NOTICE BEFORE FILING A COMPLAINT

From,

Flat purchaser: …………………………………………………………………………….

Address:
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………

To
Developers,

M/s. Bhujbal Brothers Construction Company (Partnership Firm)

Office Address
Bhujbal House, Damodar Estate,
Wing No.1/A, Bhujbal Baug, S. No. 28,
Karvenagar, Pune-411 052.

Rep. Through its partners –

1. Mr. SURAJ RAMAN BHUJBAL

Age- 33 years, Occupation– Business,
R/at- S. No.160/1, Kothrud, Pune-411 038

2. Mr. RANJIT JAGGANATH BHUJBAL

Age- 38 years, Occupation- Business,
R/at- S. No.160/1, Kothrud,
Pune-411 038

Reference: Our earlier meetings, notice by Akhil Bhartiya Grahak Panchayat Pune and
written communication.

Sub: Execution of agreement to sale for registration of property and completion of

work/provision of amenities as agreed at time of booking.

Dear Sirs,

I am serving this notice to you for registration of flat, completion of incomplete work
and for demand of payment of compensations as mentioned in this notice herein
below.
I have booked flat No_________ in the building No.________ in your scheme called
Misty Trails, located on Sr. No 65, Hissa No. 6A+6B/2B/1 & 6A+6B/3B,  Hadapsar, Pune.
As per commitment done at time of booking of flat the agreement to sale is not
registered till date. At time of booking date of possession was committed …………………..
with all amenities promised in the advertisement and broacher duly completion
certificate and occupation certificate from Pune Municipal Corporation.

I am sorry to say that until today you have not done registration of flat or handed over
the possession of the flat after passing more than ………………. months. In spite of our
repeated reminder & meetings with you, you have failed to do registration of flat or give
possession of flat or any compensation to me and other purchasers of the Scheme
called “Misty Trails”.

Please note as per information given at time of booking flat/demand drafts you charged
us with interest of 24% on failure of payment. So same is applicable to you as you also
failed to provide possession of flat on the promised date.

1. I have entered into a flat purchase by booking flat on Date…………………….. with

you individually with commitment from your side for execution of agreement to
sale in 15 days. Now …………….. months have passed but till date you have failed
to do agreement to sale. It is mandated by the laws such as Transfer of Property
Act 1882; The Indian Contract Act 1872; The Registration Act 1908; Hindu
Succession Act 1956; Indian Succession Act 1925 and such other municipal laws,
local laws and bye laws.

You have infringed these laws. As execution of the agreement is binding on you,
please note that you are liable to be prosecuted under the Transfer of Property
Act 1882; The Indian Contract Act 1872; The Registration Act 1908; Hindu
Succession Act 1956; Indian Succession Act 1925.

I have complied with all the conditions of booking and verbal commitment to this
purchase of flat but you have failed to do agreement to sale and complete the
work of the project within the stipulated time mentioned while booking of flat.
Several meetings and written emails, notices were send to you. You are hereby
called upon to complete the incomplete entire work of my flat as well as work of
promised amenities and provide Completion Certificate from Pune Municipal
Corporation, complete the formality of Society formation and registration,
Conveyance deed in favor of society within 30 days of the receipt of this notice.

2. As per Maharashtra Flat Owners Act, 1963, section 3, clause "n", which
mentions that flat, should be sold on the basis of carpet area only. You have not
followed this and sold flat on saleable area. Hence you are requested to
 calculate area of flat on basis of carpet area and refund extra amount with 24%
interest.

3. Services Tax Paid Charges: - You are requested to refund Rs………………………………

with 24% interest as collection of Service Tax is illegal.

4. VAT Paid Charges: - You are requested to refund Rs.……………………………… with

24% interest as collection of VAT is illegal.

5. TDS Charges: - You are requested to refund ……………. TDS deducted with 24%
interest as flat is not handed over to me.

6. Loss On Income Tax:- As possession and completion certificate has not been
given by you I am loosing income tax benefit. Hence you are requested to pay
loss on income tax with 24% interest as flat is not handed over to me and I was
unable to claim deductions on paid amount.

7. Refund of Society registration charges and Legal Charges: - for formation of

society only Rs 500/- per head is enough as per the circular issued by
Commissioner of Co-op and Akhil Bhartiya Grahak Panchayat Pune whereas you
have collected ……………………… which is very high. Hence you are requested to
refund Rs. ……………………… with 24% interest.

8. Development Charges: - You have collected development charges from us which

is illegal as per Maharashtra Flat Ownership Act 1963, hence I request you to
refund Rs. ………………………………… with 24% interest.

9. Refund of Electricity Meter Charges: - I have paid an amount of

Rs…………………………………… for the Electricity Meter & Other charges. For new
electric meter connection below is bifurcation as per the circular issued by
Maharashtra State Electricity Distribution Co. Ltd –

New connection: Rs.1500

Security Deposit: Rs.1000
Application registration & processing charges: Rs.50
Miscellaneous charges: Rs.50

So Rs.2600 is the amount that is charged by Maharashtra State Electricity

Distribution Co. Ltd. So charging money more than Rs.2600 is illegal hence you
are requested to return Rs. ………………………… with 24% interest.

10. Mental Agony: - As per commitment at time of booking, it was binding on you to
hand over the possession of the flat on or before ……………………………………. but
 you have failed to complete the work of the building and project. Furthermore it
was observed you did repeated meetings with flat purchasers without intention
of completion of work with fake promises and false information. Due to which I
suffered severe stress and depression. Since you have not handed over the
possession, I have suffered great mental agony. You are hereby liable to pay the
Rs.5,00,000/- for mental agony & suffering.

11. Refund of Loan on property and de-mortgaging of property:- You have raised
loan from various banks like Bank of Maharashtra & Cosmos Bank for the
project Misty Trails located on Sr. No 65, Hissa No. 6A+6B/2B/1 &
6A+6B/3B, Hadapsar, Pune and the entire property has been mortgaged to
various Banks. You are hereby asked to repay the entire loan raised from above
and any other Bank and get the property card & 7-12 extract cleared within 15
days. Failing which necessary charges and criminal complaints will be lodged
against you and cost will be recovered from you.

In last I would like to put emphasis that if you fail to do agreement to sale and give
possession within 30 days with all the amenities and completion certificate from PMC
and also if you fail to pay above mentioned compensation and refund of amount as
mentioned above then you will be prosecuted by virtue of Consumer Protection Act;
Transfer of Property Act 1882; The Indian Contract Act 1872; The Registration Act
1908; Hindu Succession Act 1956; Indian Succession Act 1925 and such other municipal
laws, local laws and bye laws, Maharashtra Flat Owners Act, 1963 & The Real Estate
(Regulation And Development) Bill, 2016.

Thanking you,
Yours faithfully,
Date: ………………………….
………………………………………………………

Note:

1. Copy of notice send to Akhil Bhartiya Grahak Panchayat Pune.