Consumer Redressal

A R MUNEER AHMED (Advocate ) KHAITAN & CO. LAW FIRM KHAITAN & CO. LEGAL FIRM DELHI ,NOIDA & All India OFFICES Ref: MSR/VSL/Legal/2374/46 Dated: 29.06.2015 To,CEO M/s Supertech Ltd. Mr. R.K AroraSupertech Limited1114, Hemkunt Chamber 89,Nehru Place, New Delhi - 110019 (India)Ph.: +91-11-41619836& GL Khera, Deepak Vohra, Suman Kumar, CRMSupertech LimitedSupertech HouseB 28-29, Sec-58,Noida - 201307, IndiaToll Free: 1800 103 7676Fax: +91-120-4669991 Further to my Client"s Srikant Mudiganti (CRN No. 1041871) & Booling Allotment No. ( 3024451 ) booked his house in D-202, Supertech Ecociti, Sector 137, Noida Expressway, Sectro 137 as allotted on 6th April 2011 (attached allottment letter) & to your - Supertech"s reply and letter dated 24-06-2015, we do hereby serve upon you the following Legal Court Notice : 1. That my Client Srikant Mudiganti has booked his house R01700D0202, D 202, Supertech Ecociti, Sector 137, Noida 201301 on 6th Of april 2011 & till date the Possession and Registration of his house/flat has not been done by you M/s Supertech ltd. Being in more than 3 years delay in possession (actual delivery possession date as per Allotment letter being April 2012) Supertech limited has unlawfully refunded the loan money along with the part of my Client"s money to LICHFL in Nov 2014 just before the possession of the projects neared possession thus doing a cheating and fraud under IPC Section 420 and 406, and non - performance and violation of Consumer protection Act 1986. 2. After refunding the loan amount to LICHFL, along with my Client"s part contribution to you, Supertech has sold my Client"s allotted house as per allotment and agreement, Supertech has sold my Client Srikant Mudiganti"s house D-202, Supertech to some other Customer illegally and as a criminal offence to some other Customer at triple the actual booking price at time of allotment, thus again Supertech would be prosecuted under Section IPC 420 & Section IPC 406 OF cheating and fraud to its Customer Srikant Mudiganti ( CRN 1041871 ) 3. As per TPA Clause and contractual agreement the builder (in this Case Supertech) must not refund any money to banking institute at any stage and Customer who has been paying EMIs to his bank (in this case LICHFL) should not be bypassed as per the Indian Court of law, any discrepancies between the banking institute and its customer must be resolved between bank and the cutsomer itself through a moratorium period or through otherways, any intervention of builder in terms of paying back the loan amount with Customer"s money included must be and would be treated as breach in Contractual agreement and Non perfromance of TPA by the builder (Supertech in this case) and it would be clearly marked as huge hidden business inetrest for the builder and bribing to LCIHFL for achieveing this, thus the builder Supertech would be prosecuted under the IPC Section 420, Section IPC 406 and Violation of Consumer Act 1986 thus suing the Builder Supertech for its Civil and Criminal offence of cheating,forgery and Fraud. 4. M/S Supertech is hereby advised to immediately recover the damages and loss done to my Client Srikant Mudiganti ( CRN 1041871) through the following forms and settle the matter "Out of Court " amicably before this case is filed to honorable HIGH Court and Supreme Court of India in fast track process of appeasement to sort out the forgery and fraud and relieve my Client Srikant Mudiganti (CRN 1041871, D 202, Supertech Ecociti, Sector 137,Noida,20301) 4.1 a) Handing over the flat/house of my Client Srikant Mudiganti R01700D0202, D 202, Supertech Ecociti, Sector 137, Noida 201301 on immediate effect and getting it registered and possession provided with immediate effect. b) Paying my Customer Srikant Mudiganti immediately the Delay in Possesssion with interest of daily 24 % from April 2012 till date on a compounding basis. c) Paying back all the EMIs paid by my Customer to LICHFL worth Rs 6,48,000 with interest od daily 24 % on a compounding basis from April 2012 onwards till date, as a penalty and damage control cost born by my Customer Srikant Mudiganti in forms of Rents, delays in possession, closure of loan account by LICHFL due to delay in possession by Supertech for 3 years and LICHFL treating this as Unsecured loan) d) Paying my Customer Srikant Mudiganti current market value of his flat R01700D0202, D 202, Supertech Ecociti, Sector 137, Noida 201301 on an immediate basis as a legal prosecution and its penalty for illegally selling my Customer"s flat to some other customer although keeping 95 % of payment done by my Customer & LICHFL (and my Customer paying EMIs worth Rs 6,48,000 to LCIHFL over the 3 plus years) and holding the entire money for 3 plus long years in form of delay in possession and inspite of already my Customer Srikant Mudiganti allotted the flat in April, 6, 2011 and then delaying the possession and registeration and then illegally & unlwafully selling my Customer"s allotted and booked house D 202, to some other Customer without my Client Srikant Mudiganti"s consent. e) Penalty clause amount under the "Mental and Physical agony and harassment caused by the builder M/s Supertech for thr Fraud, Forgey and Cheating to my Client Srikant Mudiganti Rs 3,50,000 f) Legal expenses incurred during the entire process as on date right from begining of the legal process which is born by my Client which is now being taken forward to the High Court and Supreme Court of India Rs 3,50,000 Note : The hard copy of this High Court Legal Notice would be sent across shortly to all the regitstered and Corporate offices of Supertech and its stakeholders, any delay in response and relief to my Client would lead to the matter being taken to High Court and Supreme court and serious prosecution there-of against the builder M/s Supertech as per the Indian Court of Law and IPC. Thus in totality M/s Supertech has to pay a sum of (a), (b),(c) (d), (e) & (f) within 4 working days to our Custome/Client r Srikant Mudiganti faling which this matter would be taken to MEDIA AND DAILY NEWSPAPERS & to Highest Levels of both civil and criminal courts against Supertech including one under section 406 & 420 of IPC by holding Supertech Solely esponsible for the costs and consequences thereof. M/s Khaitan & Khaitan Co (Law Firm associates) Advocates Delhi & All India Offices 404,Sai Encalce, Sector 137, (Near Metro Station) Noida, 201301 Email : khaitanlegalfirm@gmail.com Mob : +91 9845712075, +91 8749076250