To,
M/s Paramount Towers Ltd
H-123, Sec-63, Noida
Subject: Fraudulent Demand letter dated 03-Oct-2012 for final payment milestone of 10% for “Start of Finishing” at Flat xxx, yyy tower, Paramount Floraville, Sec-137, Noida
Dear Sir/Ma’am,
This is to bring to your attention that your office has sent me a demand letter for Rs 4,60,753.00 on 3rd Oct 2012 for the full and final payment towards my purchase of flat no. xxx in yyy tower at Paramount Floraville, Sec-137, Noida for the “Start of Finishing” milestone defined in the payment plan. This demand letter was subsequently followed up by another letter demanding payment along with accrued interest of Rs 5,681.00 on 30th Nov 2012.
I would like to assert that having inspected the progress of the development at the project site, it has come to my attention that neither my flat, nor the project Floraville itself are anywhere near close to “Start of Finishing”, based on the following observations:
a) No plastering, putty or paint work has started
b) No doors, windows or glass work has started
c) None of the plumbing fittings have been done in the bathrooms or kitchen
d) No electrical fittings have been done
e) No flooring work has started either in the flat, or in the common areas
In fact, it is evident that none of the towers in this project are close to starting finishing work and appear to be at least 8 months away from that. I’m attaching photographs of the project taken on 12th Dec 2012 including close up of tower Fuchsia on the next page. Please note that:
1. This is causing us a lot of distress.
2. I would like to believe that this is an error from your side and you would withdraw your demand letter referenced above, remove any accrued interest for late payment or reference thereof and respond in writing to that effect to me no later than 15 days of receipt of this letter.
3. However, if your response is not received by 31st Dec 2012, or you attempt to define “Start of Finishing” in a manner not befitting all 5 tasks (a) to (e) described above, I will be left with no option but to pursue a legal course of action.
4. In case of legal action, I will claim attempt to defraud, breach of contract, compensation for distress, legal costs, travel costs, administrative and other charges.
You may provide evidence proving that all 5 tasks (a) – (e) defined above are indeed complete and assert the same demand letter or issue a new demand letter at the correct stage of development, as per the terms of the Builder-Buyer Agreement signed between us.
Sincerely,
P. S. This communication is also being sent by registered post to your official mailing address.
ENCLOSURE:
1. Copy of demand letter dated 3rd Oct 2012
2. Copy of interest accrual notification in letter dated 30th Nov 2012
3. Photographs of progress of development of Floraville project including yyy tower taken on 10th Dec 2012