Refund
ashok khare
(Querist) 14 July 2012
This query is : Resolved
Respected Sir,
We have sent Legal Notice to the Country Club....
L E G A L N O T I C E
To, Date : 12.06.2012
GENERAL MANAGER,
Country Club (India) Ltd,
Prathmesh Complex,
Veera Desai Road Extn,
Andheri (West),
Mumbai – 400 053.
Registered Office at,
Amrutha Castle,
5-9-16, Saifabad,
Opp. Secretariat,
Hyderabad – 500 063.
Dear Sir,
Under instruction received from and for and on behalf of my Client SHRI HARENDRA R RAWAT (M. No. 9769862450), I do hereby serve you this Legal Notice to the following effect.
1. That my Client Shri Harendra R Rawat having address at Room No. 02, Sai Baba Chawl, Nr. Abdul Kirana Shop, Wadala (E), Mumbai – 400 037.
2. That my Client says that your Club had offered him 21,000 sqft Plot for an amount of Rs. 3,50,000/- as per your scheme. That My Client had accepted your Club’s offer and he had deposited Rs. 3,50,000/- through cheque payment and also paid Rs. 75,000/- towards Registration fees in the year June 2009- June 2010. That my Client says that your Club has given Membership No. KKP-143M and had confirmed his investment vide Letter dated 15.05.2009 (Ref No. MRD/GM/KKP-143M ).
3. That my Client says that he had purchased 21,000 sqft Plot and paid total Rs. 4,25,000/- to you. That my Client says that he had entered into Contract with you for the purchase of impugned Plot. My Client says that your Club had neither registered any Plot nor gave any Plot to him till date.
4. That my Client says that he had made several requests to you to Register the said Plot on his name. He also informed you that he had deposited Rs. 3,50,000/- and also paid Rs. 75,000/- for registration but till date Plot is not registered on his name.
5. That my Client says that he had visited to your office and requested for refund of deposited amount along with interest. My Client says that you had promised vide Letter dated 06.05.2011 (Ref No. MRD/GM/KKP-143) that you will complete the Registration procedure in his name and convey the title deeds by August 2011 and also promised that if you fail to do Registration, the deposit amount will be returned by you. My Client says that you failed to fulfill your promise for allotting the Plot and also refund of deposited amount along with interest.
6. That on behalf of my Client we informed you that such act of yours is violated Section 405 and 415 of the Indian Penal Code 1860 and also violated the statutory provisions of Indian Contract Act 1872 and such act is liable for the Criminal Proceeding under India Penal Code 1860.
7. I therefore through the Notice, finally call upon you to pay my Client Rs. 4,25,000/- along with the future interest at the rate of 24% p.a. together with notice fee of Rs. 2000/- to my Client either in cash/Cheque or Demand draft whichever mode suits you better within clear 15 days from the date of receipt of this notice, failing which my Client has given me clear instructions to file Civil, Criminal, Suit for recovery and other Miscellaneous proceedings against you in the competent Court of law and in that event you shall be fully responsible for the same.
A Copy of this Notice preserved in my office for record and future course of action.
Shri Harendra R Rawat
Copy to,
1. Assistant General Manager, Country Club (India) Ltd
*******************
Sir this is a Reply from the Country Club on 5th July 2012.....
Please refer the Legal Notice dated 12.6.2012 in respect of Mr Harendra Rawat Mem No. MHKKP-143M.
We are glad to inform you that 21,000/- Sq Ft plots are being registered now and members name is already included.
We are in the process of calling the member for completing the documentation and registration. In view of the letter dated 6.5.2011 issued by us, we have taken action to start the registration.
We regret for the delay since the inventory process was completed only recently.
We once again wish to confirm that his Plot of 21,000 Sq Ft will be registered now.
yours faithfully.
*********************************
Sir please guide...
What should I do to take Shri Harendra's money return with interest from the Country Club.
What should i answer to the said Letter dated 5th July 2012 of Country Club. They are not willing to return the money.
Sir please guide/answer the said letter for getting money back.
Thanking you....
ajay sethi
(Expert) 14 July 2012
payment has been made in june 2009 - june 2010 . inspite of repeated reminders till date registration has not been done nor plot alloted
in rejoinder to reply you cn amention that since more than 2 years have passed and till date you have only received empty assutrances you want refund of money with interest .
move consumer forum for deficency in service . also please read terms and conditions of membership . ,
V R SHROFF
(Expert) 14 July 2012
WAIT FOR A MONTH OR TWO.
PROPERTY PRICE ARE RISING , ABOVE INTEREST RATE.
IF U GET PLOT, IT IS THE BEST OPTION.
On basis of promise in 2012, you can file suit for specific performance on failure to get registration.
