EXERCISE 1- LEGAL NOTICE

M&M ASSOCIATES
ADVOCATES AND SOLICITORS
123, Dream Block, Chandini Chowk, Delhi-1100012
[email protected]
Phone-9876598765

By Regd. Post Ack. Due

To:
Air India Office, 27/08/2020
Mezzanine Level,
Shivaji Station Metro Station,
Baba Kharak Singh Road,
Hanuman Road Area,
Connaught Place,
New Delhi - 110001 _____________

Respected Sir,

We are writing to you on instructions from Mr. R. Devesh and state as follows:
1. Mr. R. Devesh is a student residing at Estrella Terraces, Syndicate Bank Road,
Delhi. He is a student pursuing his 2nd year of college in IIT Mumbai.
2. My client had booked a flight on 10.05.2020 from Delhi to Mumbai. The flight
was scheduled to depart from New Delhi at 09:45 hrs on 30.05.2020 and arrive
at 11:30 hours in Mumbai on the same date. The cost of the flight ticket was INR
15,000/-
3. My client hours, received a call from your airlines at 7:00 hours on the day of
departure that the flight was delayed and the expected time for departure was
now 11:00 hrs.
4. My client was asked to report 2 hours before the scheduled period that is at 9
hours.
5. My client arrived at 9:10 at the New Delhi airport only to find out that the flight
had been overbooked and he was on standby and all seats were full.
6. You have issued a denied boarding pass certificate and asked my client to book
a flight at 18:00 hours on his own which had cost him Rs.20,000 which is an
inflated ticket cost of 5,000.
7. You have also informed my client that the refund for the cancelled ticket would
be refunded within 48 hours.
 8. My client had to wait for completing all the formalities due to utter disregard,
negligence and lack of care for your customers.
9. My client had expected a hustle free journey to Mumbai to commence his
semester for the present year.
10. You have failed to inform my client of the delay in aircraft timings prior to 24
hours as per the notification by the Department of Civil Aviation.
11. You have further had acted in utter disregard for the time of the passenger due
to overbooking and not provided any alternate travel arrangements within one
hour from the original scheduled departure time.
12. You have also not provided any written notice about rules for compensation
and assistance as per the regulation.
13. My client had to undergo all the procedure for booking a new ticket valued at
Rs. 20,000 by paying an additional charge of Rs.5,000 compared to the original
price due to last minute bookings.
14. My client had to suffer by roaming throughout airport, while carrying his
luggage, for refund and booking a new ticket.
15. My client had been forced to mobilize money for the new ticket, which had
caused a lot of hardship and suffer emotionally, as he had been worried about
missing his classes.

In view of the foregoing, on behalf of our Clients, we hereby call upon you to refund
to our Clients the following sums:

(a) A sum of Rs. 15,000 for the airfare from Delhi to Mumbai.
(b) Compensation amounting to Rs. 60,000 calculated as 400% (calculated as per
the guidelines issued by the Ministry of Civil Aviation) of the airfare and
basic airline fuel charge amounting to Rs.2,950 (calculated as per Air India
Domestic Fares Apex & Instant Purchase Fares published in your website)
(c) A sum of Rs. 30,000/- for mental agony and trauma suffered; together with
interest thereon @ 18% per annum from 30.05.2020 till the date of payment
thereof.
(d) The total amount payable by you is therefore Rs. 1,07,950 with 18%interest
per annum till the date of payment.

We hereby call upon you to pay the above mentioned sum within a period of 10
days from the receipt of this notice. If you fail to do so, our Clients would be
constrained to initiate appropriate proceedings against you, to recover the same
holding you liable for all costs.

A copy of this letter is held by us for future references.

S
M&M Associates
 28/08/2020

EXERCISE 2-REPLY TO A LEGAL NOTICE

M&M ASSOCIATES
ADVOCATES AND SOLICITORS
123, Dream Block, Chandini Chowk, Delhi-1100012
[email protected]
Phone-9876598765

By Regd. Post Ack. Due

To:
Mrs. Leha Singh,
123, Bazzar Street,
Darjeeling - 28/08/2020

Subject: Regarding your legal notice dated 14/08/2020 alleging deficiency of service.

Respected madam,

At the outset we deny all allegations made by you, except which is specifically accepted.
I would like to provide my version of facts which are as follows:
1. It is true that your client has approached Samsung service center for repair of the
washing machine.
2. It is true that it was informed to your client that the washing machine had a small part
which was rusting and the repair would cost her Rs. 500 with additional Rs. 700 for
service charge (since warranty period had been over)
3. While attempting to service the washing machine and dismantling the whole
machine, it was found by my client that the entire drum of the washing machine had
been rusting and it would cost Rs.5,000 to repair the same.
4. Since the entire problem inside of any machine cannot be found just by merely
looking at the outlook of machine, and the real reason of repair can only be
proximately guessed, and only on analyzing the whole machine after dismantling the
parts of the machine to get a clear picture of reason of repair, it is not possible for my
client to inform your client beforehand of the rusting of the whole drum. Moreover,
since rusting in a washing machine is common, due to the fact that the machine is
prone to moisture conditions.
5. Your client had been informed of the additional charges to make the machine work
and she had refused to pay the necessary amount.
6. Since your client had refused to avail the services of my client, she had been clearly
informed via telephone that she had to come to the service store to pick up her
washing machine.
 7. It is also informed that delivery services are provided only to our customers at extra
charge and your client is not a consumer defined as per section 2(7) of the Consumer
Protection Act, 2019.

In view of the foregoing, on behalf of our Clients, we hereby call upon you to:
 Withdraw your legal notice dated __________.
 Collect the defective washing machine from our store.
 Pay monetary consideration of Rs.30,000 as compensation to my client for the
disparaging comments made in Twitter and Instagram.

In view of the above, the allegations made by you are denied. Note that any action
initiated against us will be defended by us which will be at the entire cost and consequences
of your client. A copy of the reply notice had been retained by my office for further
references.

S
M&M Associates
28/08/2020