted you Office: Chamber No. 188, Block 11, Lawyer's Chamber, Delhi High Court, New Delhi- 110003 mobile: 09313674756 E-mail vishalbhatmagarady@gmailcom 15VISHAL BHATNAGAR & ASSOCIATES Advocates SUPREME COURT OF INDIA & DELHI HIGH CouRT the addressee no. 2 and 3 and sought the reason for the unnecessary delay despite being in receipt of more than agreed amount. Upon being confronted, you the addressee no. 2 and 3 could not provide any reason. You the addressee no. 2 and 3 promised to resume the work and finish the same without any delay. 31. That My client vide his email dated 26/67/2021, reiterated / narrated as to what transpired in the meeting. My client, along with the said email also attached the report of the executive, Mr Shivkumar for the reference and clarity purposes to you the addressees. My client while trusting your representation and assurance further requested you the addressees to honour your commitment and assurance, and finish the works at Site with immediate effect. 32. To the utter shock and dismay, you the addressee no. 2, on 28/07/2021 vide email took a complete contrary stand which, on the face of it was not only absurd but also completely lacked merits and against the report prepared by Mr. Shivkumar, an executive engaged by you. You the addressees in the said email completely distorted the findings of the Mr. Shivkumar and stated that work Office Chamber No. 188, Block II, Lawyer's Chamber, Delhi High Court, New Delhi- 110003 oa Mobile: 09313674756 x E-mail: vishalbhatnagaradv@gmailcom 16VISHAL BHATNAGAR & ASSOCIATES Advocates SUPREME COURT OF INDIA & DELHI HIGH COURT 33, 34, completed as per the values of the items covered is more than 75% of the total value. You the addressee further vide the said email, demanded the release of balance payment as a condition to commence and finish the works at site. My client, vide his email dated 28/07/2021, while replying to addressee no. 2's email, demanded the basis of computation amounting to 75% of Work despite clear and unequivocal report by you the addressee’s chosen official confirming that only 40% of the work has been completed. My client realized that your intentions have become dishonest and you the addressees do not wish to complete the works and are only interested in getting Rs. 3,50,000 out from My client. My client, vide the said email, yet again requested you the addressees to either finish the work or refund the excess amount immediately with interest. That you the addressee no. 3 vide email dated 29/07/2021 replied to My client’s email dated 28/07/2021. In the said email dated 29/07/2021, you the addressee no. 3, in order to prove baseless computation qua the percentage of work gave completely baseless figures which were completely opposite to the figures provided by Mr. ShivKumar in his report dated 26/07/2021. You the addressee no. 3 in the said email further admitted that your manpower has Office: Chamber No. 188, Block II, Lawyer's Chamber, Delhi High Court, New Delhi- 10003 Mobile: 09313674756 E-mail: vishalbhatnagaradv@gmail.com vVISHAL BHATNAGAR & ASSOCIATES Advocates SUPREME COURT OF INDIA & DELHI HIGH COURT been withdrawn and the works have come to standstill. You the addressee no. 3, despite being aware of the correct facts, in complete unethical manner, sought the release of the payment of Rs. 3,50,000 as a condition to resume the works at the site. 35. That on 29/07/2021, My client vide his email dated 29/07/2021 sent a reminder to you the addressees on details of the calculation arrived at by you the addressee to the tune of 75% work completion. My client vide the said email yet again requested you the addressees to either finish the work or refund the excess amount immediately with interest. However, the said email of My client was very conveniently not replied to by you the addressees. 36. That My client yet again on 30/07/2021, sent another reminder email in line with the earlier email dated 29/07/2021, The said ‘email also met the same fate as the earlier one i.e. you miserably failed to reply to the said email 37. That My client, on 01/08/2021, sent a detailed email to you the addressees. By now it was clear to My client that you the addressees in connivance with each other have played calculated fraud unto My client and has forced him (Mr. Mahosh Raichandani) to part with his life savings. My client vide the said Office: ef Chamber No. 188, Block II, Lawyer's Chamber, Dethi High Court, New Delhi- 110003 ' Mobile: 09313674756 z E-mail vishabhatnagaradyegma: 18VISHAL BHATNAGAR & ASSOCIATES Advocates SUPREME COURT OF INDIA & DELHI HIGH COURT 38. email dated 01/08/2021, laid down each and every account of facts which depicts the cheating being committed by you the addressees in connivance with each other unto My client. My client vide the said email expressed his helplessness which has left My client high and dry in the middle of no where. The various actions committed by you the addressees which tantamount to cheating and fraud committed by you against My client is laid hereunder for the sake of reference: a. In agreement. Acrylic was confirmed as 2mm Rehau Brand (costing Rs. 15000/- per sheet) but you the addressees purchased other brand costing just Rs. 3200/- per sheet and when My client asked you to reduce the cost, you started giving excuses and did not reduce rate. You in fact tried to charge My client extra for this over and above the earlier estimate which included Acrylic sheets of Rs. 15k/sheet fraudulently b. You the addressees confirmed that you have purchased 10 sheets of acrylic and charged My client for that but in your factory it was only 6 sheets available, when My client highlighted this, you again started giving lame excuses making it lear that you were trying your best to. extract as much money from My client as you can. ¢. For more than a month, you played all the tricks to avoid sharing the color options for 2 mm Acrylic and kept asking My alients to choose Office: Chamber No. 188, Block 11, Lawyer's Chamber, Delhi igh Court, New Delhi- 110003 A Mobile: 09313674756 wy Email vishalbhamagaradvegmailcom 19