V.C.

Gautam Date: 13/06/2022

Advocate
Deepak Sharma & Associates,
B-85, BGS Block, Tis Hazari, Delhi-110054.
To

Mr. Raj Singh (Advocate)

J-66, GAMMA-II, GREATER NOIDA,

U.P.-201308.

SUBJECT: REPLY TO SHOW CAUSE NOTICE DATED 20/05/2022,

ISSUED ON BEHALF OF M/S SUNWORLD RESIDENCY PVT.
LTD. AND IT`S EMPLOYEES OFFICERS, REGARDING
MULTIPLE ACTS OF DEFAMING THE BRAND MALYING
THE GOODWILL OF M/S SUNWORLD RESIDENCY PVT.
LTD.,WHILE THREATENING TO IMPLICATE TO M/S
SUNWORLD RESIDENCY PVT. LTD. AND IT`S EMPLOYEES
OFFICERS IN FALSE CASE TO EXTORT MONEY AT THE
INSTANCE OF MR. DEEN DYAL GOEL, WHILE
CONDUCTING UNFAIR REAL ESTATE PRACTICES, ON
BEHALF OF MR. DEEN DYAL GOEL.

Reference: LEGAL NOTICE DATED 20/05/2022, ISSUED BY MR. RAJ

SINGH ADVOCATE.

Dear Sir,

I am in receipt of Show Cause notice dated 20/05/2022 issued by

you, with reference mentioned in the subject of present reply,
regarding which I, being the advocate for Mr. D.D. Goel furnishing
following reply to submit thisthese short aspects on the points of
facts and law, despite that it is against the rules (justice to count
time against a person) who have already been subjected to illegally
activities for which criminal proceedings have already been lodged
before the Ld. CJM, Gautam Budh Nagar, U.P., The consolidate
reply within the ambit of law has been served for your kind perusal
in the following manner:

1. That as per, “ The constitution of India” and other laws directs

for providing my client and his family the right to Life & Liberty
and to defend himself and his family, hence need reserve his
right to furnish a detailed reply after examining record of the
case against your clients furnished before the Ld. CJM, Gautam
Budh Nagar, U.P. at the instance of my client.
2. That you being the advocate for your clients i.e. M/S Sunworld
Residency Pvt. Ltd. And it`s employees and officers, came to
know that your clients have been called in police station for the
consequential effects regardingproceedings with regard to
grievances levelledfaced by my client and levelled against your
clients in the court, consequently you approached my client to
get conduct a meeting to sought out the matter out of the court,
which resulted in a short meeting on 20/05/2022 at 2 P.M. at
shop No.16, Tower-1, Paras Season, sector-168, Noida, U.P. in
my presence, where you collected the mail ID and other
information’s from my client, however, meeting remained in
ruins and thereafter, you sent the aforesaid legal notice dated
20/05/2022, which received by my client at his email ID on
21/05/2022 at 4.04 P.M..
3. That in the above referred Show cause notice, my client has
been held accused, pursuant to an Act of RERA by you, without
any report, if devised by the Provincial inspection Team of the
government authority.
4. That you are representing consolidately to your clients, whereby,
liabilities are to be cast upon three persons vicariously, who are
employees apart from Mr. Anil Aery Kumar, Mr. Dharamveer
Singh and Mr. Raghuvir but you put these three authorized
persons to loss their status gained after due procurement in
violation of rules, changed the approved specification and
quality for vested interests, allowed exorbitant rates, doing so,
 you demonstrated inefficiency(misconduct in the performance of
your duties), result whereof, my client made tentative proposed
to the departmental penalties.
5. That in response to the above, my client has never been provided
any opportunity of defence (proper hearing before the members
of Provincial inspection Team, if constituted), you have recorded
certain replies to verb ad questions in your own words as they
havethe authorized agency has never issued my client any
questionnaire for reply in own words of my client and hence it
cannot be called a fair opportunity of defence. Having said that,
no Show cause notice could be issued, tentatively proposing
departmental penalties, on the sole basis of a report prepared by
you a sequel to the above humble submission it is requested that
the Show cause notice under reply may kindly be withdrawn,
and the inquiry proceedings, whatsoever, may be so initiated
against my client may dismissedwould be futile exercise under
miscarriage of the process of law.
6. The undersigned shall be highly obliged if a gracious
opportunity of personal hearing is also extended in the matter.
7. Reply to the Show cause notice served through Legal Notice
dated 20/05/2022 upon my client Mr. Deen Dayal Goel, on
behalf of my client Proprietor of Piyush Properties situated at
Shop no. - 16, Tower no.-1 Paras Season, Sector-168, Noida
Gautam Buddha Nagar, U.P.-201305. Also at Piyush Properties -
Shop no. -001, Tower-10 Sunworld Arista, GH-01/C SECTOR -
168 Noida, Gautam Buddha Nagar, U.P.-201305.

Subject:-

Client:- M/s Sunworld Residency Pvt. Ltd. Address- GH-01/C SECTOR – 168,

NOIDA, Gautam Buddha Nagar, U.P. 201305

Sir,

8. Under instructions from and on behalf of myThat your client

M/s Sunworld Residency Private Limited, I serve upon is though
 fully empowered to initiate legal proceedings before competent
authority in case if your clients are aggrieved within the ambit of
law but you with the followinghave misled your client by way of
present legal notice in respect of your above mentioned criminal
acts of defamation, extortion, threatening and false
representation and practicing unfair real estate trade practices
with in and around the project named as Sunworld Arista
developed by myyour client Sunworld Residency Pvt. Ltd.:-.

1) MyThat your client ismight be shocked and surprised to see an advertisement

displayed at the

periphery of the sector 168 at a prominent public place to catch the eyes of

most of the prospective real estate buyer’s and other real estate stake holders

with criminal intention to cause monetary and goodwill loss to myyour client by

creating confusion among the stakeholders through false representation in

public as annexed asin annexure no.1 of thisyour notice as the same contains
several

false and baseless averments/ rates in regards to sale of unit price in the project

9. named as Sunworld Arista but same cannot be sustained as this

project has already been completed.
10.2) The That the question of the advertisement is not only a
glaring case of , incorrect information, the same has also been
published with a malafidemala fide intent to adversely affect the
sale and purchase of apartments inmay be extended till the
project of my client which is ultimately causing loss to my client
and giving undue advantages to youcompletion of project,
however not after that.

3) That there have been serious deficiencies/misrepresentation from your sidemy

client and his indulgence of unfair practices which has led to loss and damages
to myyour client and corresponding unlawful gain to youmy client . Further your
action and intention
at the instance of my client, amounts to an offence of public/private nuisance
and mischievous attempt to

damage the reputation/goodwill of myyour clients, punishable under the

relevant

11. provisions of Indian Penal Code, cannot be survived as same

have been levelled in the mechanical manner, which has no
significance at all in the eyes of law.

4) That youmy client with ulterior motive and malafidemala fide intention not
willing to stop the

unfair trade practices in real estate and continuously harassing myyour client by

doing blackmailing act of filing wrong police compliant and Cases of extortion

12. ,defamation against the officers and employees of my

client.your client is now subject matter of the court, as court has
applied judicial mind upon aforesaid preposition, whereby your
clients were called in police station, however, question of unfair
trade practice in real state cannot be sustained as law has been
clarified here as “Section 3(2) Notwithstanding anything
contained in sub section (1) no registration of the real estate
project shall be required:- Where the area of land proposed to be
developed does not exceed five hundred square meters or the
number of apartments proposed to be developed does not exceed
eight inclusive of all phases:
5) TheProvided that, if the appropriate Government considers
it necessary, it may reduce the threshold below five hundred
square meters or eight apartments, as the case may be, inclusive
of all phases, for exemption from registration under this Act.

Where the promoter has received completion certificate for a

real estate project prior to commencement of this Act, For the
purpose of renovation or repair or re-development which does
not involve marketing, advertising selling or new allotment of
 any apartment, plot or building, as the case may be, under the
real estate project

Explanation:- For the purpose of this section, where the real

estate project is to be developed in phases, every such phase
shall be considered a stand alone real estate project and promoter
shall obtain registration under this Act for each phase
separately”.

That the question of complaint to your client from resident welfare association
and other home-buyers of the project

contacted my client in regards to mischievous/ fraud practices carried by youmy

client in

the project complaints are received from home-buyers regarding trespassing in

the premises of the project without any intimation or knowledge to myyour

client is

13. 0treated as criminal trespassing and breach in security of the

homebuyers. A, are subject matter of police.

copy of letter is annexed as annexure no.2.

6) To stop you from That the illegal practices/act my client already told/notified
you

several times and told you to submit yourquestion of submitting real estate
agent registration

certificate issued by UPRERA in the office of myyour client, which is not a

mandatory

document for pursuance of any legal real estate fair trade but after and now your
denial

and non –compliance of request my client . Now my client left with no option

and on the request of all home buyers of the project a notice on board is

attached in front of the project stating that my client having no connections

with you and except affixing libel of blacklisted youmy client from pursuing
any sale in the said project for the

14. interest of self and in general public welfare is an offence of

defamation for which proceeding against your client is already
been pending in the court of CJM GAUTAM BUDH NAGAR,
U.P.
15. That you are free to initiate any proceeding against My client
but same cannot be based upon any concocted story of facts and
law as you pleaded in your legal notice, however, my client
suffered pecuniary loss of about 50 lakh at the activities and
instances of your client for which liability is to be cast upon Mr.
Anil Aery Kumar, Mr. Dharamveer Singh and Mr. Raghuvir.

That in para No.8 of your notice under reply, you only mentioned various
provisions of RERA Act 2016 viz. section -9. 7) My client never stops your
entrance to utilize the space/shop /booked/or on rent by you in the project. Your
act of doing extortion from my client and

publication of wrong/misleading advertisements against my client results in

huge financial as well as reputation damage/loss of my client.

8) According to RERA Act 2016 "real estate agent" means any person, who

negotiates or acts on behalf of one person in a transaction of transfer of his

plot, apartment or building, as the case may be, in a real estate project, by

way of sale, with another person or transfer of plot, apartment or building, as

the case may be, of any other person to him and receives remuneration or

fees or any other charges for his services whether as commission or

otherwise and includes a person who introduces, through any medium,

16.prospective buyers and sellers (1) (5), section 38 (1), section 62

& section 66, same cannot be invoked against my client from
any corner of implementation of RERA Act, 2016.
That you are not any government authority who may call my client to each other
for negotiation for sale or

purchase of plot, apartment or building, as the case may be, and includes

property dealers, brokers, middlemen by whatever name called

under stop section -9. (1) No real estate agent shall facilitate the sale or purchase

of or act on behalf of any person to facilitate the sale or purchase of any plot,

apartment or building, as the case may be, in a real estate project or part of

it, being the part of the real estate project registered under section 3, being

sold by the promoter in any planning area, without obtaining registration

under this section

(5) Every real estate agent who is registered as per the provisions of this Act

or the rules and regulations made thereunder, shall be granted a registration

number by the Authority, which shall be quoted by the real estate agent in

every sale facilitated by him under this Act.

Provisison of penalty under Rera in case of non-registration of real estate agent

in RERA and carrying sale and purchase of registered project in any manner :-

38. (1) The Authority shall have powers to impose penalty or interest, in regard
to any contravention of obligations cast upon the promoters, the allottees and the
real estate agents, under this Act or the rules and the regulations made
thereunder.

62. If any real estate agent fails to comply with or contravenes the provisions

of section 9 or section 10, he shall be liable to a penalty of ten thousand rupees

for every day during which such default continues, which may cumulatively
extend up to five per cent. of the cost of plot, apartment or buildings, as the case
may be, of the real estate project, for which the sale or purchase has been
facilitated as determined by the Authority.
66. If any real estate agent, who fails to comply with, or contravenes any of the
orders, decisions or directions of the Appellate Tribunal, he shall be punishable
with imprisonment for a term which may extend up to one year or with fine for
every day during which such default continues, which may cumulatively extend
up to ten per cent. of the estimated cost of plot, apartment or building, as the
case may be, of the real estate project, for which the sale or purchase has been
facilitated, or with both.

9) In the view of above fact, I hereby call upon you to stop harassing my client
and stop reframing yourself from practicing any unfair real estate trade practices
and also to share yourmy client`s Uttar Pradesh Real Estate Regulatory
Authority real estate agent registration certificate.

17.10) In case if you are not rera registered real estate agent with
immediate effect submit an and further your client cannot ask
my client to submit an undertaking with myyour client that now
and in future I my client has stop doing any illegal/ unfair real
estate trade practices against myyour client, to remove all
advertisement, publication, hoarding, boards in regards to sale
and purchase of real estate properties of myyour client., Not file
any false, misrepresentation, harassment, extortion case against
myyour client and their officers and employees as same is to be
treated as an extending of threat within the ambit of law to
prosecute your client in furtherance of present notice dated
20/05/2022.

11) Note, In case you do not comply with the above mentioned request of my
client. I have clear instructions to initiate criminal case of fraud, cheating,
misrepresentation, defamation, threatening and harassment, complaint in RERA
as well as criminal trespass case and other legal course of action available under
relevant provision of law of land against you and total litigation cost is also paid
by you. Further my client reserves his right to add and amend their claims at the
appropriate stage in accordance with law.

You are also liable to pay cost of this legal Notice which is Rs. - 20,000/-

A copy of this notice is kept in my office for future references.

 Sincerely,

Date-20/05/2022

Raj Singh

Advocate

6392054350

Annexure-1

Annexure -2THE REAL ESTATE (REGULATION AND DEVELOPMENT)

ACT, 2016

18.____________ That for your kind attention, I would like to

acquaints some provisions of RERA Act, whereby my client is
fully protected from any civil as well as criminal proceedings,
while considering your entire notice, those are being enuntiated
as follows:
A. Section 79. Bar of jurisdiction.—No civil court shall have
jurisdiction to entertain any suit or proceeding in respect of
any matter which the Authority or the adjudicating officer or
the Appellate Tribunal is empowered by or under this Act to
determine and no injunction shall be granted by any court or
other authority in respect of any action taken or to be taken in
pursuance of any power conferred by or under this Act.
B. 80. Cognizance of offences.—(1) No court shall take
cognizance of any offence punishable under this Act or the
rules or regulations made thereunder save on a complaint in
writing made by the Authority or by any officer of the
Authority duly authorised by it for this purpose.
(2) No court inferior to that of a Metropolitan Magistrate or a
Judicial Magistrate of the first class shall try any offence
punishable under this Act.
19.The prime objective of RERA act mainly focuses on the
consumer's major issues related to incorrect information of
projects by the promoters, maltreatment of funds, and delays in
 completing real estate projects, seeks to address issues like
delays, price, quality of construction, and other changes. The act
aims to improve translucently and motivate fair practices in the
sector.
20.The key objectives of the Act are:
Ensuring Translucency in the real estate sector concerning the
sale of flats, apartments, plots, buildings, or any kind of real
estate project.
Establishing an adjudicating mechanism for speedy dispute
redressal.
Protecting the interest of buyers/allottees in the real estate sector.
Establishing a bridge of trust between buyers and the promoters,
using authority as a medium.

At present only four states have established their permanent regulator they are:
Madhya Pradesh, Maharashtra, Punjab, and Gujarat. The remaining states are
working with interim regulators. Only 23 States/UTs have notified the rules
under the Act, while six states have drafted the rules but have not yet notified.

21.The project is only for renovation/repair / re-development

which does not involve re-allotment and marketing,
advertising, selling, or new allotment of any apartments,
plot, or building in the real estate project, will not come
under RERA. The jurisdiction of RERA Authority over such
projects continues until the projected is completed and the
obligations of the promoter regarding the project get fully
discharged. The authority, therefore, decided that the RERA
Authority has jurisdiction to entertain such cases.

3. Impact of RERA on new projects

Any project with over 8 apartments or a size of over 500 sq. Mts. is required to
be registered under RERA. The developers have to register each stage of
construction independently with the State Authority. Since builders have to
register their new projects, they cannot pre-launch a project. Pre-launches used
to be the major source for raising capital. There is a cap on the number of
deposit builders that can accept from buyers.

Impact of RERA on Agents and brokers

Traditionally, the Indian real estate agents have been an unorganized segment of
the sector. However, the new legislation makes it mandatory for the brokers to
register themselves to facilitate a transaction. With RERA in force, brokers
cannot promise any amenities or services that are not mentioned in the
documents. Moreover, they will have to provide all information and documents
to the home buyers, at the time of booking.

Consequently, RERA is likely to filter out the inexperienced, unprofessional,

fly-by-night operators, as brokers not following the guidelines will face hefty
penalty or jail or both. Under RERA, brokers will no longer be able to sell
properties without registering with the Authority. They can also be penalized in
case of wrong information shared with buyers regarding the property. However,
the fear among industry players is that many unorganized brokers will find
themselves out of work. Agents need to pay a fee to register them. Citing issues
of lack of faith in builders and lack of benefits for agents under RERA, many
agents will choose to shut their shops.
To, Date: 13/06/2022

The Authorized Signatory for M/S Sun Arista Welfare Society,

SUBJECT: COVERING LETTER WITH REPLY TO THE GRIEVANCES

RAISED ON BEHALF OF M/S SUN ARISTA WELFARE SOCIETY, ON
BEHALF OF SH. D.D. GOEL,
Dear Sir,

Hope this letter will find you and your members all in the best of health and
harmonic atmosphere and high spirits too I received the copies of your letter
dated 20/04/2022 addressed to Thana- In-charge, wherein letter dated
03/03/2022 addressed to CEO, Sunworld residency Pvt. Ltd. was referred and
annexed as Annexure-2, with the legal notice dated 20/05/2022. However, it was
referred in para 5 & 6 regarding the resident welfare association and other home-
buyers of the project contacted to the officials of Sunworld residency Pvt. Ltd. in
regards to mischievous/ fraud practices carried by D. D. Goel in the project
regarding trespassing in the premises of the project without any intimation or
knowledge to it`s officials and on the request of all home buyers of the project a
notice on board is attached in front of the project stating that “my client having
no connections with you and blacklisted you from pursuing any sale in the said
project for the interest of self and in general public welfare”. In this concern a
detailed reply has already been served upon the M/S Sunworld residency Pvt.
Ltd for initiation of legal proceedings, hence, same has been brought within the
knowledge of your welfare society to cast vicarious liabilities.

Your Sincerely

( D.D. Goel)

To, Date: 13/06/2022

1. The Chairman (Sh. Anil Aery Kumar).

2. The Director/partner ( Dharamveer Singh).
B-42, Sector-56, Gautam Budh Nagar, Noida-201301.
 3. The Director/partner ( Sh. Raghuveer).
KL-110, Kavi Nagar, Ghaziabad U.P. 201002 .

SUBJECT: COVERING LETTER WITH REPLY TO THE

GRIEVANCES RAISED ON BEHALF OF M/S SUNWORLD
RESIDENCY PRIVATE LIMITED, ON BEHALF OF SH. D.D. GOEL.

Dear Sir,

Hope this letter will find you and your members all in the best of health and
harmonic atmosphere and high spirits too I received the Legal Notice dated
20/05/2022 with the grievances of your office bearers along with reference of
grievances qua to the resident welfare association and other home-buyers of the
project, who contacted to the officials of Sunworld residency Pvt. Ltd. in regards
to mischievous/ fraud practices carried by D. D. Goel in the project regarding
trespassing in the premises of the project without any intimation or knowledge to
it`s officials and on the request of all home buyers of the project a notice on
board is attached in front of the project stating that “my client having no
connections with you and blacklisted you from pursuing any sale in the said
project for the interest of self and in general public welfare”. In this concern a
detailed reply has already been served upon the M/S Sunworld residency Pvt.
Ltd for initiation of legal proceedings, hence, same has been brought within the
knowledge of your higher authorities for and to cast vicarious liabilities.

Your Sincerely

( D.D. Goel)

Under the aforesaid facts, law, rules & regulations applicable to

protect the rights of my clients, I hereby acquaint and advice you
and your client to go through the laws in protecting the rights, if
violated or contravened by any person authority, then approach
appropriate forum instead of serving improper notice upon an
innocent person, hence, in the present prevailing situation after
serving the present notice upon my client, you have committed at
the instance of your clients the offences of misrepresentation,
 defamation, threatening and harassment for which my client
reserves his right to initiate criminal as well as civil proceedings
against your clients before the appropriate forums within the ambit
of law, in such a situation you are directed to withdraw the futile
notice dated 20/05/2022.

Further your clients would be also liable to pay cost of Rs. 50,000/-
for this reply to your legal Notice.

I am constrained to initiate civil as well as criminal proceedings qua

to your clients.

A copy of this notice is kept in my office for future references.

Sincerely,

Date-13/06/2022

V.C. Gautam

Advocate

8800152921

____________