Advocate (Enrolment Number:....),
Address:- ........
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Speed Post/ Regd AD/ Courier
Date: …. 2007
To,
Smt. Bbb, Aged Approximately 35 years, Wife of Sh. Ccc, Address:- ........, CRPF office address Place 2, New Delhi, (Through the Commandant).
Resi. Address:- CRPF Quarter No. ..... Place 2, New Delhi.
PRE-SUIT Pre-Suit Legal Demand NOTICE FOR RECOERY OF Rs.25,000/-
(Rupees twenty five thousands only)
ALLEGATION OF VIOLATION OF CRPF DISCIPLINE
* * * *
Sir/ Madam,
1. As instructed by and on behalf of my client Shri ddd, aged 35 years, Son of Late Shri eee, Residence cum Shop at Address:- ........ Place-1, New Delhi; I have the honour to issue following legal demand cum pre-suit notice for recovery of Rs.25000/- (Rupees twenty five thousands only) plus interest.
2. My Client states that, the Name of the Opposite Party/ Addressee is Smt. bbb, Aged Approximately 35 years, Wife of Sh. ccc. She is Working as a Constable (Follower), in the post of Sweeper, in the Central Reserve Police Force (CRPF). Her present Office Address is:- .... Place 2, New Delhi. My client instructs me to send this Notice to her address, but in case she is unwilling to accept it, to send it again through the Commandant of the said CRPF Battalion. My client instructs me that Opposite Party’s present Residential Address is CRPF Quarters No..... Place No- 2, New Delhi.
3. My Client instructs me to state that, when the opposite party/ Addressee had been working at the CRPF Camp, at the Place 1, New Delhi; she had been residing at the following address:- Quarter No. .... Place 1, New Delhi. My client instructs me to state that, the opposite party/ Addressee had shifted to the above address approximately during the Holi Festival of year 2007.
4. My client states that, when the opposite party/ Addressee had been working at Place 1, New Delhi, the Opposite Party/ Addressee herself and her Husband had been the good customers and the best friends of my client, and the Opposite Party/ Addressee herself used to visit my client’s Tailor Shop regularly to get Stitching work done for the Opposite Party/ Addressee herself, for her husband and children. My client states that, the Opposite Party/ Addressee herself had never defaulted in her financial commitments with him and he had a good-will for the opposite party/ Addressee.
5. My Client states that, on date 25-1-2007 (twenty fifth January year two thousand seven), the opposite party/ Addressee had paid an immediate visit to the shop of my client and requested him for a loan of Rs.25,000/- (Rupees twenty five thousands only). When my client asked the opposite party/ Addressee for the reason, the opposite party/ Addressee told him that, her younger son ggg alias hhh, aged approximately 8 years is suffering from an illness called Fits. The treatment at CRPF Hospital is not giving result. the Opposite Party/ Addressee herself want to take her younger son and entire family to Bangalore for the treatment of Fits. When the opposite party/ Addressee were telling this, my client was alone in the shop. However, when the opposite party/ Addressee had completed the request/ conversation/ talk, two persons/ individuals had reached the shop of my client, with some other work, they are Shri jjj aged 24 years and Shri kkk, aged 38 years. My client states that, the opposite party/ Addressee wanted to go to Bangalore, immediately after the Republic Day Parade on 26-1-2007, and may stay there for a week. This much huge expenses is necessary towards the treatment, medicines, the Hotel food and residence for entire family.
6. My client states that, normally he do not keep this much huge amount in the shop. However, considering the emergency, and considering the welfare of the Opposite Party/ Addressee's younger son ggg alias hhh, enquired from her that, when she will return the money. The Opposite Party/ Addressee herself replied that, she will get some Bank Loan in the month of March 2007 and will return. Thus, my client requested the help of Shri kkk, for helping the Opposite Party/ Addressee. Both of them could accumulate the amount of Rs. 25,000/- (Rupees twenty five thousands only), from the money they kept to buy Goods for their shops. Later my client returned the share of Shri kkk, to enable him to buy goods for his shop. Thus, entire burden of the Loan gave to you, had come on the head of my client. My client states that, he paid to the Opposite Party/ Addressee herself, the loan Rs.25,000/- (Rupees twenty five thousands only) in the presence of two witnesses: Shri jjj and Shri kkk, on 25-1-2007, at his residence cum shop, address given above.
7. My client instructs me to state that, he paid to the opposite party/ Addressee the loan purely out of the good-will/ good reputation herself and her husband had with my client, and considering the emergency of treatments to be given to her son; and out of the human sympathy and empathy generated in himself; without any interest, being that had been for the benefit of her son. My client instructs me to write that, in today’s world, the amount of Rs.25000/- is not a huge amount and even ATMs permit withdrawal of Rs.25,000/- in a day.
8. My client instructs me to state that, without telling him anything you, the opposite party/ Addressee had vanished from her Quarters at the Place 1, New Delhi; and my client came in search of you, the opposite party/ Addressee to the present address, to which I write/ issue this Pre-Suit Legal Demand Notice. It had been told by the Opposite Party/ Addressee herself, to my client that, the treatment at Bangalore also did not yield any result, thus hence your son is equal to my client’s NEPHEW, it is my client who shall bear entire expenses. My client states that, he met the Opposite Party/ Addressee herself, many times during March - April 2007; but the Opposite Party/ Addressee herself had been unwilling to return the money, that is the reason why he approached me, the undersigned Advocate, to send this Legal Demand Pre-Suit Notice to you.
9. By means of this Pre-Suit Legal Demand Notice, my client instructs me to demand from the Opposite Party/ Addressee herself, and to make a request to herself, to pay/ return a sum of Rs.25,000/- (Rupees twenty five thousands only), along with a bank interest of 5.5 (five and half) per cent per annum, within 15 (fifteen) days from today, failing which my client will be compelled to file Civil Recovery Suit, in the competent Civil Courts at Delhi, against the Opposite Party/ Addressee. In that case, the Opposite Party/ Addressee herself alone will be responsible for the costs and consequences. In addition to above amount, the Opposite Party/ Addressee herself is hereby requested to pay to my client, the Costs of this Notice amounting to Rs.500/- (Rupees five hundred only).
10. My client instructs me to state that, the conduct of the Opposite Party/ Addressee herself, of not re-paying the loan is in violation of CRPF Discipline and my client will make a Departmental Action complaint to her Commandant. It is an Offence Under Section 10(n) of the Central Reserve Police Force Act, 1949.
11. My client instructs me to state that, if the Loan is not re-paid by 15-05-2007, my client will file Civil Suit and CRPF Departmental Action Complaint. They will be filed at your costs and expenses.
Read out in Hindi and Contents accepted correct. Sd/- Mr.ddd, Client.
Thanking you,
Yours faithfully,
Mr.aaa, Advocate.
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CHAPTER-8 : Specimen No-2 of Pre-Suit Notices under various laws.
Question:- Issue a Legal Demand Notice, on behalf of a retailer, to his supplier/ wholesaler, to collect his defective goods back. Entire list of the articles to be picked up is not provided. Security Deposit amount is also not known. However, issue of Notice cannot be delayed till these defects are located. Presume all relevant facts.
Answer:- Answer to this question will be sample of follwing Pre-Suit Notices:
1. Without prejudice Notice.
2. Notice under Specific Relief Act, to compel other party to do it's duty.
AND 3. Legal Demand Notice, by a retailer, to his supplier/ wholesaler, to collect his defective goods back.
Mr.aaa
Advocate (Enrolment No....)
Address:-
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BY COURIER/ BY SPEED POST
Dated: 18 June year ...
To,
M/S bbb Marketing (India),
THROUGH Proprietor/ Owner,
Kind Attn. Sh.ccc
Office address: ......
WITHOUT PREJUDICE NOTICE
ADVOCATE NOTICE TO DEMAND SPECIFIC
PERFORMANCE OF THE CONTRACT BY YOU
Sir,
1. As instructed by and on behalf of my client, M/s ddd Trading Co. Address:...; which is represented by Mrs.ddd, aged ... yrs, wife of Mr.eee; who is the owner of this shop; and Sh.fff, aged ... yrs, Son of Late Sh.ggg, who is the salesman of my client; I hereby issue the following legal notice to demand specific performance of your contract with my client and money compensation for not doing your part of the contract. The facts in brief are as follows:-
2. The addressee of this notice is M/S bbb Marketing (India), through the Proprietor/ Owner, Office address...., which is the ordinary place of business or works for gain for the addressee. You are the original owner and whole-sale dealer and distributor of the products of CXL Titon Company, among other companies and distribute the same to retailers.
3. My client is a retailer (= the person who find livelihood by selling articles, which he had purchased from another seller/ wholesaler) in electronic and electrical goods of various companies. Your sales representative approached my client, to take retailer dealer of some products being distributed by you. It was told by your sales representative that, my client will have to pay token money as an Advance. The Guarantee/ Warrantee on each goods sold shall be met by you directly. If any goods found to be beyond repairable condition, you will be responsible for replacement. From the terms and conditions, signed, your sales representative read aloud and explained to my client that, due to the reason of LOW QUALITY AFTER SALES SERVICES from your side, if she will like to get her retailer contract terminated, she will be refunded the money Advance paid and you will collect the goods back. In case of delay, you will pay 18% interest p.a. to my client. My client instructs me to stated that, she had lost details of the said token money she paid, being she is a house wife and run her shop as self employment, to get a hobby work, however, from ordinary human behaviour, it will be possible for the Hon'ble Court to presume that, being you both are strangers, you must have demanded and accepted a Token Money, prior to entering into business relationship.
4. My client bought various quantities, varieties and quality of goods for retail sales. My clients instructs me to state that, they had regular complaints from their customers that, your goods are of cheaper quality, always with manufacturing defect and after sales services are un-reliable. In order to escape from consumer forum complaints against her as a defendant, she had to either exchange the goods manufactured by your companies, with goods manufactured by other companies, means she had to invest money from her own shop, to retain her peace of mind and to escape from litigations; eventhough she lost the Good-will of those customers because of the defective goods sold in the past. That my client had received serious shock, mental torture. pain, agony and sufferings on account of those defective goods and not providing of after sales services by your company. My client has suffered financial losses and damages due to such illegal act on your part.
5. My client states that, she received a lot of goods from you, many were sold of, the proceeds were paid to you and her profit share received. However, following goods from you, had been found to be defective, as stated above, which was returned by her customers. Among all such returned goods, you had already accepted on 19-05-.... “CXL INVERTOR 550 VA, TEL KING: QUANTITY 2 EACH PIECES”; “CXL INVERTOR 800 VA, TEL KING: QUANTITY 2 EACH PIECES”. and “EURO POWER BATTERY QUANTITY 2 EACH PIECES”. You had signed the return memo prepared by her. However, unfortunately, you did not collect following defective goods from my client and this notice is to persuade you to collect those goods.
i) Geycers-operated by LPG Gas, quantity 10 (ten only) pieces.
ii) Water Filter, Ex-Pura, quantity 05 (five only) pieces.
iii) CXL COOLERS, two different sizes, quantity 02 (two only) pieces.
My client Instructs me to write that, she do not re-collect, whether there had been any more goods received from you, for sales.
6. My client states that, initially you promised to send your engineer and recovery vehicle to collect those defective goods and promised to pay her the balance amount, to close her retailership. However, afterwards you started neglecting her telephone reminders. Your sales representatives no more visit my client. My client do not sell any more goods as your retailer. Resultantly, you do not want to lift these un-serviceable goods and return the token security deposit. Unfortunately, my client do not remember the exact amount of token deposit, by which she can make an AD-VALOREM claim from you.
7. My client states that, this case comes within Article 27 of the Limitation Act, which reads:- For compensation for breach of a promise to do anything upon the happening of a specified contingency. My client states that, being she was threatened with Consumer complaints, she had to refund the payments to her customers or exchange the goods of other companies, in Guarantee/ Warrantee of your companies goods. Consequently she wanted to close her retailership of your goods. Thus, the specified contigency stated in your agreement had arrived, but you had not done your part of the contract.
8. In this dispute, there exists no standard for ascertaining actual damage caused by the non-performance of the act agreed to be done by you, being you are only responsible to supply goods to the retailer and collecting back. Simultaneously you issue Invoice to collect money and you issue Refund Voucher, while collecting defective goods. Thus, my client informs you that, she will file a Suit for SPECIFIC RELIEF, for a Mandatory Injunction to perform your part of the contract. She will claim a compensation of Rs. one lakh, towards damages, for your not performing your part of the contract till now.
9. My client states that, her this 'Legal Demand Notice' is WITHOUT PREJUDICE to her other rights under the following categories of Rights and Duties:-
i) to get entire things examined by a qualified engineer/ chartered accountant etc, to find out exact money she can recover from you, and to file a RECOVERY SUIT, in pursuance of the said notice.
ii) To examine her entire files and ware-house/ go-down, to locate any more defective goods, which are to be returned to you and to compel you to collect that also, in order to take refund from you.
What my client means is, this 'Legal Demand Notice' is only about these 17 (seventeen only) goods as stated above at para 5, supra and her other rights are not to be prejudiced because she issued this 'Legal Demand Notice'.
10. With the above narration of facts, my client do hereby demand the following:- Pay the whole amount of my client’s token security deposit and collect those goods after deducting any money, if due to you, from my client. And pay compensation and damages Rs. 1,00,000/-, (one lakh only) towards the shock, mental torture, pain, agony and suffering and financial loss, suffered by my client on above account Please pay this amount within 15 days from today.
11. You are further required to note that, if you fail to make the payment, my client will file Civil Suit, for specific performance of your contract, to pray for an Injunction, to compel you to perform your part of the contract. You are further liable for the costs of this Notice.
Thanking You.
Yours faithfully,
Mr.aaa, Advocate (Enrolment No....)
Read out and accepted correct.
for the client
Signed OWNER
Signed SALESMAN
Rubber stamp of the client
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Question:- Issue a Legal Demand Notice, on behalf of your client, who have a Bounced/ Dishonoured cheque with him, but Negotiable Instruments Act Proceedings had been delayed. Presume all facts.
Mr.aaa
Advocate (Enrolment No....)
Address:-
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BY COURIER/ BY SPEED POST
Dated: 18 June year ...
To,
The Officer in charge, The International .... Mission, Address:.....
ADVOCATE NOTICE TO DEMAND THE AMOUNT OF Rs. 12,145-00. PRE-CRIMINAL COMPLAINT AND PRE CIVIL-RECOVERY SUIT NOTICE
U/Ss 415 AND 420 Indian Penal Code, 1860.
Sir,
1 As instructed by and on behalf of my client, Mrs.aaa, aged.... yrs, wife of Mr.bbb , owner of M/s xxx Trading Co. address....; I hereby issue the following legal demand notice to demand the value of one cheque and compensation from you. My client, inter alia, do the work of getting Advertisements published in News Papers, at rates cheaper than what they offer in to the Direct Clients, and this Case relates to one such Advertisements given. The facts in brief are as follows:-
2. The addressee of this notice is The Officer in charge, The International .... Mission, Address: ....... You had a conducted business through Ms.ccc, the President and Mr.ddd, the Secretary, of your Secretariat office, located at your second address ....., which is the ordinary place of business or works for gain for the addressee. Hence the Secretariat Address/ Office is locked now, the Notice is issued to the Head Office.
3. In the month of August 2004 or August 2003, you the addressee advertised in the News Paper “Dainik Jagran”; through my client. My client instructed me to state that, she had paid complete dues of the News Paper arising from this work, within due date, so that her Contract Obligations with the News Paper will remain honoured. You issued a cheque of Rs. 1800/- to pay this legally enforceable debt. My client presented this cheque for payment, but that was dishonoured 3-4 times due to technical defects, which were cured by you each time. Ultimately the said cheque got mutilated, due to repeated corrections and signatures. Thus, you issued the present cheque for Rs. 2020/-, for the principal amount Rs.1800/- and the loss refund in the form of Bank’s penal charges on my client for the said dishonours.
4. The present cheque, the cause of action cheque is issued by you for Rs. 2020/-, on 01-11-2004. The number of the cheque is ..., from the A/c No. ... of the Canara Bank, Branch.... It is being signed by Ms.ccc, the President and Mr.ddd, the Secretary. It bears a correction sign in the date. The Secretary’s signature bears another date of 11-11-2004. At the reverse side of the cheque, the Secretary had signed: “Mutilation confirmed”. Because of these shortcomings in the cheque, the cheque was dishonoured four times. Ultimately, when the cheque was presented for the 5th time, your bank had issued a memo stating that you had stopped the payment of the cheque. My client personally contacted you for payment of Rs. 2020/- the value of the cheque and Rs. 125/- the refund of Bank’s penal charges, for a sum total of Rs. 2145/-. However, my client states that, you asked her to file a Court case, to collect this amount. Mr.zzz, who is an employee of my client instructs me to state that, Ms.ccc, the President of the Addressee had quoted a Dialogue from a Popular Hindi Cinema “Chalte Chalte”, in which the Hero of the Movie (Shahrukh Khan) had been told by one of his Creditor: “It is only the alms which can be demanded... the Rights will have to be got decided through the Courts”.
5. That my client has received serious shock, mental torture. pain, agony and sufferings on account of dishonour of the cheque and my client has suffered financial losses and damages due to such illegal act on your part. My client is capable of assessing the compensation and damages as Rs.10,000/-.
6. That you the above addressee is under a legal obligation to make the payment of cheques and the cheques had been issued by you on account of legally recoverable debt.
7. That the above addressee is also liable to be prosecuted as per provisions of Sections 415 and 420, Indian Penal Code as you had dishonestly and fraudulently misappropriated the sum of Rs. 2020/- of my client and you the above addressee had caused wrongful gain to yourself and wrongful loss to my client to the sum of Rs.2020/-.
8. That you the addressee, the ... Mission, and the signatory of the cheque, namely Ms.ccc, the President and Mr.ddd, the Secretary, are jointly and severally liable to make payment of the cheque and liable to be prosecuted before criminal Court, for the dishonour of the cheque.
9. With the above narration of facts, my client do hereby demand the following:- Pay the whole amount of the cheque no. ...., the sum of Rs.2020/- (Rupees two thousand twenty only), Bank’s penal charges Rs. 125/- (Rupees one hundred twenty five only), and pay compensation and damages Rs. 10,000/- (Rupees ten thousands only); towards the shock, mental torture, pain, agony and suffering and financial loss, suffered by my client on account of the said repeated dishonour of the cheque. Please pay this amount within 15 days from the receipt of this Notice.
10. That means a total sum of Rs.2020 + 125 + 10000 = 12,145/- (Rupees twelve thousand one hundred forty five only), is demanded by my client, towards the amount of cheque and compensation and damages. Please pay this amount within 15 (fifteen) days from the receipt of this Notice.
11. You are further required to note that, if you fail to make the payment, my client will file criminal complaint U/Ss 415 and 420 IPC and Civil Suit, to recover the amount demanded. You are further liable for the costs of this Notice.
Thanking You. Yours faithfully,
Mr.aaa, Advocate, Enrolment No....
Read out and accepted correct.
Client.
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Question:- You had received a few white papers in an envelop, from a person to whome you had issued a Legal Demand Notice in the past. What is further course of action from your side?
Another Question:- When there is shortage of time and Limitation, to ensure no fraud by Opposite party, what pre-caution should be taken, while issuing Notice.
Answer:- If the Notice is only one page, it can be send in an Inland Letter Card, in a Registered Post or Speed Post. I