SPEED POST/COURIER

Dated _____.12.2020
To,
M/s Devi Tulsi
334/2, Lane No.13,
Mohit Nagar, GMS Road
Dehradun, Uttarakhand-248006

Through its proprietor

Mr. Abhinav __________

LEGAL NOTICE
Sir,

Under instructions from and on behalf of M/s Lamane Infrastructure Pvt.

Ltd. having registered office at 5A/12, Ground Floor, Ansari Road,
Daryaganj, Delhi-110002, through it’s Director Navneet Jain (hereinafter
referred to as our client), we hereby serve you upon the following legal
notice:

1. That our client is a Private Limited Company incorporated under the

Companies Act, 1956 and engaged in the business of real estate
development.

2. That you Addressee is a proprietorship firm; and engaged in the

business of water treatment and purification equipments and sell,
installation, after sale service and maintenance of waste water
treatment system/STP plants, being an authorized service agent for
SINTEX company.

3. That our Client has developed a residential project in the name and
style of “Imperial Heights” situated at Mussorie Road, Dehradun,
Uttarakhand. That for the said project our Client was in requirement
of Sewage treatment system (hereinafter called as STP).

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4. That you Addressee approached our Client for supply, installation
and after sale service and supervision of Sintex purification
equipment – Sintex package domestic waste water treatment system,
and made an Offer/Quotation vide Ref No. dt/Q/3001/01/19 dated
30.01.2019 to our Client, of “Sintex Package Sewage Treatment Plant
(NBF-PSTP series) of capacity 150 m3/day alongwith Tertiary
Treatment System” for the aforesaid residential project of our Client.
That the said Offer of you Addressee including the leaflet and
brochure attached thereto, described the working procedure,
advantage and scope of Sintex package, commercial details and
sewage parameters of Sintex Package Sewage Treatment Plant.

5. That vide Clause 5 of the said Offer, you Addressee categorically

assured and guaranteed our Client with respect to the Sewage
parameters at outlet of Sintex’s package STP (NBF Model) and at
outlet of Sintex’s Package STP (NBF Model) + Tertiary Treatment.
That in terms of your Offer, the sewage treated from the Plant and
tertiary system can be reused for irrigation, gardening/landscaping,
toilet flushing and cleaning etc.

6. That the description, representations and assurances on the part of

you Addressee with respect to your Treatment Plant and more
particularly, about the guaranteed Sewage Parameters and your
commitment for after sale supervision and service, attracted our
Client to consider your proposal and offer.

7. That thereafter on the basis of your representations and assurances

our Client was lured to place Purchase Order for supply, installation,
after sale supervision and maintenance of “Sintex Package Sewage
Treatment Plant (NBF-PSTP series) of capacity 150 m3/day
alongwith Tertiary Treatment System”. That vide said Purchase
Order the requirements of our Client were communicated, and it was
also clearly stipulated that all the work is to be executed as per
specifications and representations in your Offer and the Purchase
Order of our Client and the same was duly agreed by you Addressee.

8. That the said Purchase Order stipulating the works as well as the
terms and conditions for performance was duly accepted and agreed
by you Addressee on your own free will and volition. It is pertinent to

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 mention herein that in terms of the PO, and relying upon your
representations and assurances, our Client paid an amount of
Rs.12,98,000/- (Rupees Twelve Lacs Ninety Eight Thousand Only)
through Cheque No. 470034 drawn on Karnataka Bank as an
advance amount on 19.03.2019 which was duly acknowledged by
you Addressee. That thereafter our client made entire payments to
you Addressee aggregating to Rs.51,92,000/-. (Fifty One lacs Ninety
Two Thousand only).

9. That as per you addressee’s representation / quotation, it was

categorically mentioned that material of STP will be supplied within
3-4 weeks of making advance payment. That based on you
addressee’s promise that material will deliver as per the
commitment, our client got the site ready and dug up the entire area
of 600 Sq. Yds. In the month of ________.

10. To the utter shock and surprise, you addressee did not supply the
material on time and started making false excuses like material is
getting ready, its getting dispatched etc. Thereafter, our client
requested you addressee several times to supply the material so that
STP can be worked but to no avail.

11. Thereafter, the rains started in the month of June, 2019 and it was
so risky for our client for the safety of the big tranche of 600 Sq. Yds.
That for the safety of site, our client placed thousands of sand bags
do that the landslide is avoided in the said tranche. That in the
month of July, 2019, 4 tanks out of 5 tanks were delivered at our
client’s site.

12. Thereafter, our client requested you addressee to deliver the 5 th tank
so that the installation can take place and also apprised the worst
situation of the site and also mentioned that if the tranche is not
filled, the entire site may come in danger. That you address promised
our client that the needful will be done but you addressee’s promises
gone in vain as the supply of 5 th tank was not supplied at our client’s
site. That our client made several telephonic calls to you addressee
but you addressee stopped taking calls of our client.

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13. Thereafter, after much persuasion, you addressee sent your father to
our client’s site. That addressee‘s father gave a new excuse that there
was some accident during transport of 5th tank and material will
again get ready and may take some time.That thereafter, on
22.08.2019, 5th tank was delivered at our client’s site but no
installation and the same were installed in the month of September,
2019.

14. That thereafter lowering of all 5tanks only started on 15.09.2019.

Thereafter, you address assured our client that the installation team
will reach site within 2-3 days but the installation team did not visit
the site for installation and again our client was on mercy of you
addressee. That thereafter the Sewage Treatment Plant/System (STP)
was installed at the project Imperial Heights of our Client in
November 2019, though with several shortcoming and deficiencies.
That our client pointed out the shortcomings and requested you
addressee to ratify the same so that the plant can run smoothly. but
you addressee did not rectified that same took one excuse or the
other.

15. After installation of STP, our clients apprised you addressee that in
terms of Clause 2.2 of your Offer dated 30.01.2019, the motor
capacity to be supplied by you were 7.5 HP; however, the motor
installed by you addressee is of only 5 HP capacity. On raising this
issue you addressee assured that you addressee will replace the
motor very soon but nothing was done by you addressee. That since
the date of installation of the STP Plant by you Addressee, the swage
parameters of outlet, never matched your guaranteed mark in terms
of the agreement. That the sewage parameters of outlet on almost all
counts failed and moreover, the actual result on different counts of
the parameters was much beyond the standard as per agreement.
Inspite of all these issues when we contacted you addressee, you
addressee always assured that it is starting and it will resume to
normal functioning very soon as new plant takes time to adapt.

16. That the officials of our Client made several requests and reminders
to you Addressee to initiate appropriate remedial measures to bring
the sewage parameters at outlet of the plant within the standard and
agreed parameters. However, you Addressee ignore to initiate any

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 concrete or substantial remedial step to improve the parameters.
That too when there was a guarantee period of 2 years for this STP
plant but you never bothered for any of your commitment.

17. It is further worth to bring to your notice that very much after
installation of plant, stink started coming out of plant irritating
residents, which is located between 2 towers of the residential
apartment Imperial Heights in which more than 100 families are
residing. That the residents of the apartment thereafter started
complaining to our Client about the unbearable and extremely foul
smell rendering the premises not inhabitable. That despite requests
from our Client, you Addressee did not bothered to conceal the same.
That thereafter, on you addressee’s visit to the said project, our
Client once again took all the measures and steps, suggested by you
addressee and Purchase Order and as instructed by you Addressee;
however, despite all efforts on the part of our Client, no improvement
resulted in the sewage parameters or in the foul smell.

18. That thereafter vide letter dated 20.03.2020 annexing the Test
Report dated 07.03.2020 our Client duly conveyed you Addressee
about the shortcomings in the said STP Plant and also asked you as
to when the next test to achieve the agreed parameters be conducted.
That to the shock and dismay to our Client, you Addressee did not
respond and choose to neglect the same.

19. That subsequently our Client again requested you Addressee

reiterating the issues relating to the malfunctioning of said STP
Plant, for appropriate steps to reach the desired parameters of
treated water; however, to no avail.

20. That instead of receipt of huge sums of money from our Client, you
Addressee did not abide by the terms of the Offer and the PO and
grossly failed to perform as agreed under the PO. That our Client was
compelled to serve you Addressee series of reminders; however, all
the efforts of our Client went into your deaf ear. Despite expiry of
substantial period of time, you Addressee have failed to take
remedial measures and execute the work in terms of the agreement.

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21. Further due to this non functional STP our client had to suffer
humiliation from residents of society, blaming our client for putting
inferior plant. Also our client was not able to use treated water even
for watering plants and leading to wastage of water and hence
defeating the entire purpose of having STP in society. Our client was
foced to bring lot of tankers daily in society for watering plants and
cleaning purpose, where our client could have used treated water.

22. That since you Addressees could not perform your part of
obligations, our client had to got all the remedial works done through
independent agency namely, Divine India Technologies. They
submitted a report stating that there are several deficiencies in
installation of plant and those needs to be removed urgently if we
wish to make plant functional. Accordingly, Divine India
Technologies submitted a quotation of 94,400/- (inclusive of GST)
and also there were lot of work to be done for rectifying the plant.
Thus, our Client is burdened with extra expenditure of almost
Rs.4,00,000/-, for which you Addressee is liable to compensate our
Client as being on account your failure to execute the agreed work.
That apart from the above amount of Rs. 4,00,000/-, you Addressee
is also liable to pay an amount of Rs.10,00,000/- (Rupees Ten Lacs
Only) to our Client for causing unwarranted harassment and agony
and against damages towards breach of the terms of the PO issued
against your Offer and non performance of the agreement.

In the aforementioned circumstances as delineated here in above, you are

hereby called upon to pay our Client, within a period of seven days,
aggregate amount of Rs.14,00,000/- (Rs.4,00,000/- + Rs.10,00,000/-)
towards damages for breach of the terms of the PO issued against your
Offer and non performance of the agreement, causing unwarranted
harassment and agony, and expenses incurred towards payment to
independent agency getting done the remedial works not performed by you.
The aforesaid amount of Rs.14,00,000/- shall be payable within a period of
7 days of the present notice and shall attract interest @ 18% p.a. in the
event of failure to comply, which event shall also constrain our Client to
initiate appropriate legal proceedings against you at your cost, risks and
consequences.

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 FOR INTELLECTIVE LAW OFFICE

TAPAN KUMAR JHA

PS: A copy of present Legal Notice is retained in our office for appropriate course of action.

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