To,
Mr. Narendra Khanna.
Manager in Charge,
National Institute of Management,
Corporate Head Office,
203-204, 2nd Floor,
Sheetal Enclave,
Next To Tangent Furniture Mall,
Mind Space,
Link Road, Malad (West),
Mumbai - 400 064.
Tel.: 91 - 022 - 4050 1500 | 91 - 022 - 4003 0333
customer care: 022-40501526/28
Email: [email protected]
&
National Institute of Management,
Corporate Head Office,
203-204, 2nd Floor,
Sheetal Enclave,
Next To Tangent Furniture Mall,
Mind Space,
Link Road, Malad (West),
Mumbai - 400 064.
Tel.: 91 - 022 - 4050 1500 | 91 - 022 - 4003 0333
customer care: 022-40501526/28
Email: [email protected]
(1) That my client is a Real Estate Consultant by profession. Mr. Hitesh Manharlal Sheth introduced Mr. Narendra Khanna (Branch Manager) & Mr. Jigar (who was given Power of Attorney as being told to my client for the purpose of availing commercial property on rent in Malad to Borivali Area) to my client. As per your requirement, property situated at Bhakti Apartment, 1st Floor, Jambali Gali, Borivali - West, Mumbai - 92., was finalized with Deposit of Rs. 1, 50, 000/- and Monthly Rent of Rs. 45, 000/-. It was agreed between the parties by way of mutual understanding among themselves and as per the general customs prevailing at present in the real estate to pay one month’s rent as brokerage i.e. a sum of Rs. 45, 000/- as brokerage.
(2) In due discharge of your admitted liability, as on 24th November, accountant of National Institute of Management, Malad Branch, as per orders from Mr. Narendra Khanna and on behalf of the National Institute of Management, Mr. Zulfi (9819432014) gave a letter in writing with regard to the Brokerage details and through Mr. Hitesh Manharlal Sheth sent a post-dated of Rs. 45, 000/- bearing No. “579145” dated 5th December of ICICI Bank, Malad (W) Branch, Mumbai-64 towards full and final payment of the brokerage in the name of my Client.
(3) On its due date, my client presented the aforesaid cheque with her bankers i.e. Saraswat Co-operative Bank Ltd., Orlem Branch, Malad (W), Mumbai – 64., for realization of the amount contained therein from your account as on 5th December and the aforesaid cheque was surprisingly returned dishonored by your bankers for the reasons of “Insufficient Funds” vide your banker’s Memo of Dishonor dated 9th December. My client received the information of the dishonour as on 14th December after collecting the dishonoured cheques from her banker i.e. Saraswat Co-operative Bank Ltd.,
(4) Now from your behavior of delaying payment, dishonour of the cheque and avoiding phone calls, it is clear that you have intentionally, deliberately misrepresented my client and now it is not possible for my client to believe in any of the assurances given by you. You have clearly developed dishonest intentions of not paying my client.
(5) In the facts and circumstances as aforesaid, by virtue of this notice, you are hereby finally called upon and required to pay to my client –
- The Dishonoured Cheque amount of Rs. 45, 000/-
- The Cost of sending Legal Notice - Rs. 1, 500/-
- The cheques Dishonour Charges – Rs. 100/-.
- Interest at the rate of 1.5% per month till the date of final payment from 24th November.
within a period of 15 days of the legal service of this statutory notice of my client upon you. In the event, you fail to comply with the requirements of this statutory notice within the time mentioned hereinabove, my client shall be constrained to adopt Criminal Proceedings u/s-138 of Negotiable Instruments (Amendment & Miscellaneous Provisions) Act., entirely at your risks as to its costs and consequences thereof, which please note well. Without prejudice to the above, my client also reserves her right to file independent Civil Recovery Proceedings for realization of the aforesaid amount covered by the aforesaid Cheque on legal advice.
Thanking you,
Place: Mumbai.
Date : 28th December.
Yours Faithfully,
Chirag Kothari.
B.Com. L.L.B.
9892588657
For Dhara Sheth.
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