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LEGAL NOTICE
(Notice for Delay in Handing Over Possession of Property under the Real Estate (Regulation and Development) Act, 2016 read with the Indian Contract Act, 1872)
FROM:
________
________
Email: ________
Phone: ________
Through Counsel: ________, Advocate, Enrolment No. ________, having office at ________ (strike out if issued by the Allottee in person).
Date: ________
Place: ________
TO:
________
________
RERA Registration No. of Project: ________
CIN (if a company): ________
Sent by: ________ (e.g., Registered Post A.D. / Speed Post / Courier / Email)
RE: LEGAL NOTICE FOR DELAY IN HANDING OVER POSSESSION OF THE PROPERTY AND DEMAND FOR DELAY-INTEREST/COMPENSATION
Dear Sir/Madam,
Under instructions from and on behalf of my client, ________ (hereinafter referred to as the "Allottee"/"We"/"Us"/"I"), I hereby serve upon you, ________ (hereinafter referred to as the "Promoter"/"Builder"/"You"/"Your"), this Legal Notice in the following terms:
§1. The Agreement
1.1 That the Allottee and the Promoter entered into an agreement, namely ________ dated ________ (hereinafter the "Agreement for Sale"), in respect of the property more particularly described as: ________ (hereinafter the "Property").
1.2 That the said Agreement for Sale was duly executed and, where applicable, registered under the Registration Act, 1908 vide Document No. ________, and governs inter alia the following terms and obligations:
________
1.3 A true copy of the Agreement for Sale is annexed herewith and marked as Annexure for ready reference.
§2. Consideration Paid by the Allottee
2.1 That the total sale consideration agreed under the Agreement for Sale is Rs. ________ (Rupees ________ only).
2.2 That the Allottee has, in due compliance with its obligations, already paid to the Promoter a sum of Rs. ________ (Rupees ________ only), which constitutes ________% of the total sale consideration, the receipt whereof has been acknowledged by the Promoter.
§3. Breach by the Promoter — Delay in Possession
3.1 That in terms of Clause ________ of the Agreement for Sale, the Promoter was contractually bound to hand over lawful, physical and vacant possession of the Property to the Allottee on or before ________, subject to a grace period of ________ (________) days therefrom.
3.2 That despite the expiry of the agreed date of possession together with the grace period aforesaid, the Promoter has wholly and unjustifiably failed and neglected to hand over possession of the Property to the Allottee, and has, to date, furnished neither any firm committed date for handover nor any valid or lawful reason for the continuing delay.
3.3 That the aforesaid conduct constitutes a clear breach of Clause ________ and other terms of the Agreement for Sale, and amounts to a failure to complete and hand over possession within the period stipulated under Section 18 of the Real Estate (Regulation and Development) Act, 2016 ("RERA"), thereby entitling the Allottee to interest and/or refund and compensation as provided thereunder, in addition to remedies available under Section 73 and Section 74 of the Indian Contract Act, 1872.
§4. Prior Communications
4.1 That the Allottee has, on prior occasions, brought the said delay to Your notice in the following manner, but to no avail:
________
4.2 That it is dismaying to note that, notwithstanding the said communications, You have wholly failed and neglected to rectify the breach or to hand over possession of the Property.
§5. Loss and Hardship Caused to the Allottee
5.2 That the Allottee is entitled to interest on the amounts paid for every month of delay till the date of actual handover of possession, at the rate prescribed under the applicable RERA Rules of ________ and/or at the rate of ________% per annum, and/or to a refund of the entire amount paid together with interest, at the option of the Allottee under Section 18 of RERA.
§6. Contractual Notice Requirement
6.1 That this Notice is issued, inter alia, in due compliance with the contractual notice requirement stipulated under Clause ________ of the Agreement for Sale, and constitutes formal notice of the Promoter's default.
§7. Demand
7.1 In view of the foregoing, You are hereby called upon to:
(a) forthwith hand over lawful, physical and vacant possession of the Property, complete in all respects, together with the requisite occupancy/completion certificate; and
(b) pay to the Allottee compensation/interest for the loss occasioned by the delay, in the following form:
________
7.2 You are required to comply with the aforesaid demands and to furnish a satisfactory resolution within ________ (________) days from the date of receipt of this Notice.
7.4 This Notice is issued without prejudice to and with full reservation of any and all other rights and remedies available to the Allottee under the Agreement for Sale, RERA, the Indian Contract Act, 1872, and any other law for the time being in force, all of which are expressly reserved.
7.5 The jurisdiction for any proceedings arising herefrom shall vest in the courts/authorities at ________, and this matter shall be governed by the laws of India.
A copy of this Notice is retained in my office for record and further necessary action.
Yours faithfully,
___________________
________
(Allottee) / Through Counsel ________, Advocate
Enclosures / Copies attached:
1. Copy of ________ dated ________.
2. Copies of prior correspondence, payment receipts and bank statements evidencing payments made.
3. ________
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