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Niraj_
1

Demand notice format, if person has misrepresentated and got the consent and out of total money he took, he gave only 30% amount, 70% is remaining.
From India, Mumbai
Dinesh Divekar
7863

Dear Niraj,

The information provided is too inadequate to give comments. Please confirm to us who was the primary party in misrepresentation, who was the secondary party, what was the nature of the job, the designation and was there a violation of prescribed rules or SOPs etc.

Unless we have complete information, it will be too difficult to give suggestions.

Thanks,

Dinesh Divekar

From India, Bangalore
Niraj_
1

There 1 case where the agent showed the party that here is the plot and it's price is ₹10 lacs and party agreed to buy and then gave 3 lacs ₹ as token amount and later when party went to the agent. The agent was like the plot is situated at mountain and when party demanded money back out of 3 lacs, agent gave ₹120000 only. The party wanted to cancel the contract as there was complete misrepresentation here. But now agent is not giving the balance amount to the party.
So can anybody please help with drafting demand notice in this case?

From India, Mumbai
Dinesh Divekar
7863

Dear Niraj,

The following questions emerge from the information that you have provided:

a) If the buyer wanted to buy a plot worth Rs 10 Lakh, then did he check the original copies like Encumbrance Certificate (EC), Sales Deed, Mutation Entries (if any), Gift Deed (if applicable), the receipts for the payment of the property tax for the last five years etc? How come the buyer made the sales agreement without verifying the authenticity of the documents?

b) Did the buyer transfer Rs 3 Lakh without physical verification of the vacant site?

c) While transferring Rs 3 Lakh did the buyer make a Sales Agreement? If yes, then the funds must have been transferred to the owner (seller) of the vacant site. The real agent is eligible to get the commission agreed by the buyer and the agent. However, how come the real estate agent got Rs 3 Lakh? How the funds were transferred?

d) Who drafted the sales agreement? Was it drafted by the lawyer? Was it made without taking help of the lawyer? Were the photocopies of the vacant site attached to the sales agreement? If yes, then did the seller solemnly pledge the authenticity of the documents?

Yes, this could be a case of cheating, however, we need to know the terms and conditions of the "Sales Agreement". We need to know whether the role of the seller and the real estate broker was properly defined or not. By the way, did the buyer make a separate agreement for the payment of commission to the real estate agent? If yes, then please provide the terms and conditions of that agreement also.

Unless we know the complete facts of the case, no proper suggestions can be given.

Thanks,

Dinesh Divekar

From India, Bangalore
saswatabanerjee
2385

I think this person has posted the same item on another post that has been removed by the admin. The matter has nothing to do with HR
From India, Mumbai
saswatabanerjee
2385

This is a matter of fraud and something that your lawyers should handle.
I do not know why you posted it on an HR forum.

In any case, pay the lawyer to do it as this shouldnt be done without understanding all the facts and circumstances of the case.

From India, Mumbai
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