AVINASH NANDAN SHARMA Office: CHAMBER NO.671
Advocate Patiala House Court
En.No. (XYZ) NewDelhi- 1
LL.B. Law Faculty, DU Mob: , XXX
M.A.(Political Science) DU
PG Diploma in Journalism
Email:advocateavinashsharma@gmai.com
REGISTERED A.D.
To,
Mrs. X
Wife of Late Mr. K
R/o. XX, Janakpuri,
New Delhi
THROUGH
AB, Advocate
Ch. No. 00, Dwarka Courts,
Dwarka, New Delhi
REPLY TO THE LEGAL NOTICE
Dear Sir,
Under instructions and authority from my client Mr. R, Son of Sh.H R/o. H.No.00, Nagar,Part-0, New Delhi , I serve upon you the following Reply to your Legal Notice :-
- That you have been misguided by your client and material facts with respect to the deal between Late Sh. K, and H, R have been concealed from you by your client as K entered into an agreement with H , the allotee of the flat No. 000, Third Floor, at Loknayakpuram, New Delhi and my client was just playing the role of a mediator in this matter.
- That later on the husband of your client assured my client that when he gets physical possession of said flat after clearing the disposal cost of Rs.10,55,479 /- with DDA as this was a Good Will Flat, he would sell it to my client. On his assurance my client had given to the husband of your client a post dated cheque no.509963 of Rs.1,50,000/- ( One Lac fifty Thousand Rupees only) dt 16.09.2010 as your client had to deposit the amount of Rs, 10,55,479/- with Delhi Development Authority, Vikass Sadan, Behind, INA Market,New Delhi-23 on 11.09.2010 as last date.
- That since your client did not deposit the above said disposal cost of the flat with the DDA by 11.09.2022, the allotment got cancelled. As my client came to know the fact of non- deposit of the said payment with DDA by you and the cancellation of the allotment, he was not liable to pay the security cheque given to your client on condition. That the deal between you and H also failed because of the fault of the non-performance of above said deposit by the husband of your client.
- That my client many times requested your client and her husband to return the said cheque through telephone in the month of September, 2022 but they did not pay any attention to it. When my client personally went to the house of your client and contacted her husband on 23.09.2022 , he told that he had destroyed the said cheque and this matter had come to its end. On his assurance my client came back from there.
- That the husband of your client was well aware of his faults of non-deposit of the said DDA amount and that is why he remained silent for last three year. Now after the death of her husband, your client is dishonestly raising a issue that is time barred as per law. Your client is trying to get the benefit of her own wrongs by fraudulently using a security cheque given by me after the laps of three years. Had she been so genuine , she should have filed a case of dishonor of cheque or a recovery suit at that time only.
- It is pertinent to mention here that there was a friendly relation between my client and the husband of your client and as such K had received total amount of 25,000/- as friendly loan from my client on 28.01.2023, 06.08.2023 & 30.08.2023 giving a paper in writing duly signed by him which your client is legally bound to pay back to my client with interest as legal heir and he is legally entitled to file a civil suit in the competent court of law. Even at the time of receiving of this amount and signing of acceptance paper , the husband of your client did not raise the issue of making any payment to him by my client with respect to the said cheque.
- That whenever my client demanded his said loan money of Rs. 25 thousand, your client and her husband abused my client and threatened to implicate him falsely in a criminal and civil case. They many times came to my client’s house and created a negative picture. However , the relation between the husbad of your client and my client remained normal but after the death of her husband your client is taking out personal irritation and anger against my client by sending the legal notice through you and misusing the legal process.
- That the above facts in reply to your legal notice make it abundantly clear that your client has wrongly and fraudulently raised a issue which is without a cause of action and also time barred as per law and as such she is trying to pursue the illegal design and plan to oppress my client.
In case of any legal disputes, I have definite instructions from my client to take necessary actions against you in the competent Civil & Criminal Courts of law and in that event , you shall be liable for all the costs and consequences resulting therefrom.
Copy retained for further legal actions.
Yours faithfully
New Delhi
Date: 16 .03.2O24
(Avinash Nandan Sharma)
Advocate
