SPEED POST / COURIER / EMAIL

21 February 2024
To,

1. M/s Ansal Housing & Construction Ltd.

Through its Managing Directors,
Having its registered office at
15 UFC, Indraprakash 21,
Barakhamba Road, New Delhi-110001

2. M/s Samyak Projects Pvt. Ltd.

Through its Managing Director,
Having its office at
111, First Floor, Antriksh Bhawan,
22, K.G. Marg,
New Delhi-110001

DEMAND NOTICE FOR HANDING OVER OF IMMEDIATE

POSSESION OF UNIT BEARING NO. A-104, ANSAL HEIGHTS,
SECTOR-92, GURUGRAM, HARYANA AFTER OBTAINING
OCCUPANCY CERTIFICATE AND NECESSARY PERMISISIONS AND
FOR PAYMENT OF COMPENSATION FOR DELAY IN HANDING
OVER OF THE POSSESSION OF SAID UNIT

Sir,
Under the instructions from and on behalf of my client, Mrs. Anita Yadav,
C/o Sh. Jai Bhagwan Sarpanch, Village Wazirabad, Gurugram, Haryana, I have to
state as under,

1. That my client is a law-abiding lady who in the year 2012 was looking for
a residential accommodation for the purpose of her and her family’s residence. In
furtherance of the same, my client got in touch with the official representatives of
you, the Addressees.

2. That you, the Addressees, through your agents had represented to my

client that you are well established builders and developers and have acquired all
the rights, entitlements and interests in development, construction and ownership
of the land admeasuring 10.563 acres situated at Village Wazirpur, Gurugram,
Haryana from the erstwhile landowners, viz. JSG Builders Pvt. Ltd. and NCC
Urban Infrastructure Ltd., for the purpose of developing a residential project
under the name of ‘Ansal Heights’ in Sector 92, Gurugram.

3. That in light of the assurances given by your representatives to my client

qua the quality of construction, timely delivery of possession and other facilities
of the residential flats being offered for sale by you, the Addressees, in ‘Ansal
Heights’, my client agreed to buy a flat in your said residential project. On
11.07.2012, my client and you, the Addressees (referred to as Developer and
Confirming Party therein), along with the aforesaid builders, entered into an
Apartment Buyer’s Agreement (hereinafter referred to as “agreement”) for the
sale purchase of a 3-BHK flat unit bearing no. A-104 in your project ‘Ansal
Heights’ for a total sales consideration of Rs. 43,77,475/- (Rupees Forty-three
lacs Seventy-Seven thousand Four hundred and seventy-five only). At the time of
execution of the said agreement, my client paid a sum of Rs. 6,15053.96/- as
booking amount and Rs. 8,22,395.10/- as earnest money. It is pertinent to note
that till date my client has paid more than 95% of the total sale consideration
towards the purchase of the said residential flat.

4. That the aforesaid agreement dated 11.07.2012 executed between you, the
Addressees, and my client inter-alia records that

i. You, the Addressees, were bound to deliver the possession of the said
residential unit within a period of 36 months from the date of execution of
the said agreement, with an additional grace period of 6 months (Clause
29 thereof);

ii. in case of your failure to handover the possession of the residential unit to
my client within a period of 36 months, as stipulated in Clause 29 thereof,
you, the Addressees, shall be liable to pay my client delay charges @ Rs.
5/- per sq. ft. per month on the super area of the said residential unit
(Clause 34 thereof).
5. That inspite of the aforesaid specific terms and conditions agreed between
the parties, you, the Addressees, have deliberately failed to perform your part of
the obligations and have failed to handover the possession of the said residential
unit to my client even after a lapse of more than 11 years from the date of
execution of the agreement. Due to the said malafide conduct of yours, my client
has suffered immense mental agony and financial losses, thereby entitling her to
compensation and damages in addition to the delay charges @ Rs. 5/- per sq. ft.
per month for the delay caused in handing over the possession of the flat which is
still continuing and subsisting.

6. That my client had on numerous occasions contacted your official

representatives for the completion and handing over of the possession of the
allotted residential unit complete in all respect, after obtaining completion
certificate, occupancy certificate and other necessary permission from the
authority. However, you, the Addressees, have failed to address the rightful
grievance of my client, thereby causing sheer harassment to her and her family
members.

7. That very recently it has come to the knowledge of my client that similarly
situated buyers in your project ‘Ansal Heights’ had approached the Hon’ble
National Consumer Dispute Redressal Commission (“NCDRC”) at New Delhi by
filing a Consumer Complaint No. 1021/2017 titled as “Shreya Kumar & Ors. v.
M/s. Ansal Housing and Construction Ltd.”, against you, the Addressees for the
deficiency in services and your failure to handover the possession of the
residential units. The Hon’ble NCDRC vide its Order dated 05.05.2022 (copy
attached) was pleased to allow the said Consumer Complaint and inter-alia
passed directions to the effect that,

i. You, the Addressees, shall complete the construction of the allotted

flats/apartments in ‘Ansal Heights’ in all respect within a period of six
months from 05.05.2022 and shall offer possession thereof to the
 allottees after obtaining the requisite Occupancy Certificate within the
same period;

ii. You, the Addressees, shall pay delay charges to the allottees @9% per
annum from the committed date of delivery till the offer of possession
made after obtaining the Occupancy Certificate, within a period of six
months from the date of passing of the Order;

iii. You, the Addressees, were permitted to calculate the amount payable by
the allottees, if any, at the time of taking the possession of the residential
unit after adjustment of the delay compensation as directed above.

8. That despite the aforementioned Order dated 05.05.2022 passed by the

Hon’ble NCDRC, you have failed to comply with the said directions and have
not offered possession of the residential unit to my client, an allottee under the
same project, complete in all respect, after obtaining the Occupancy Certificate
within the stipulated time period.

9. That, in spite of you, the Addressees, failing to comply with the agreed
terms of the agreement and your completely unprofessional and unethical
conduct, my client had been trying to contact your officials regarding the handing
over of possession of her purchased unit but did not get any concrete response
from your end.

10. That the aforesaid acts of misleading my client and coercing her to pay
more than 95% of the total sales consideration, when you had no intention to
honour your obligations as contained in the said agreement, speaks volume of
your malafide intention and ulterior motive of cheating and defrauding my client.
It is also evident that you had the intention of deceiving my client from the very
beginning and as such dishonesty induced her to purchase a flat in your project.

11. That my client reserves her rights to take such legal action (both civil and
criminal) against you, the Addressees, as may be advised. This notice is issued
 without prejudice to the rights of my client to take recourse to other remedies
available to her.

12. Now TAKE NOTICE that you, the Addressees, are hereby called upon,
within 15 days from the receipt of this notice, to

i. hand over the possession of Unit bearing No. A-104 in your project ‘Ansal
Heights’ situated at Sector-92, Gurugram complete in all respect to my
client with immediate effect, after duly satisfying my client that you, the
Addressees, have obtained the Occupancy Certificate and other necessary
permissions from the authorities for the said project.

ii. pay delay charges to my client @ 9% per annum from the committed date
of delivery till the offer of possession is made by you, the Addresses, after
obtaining the Occupancy Certificate and other necessary permissions, in
terms of the Order dated 05.05.2022 passed by the Hon’ble NCDRC in
Consumer Complaint No. 1021/2017.

iii. pay my client the compensation of Rs. 11 lacs for mental harassment and
agony caused to my client owing to your negligent and malafide conduct.

TAKE FURTHER NOTICE that in case of your failure to abide by the

aforesaid terms within 15 days of the receipt of this notice, my client shall be
constrained to initiate appropriate legal action against you, at your risk and costs.
Further take note that a copy of this legal notice has been retained in my office
for future action and records. Further take note that your client is bound to pay an
additional sum of Rs. 25,000/- towards the cost of issuing the present notice.

Yours sincerely

HIMANSHU YADAV
Advocate, Supreme Court of India