Under the pretext of facilitating the Khata registration and Deed of Declaration(DOD) process, you collected ₹40, 000 from me. Despite repeated follow-ups and significant delays, you have failed to fulfill your commitment. Now, you are refusing to pay the necessary fees for Khata processing, which will lead to the nullification of the process by BDA, causing unnecessary hardship to us.
You have named this construction after your own daughter, yet your actions amount to cheating not only us but also the very name you chose to honor. Is this the reward for your dishonesty?
Further, you are now asking us to contact the landowners to get the Deed of Declaration(DOD) signed, which is your responsibility as the builder. Have you become so impotent that you cannot even ensure the required signatures? It is your legal duty to make all landowners sign the DOD, not ours.
Legal Violations:
- Bharatiya Nyaya Sanhita(BNS), 2023:
Section 316 – Cheating and Dishonest Inducement.
Section 317 – Criminal Breach of Trust.
- Real Estate(Regulation and Development) Act, 2016(RERA):
Section 11(4)(a) – The promoter is responsible for all obligations, including legal approvals.
Section 14(3) – Failure to provide promised amenities amounts to a violation.
Section 18(1) – The promoter must refund the amount with interest in case of default.
- Indian Contract Act, 1872:
Section 17 – Fraud: Misrepresentation of facts for wrongful gain.
Section 18 – Misrepresentation: Concealing essential details that induced the transaction
If you fail to either complete the Khata process immediately, including paying the required fees to BDA and ensuring all landowners sign the DOD, or refund the full ₹40, 000 within seven(7) days from the receipt of this notice, I will be compelled to:
File a police complaint under Sections 316 and 317 of BNS.
File a complaint with the RERA authority for non-compliance and unfair trade practices.
Initiate legal proceedings under the Consumer Disputes Redressal Commission for deficiency of service and unfair trade practices, seeking a full refund, interest, and compensation.
Pursue a civil recovery suit for damages under the Indian Contract Act, 1872.
Consider this your final opportunity to resolve the matter amicably. Kindly pay the required fees to BDA, ensure all landowners sign the DOD, and resolve the issue immediately or confirm your decision in writing within the stipulated time. Failure to comply will result in immediate legal action without further delay