SANJIB SAHA

Advocate
High Court Calcutta High Court at Calcutta Chamber :
P-16, Purbasha Pally, Dr. A. K.
Paul Road, Kolkata – 700034.
Mobile Number : 9051570268,
7003781930, E-mail :
[email protected]

By Registered Post / Speed Post / Ordinary Post

WITHOUT PREJUDICE

Ref.: SS / SM / 3108-9218 / 25 Dated : 2nd day of May’ 2025

To,

1. M/s. ABS Land Development &

Construction Private Limited, a
Private Limited Company
incorporated under the
Companies Act, 1956, having its
Registered Office at Premises
being no. 13/B, Jatin Das Road,
Police Station – Tollygunge,
Kolkata – 700029, West Bengal.

2. Sri Tapan Ghosh, Son of Late

P.L. Ghosh, residing at Premises
being no. 13/B, Jatin Das Road,
Police Station – Tollygunge,
Kolkata – 700029, West Bengal.

3. Sri Tapan Ghosh, Director of

M/s. ABS Land Development &
Construction Private Limited, a
Private Limited Company
incorporated under the
Companies Act, 1956, having its
Registered Office at Premises
being no. 13/B, Jatin Das Road,
Police Station – Tollygunge,
Kolkata – 700029, West Bengal.

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SANJIB SAHA
Advocate
High Court Calcutta High Court at Calcutta Chamber :
P-16, Purbasha Pally, Dr. A. K.
Paul Road, Kolkata – 700034.
Mobile Number : 9051570268,
7003781930, E-mail :
[email protected]

4. Sri Abhijit Chowdhury, Son of

Chitta Ranjan Chowdhury,
residing at Premises being no. G
108, Baghajatin, Police Station
– Patuli, Kolkata – 700086,
District South 24 Parganas.

5. Sri Abhijit Chowdhury, Director

of M/s. ABS Land Development
& Construction Private Limited,
a Private Limited Company
incorporated under the
Companies Act, 1956, having its
Registered Office at Premises
being no. 13/B, Jatin Das Road,
Police Station – Tollygunge,
Kolkata – 700029, West Bengal.

Ref.: Agreement for Sale dated

1st day of June’ 2012;

My Client : Sri Suman Giri,

Son of Sri Dhiraj Kumar Giri,
residing at Premises being no.
162, Banamali Ghosal Lane,
Kolkata – 700034.

Legal Notice
Dear Sir/s,

Under instructions of my Client Sri Suman Giri, Son of Sri Dhiraj

Kumar Giri, residing at Premises being no. 162, Banamali Ghosal
Lane, Kolkata – 700034, do hereby states as follows;

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SANJIB SAHA
Advocate
High Court Calcutta High Court at Calcutta Chamber :
P-16, Purbasha Pally, Dr. A. K.
Paul Road, Kolkata – 700034.
Mobile Number : 9051570268,
7003781930, E-mail :
[email protected]

1. You allured my client about your alleged Project of City Life

under the name & style “Baruipur Enclave” which consisting of
639 numbers of plots in different sizes comprising in Mouza –
Pirkhali & Bamungachi, under Julpia Gram Panchayat, District
South 24 Parganas with several Blocks, together with Park in
Block C & D and lake in Block A & D in the project of “Baruipur
Enclave”, Space for Shopping Mall, Nursing Home in Block –B
and island Park at the centre of the Block A, B, C, & D in the
project of Baruipur Enclave”, and with other facility or facilities
are arranged for modern City Life, including Electricity,
Telephone Line, Water Line & Drainage system in the Project
“Baruipur Enclave”, having Main Road 30’ ft and link Road 20’
ft in the project. The said Project like sewerage, Electricity,
water Supply to the individual Plot being the part of the said
Project “Baruipur Enclave”.

2. You entered into an Agreement for Sale dated 1st day of June’
2012, with my client for the Sale of Land with all amenities as
(i) ALL THAT piece and parcel of Land measuring about 2160
Sq. ft. equivalent to 3 Cottahas (approx) comprising of Dag no.
89, Khatian No. 389, J.L. No. 154, Mouza – Pirkhali, Police
Station – Bishnupur, known and identified as Plot No. AB
(Block-A), in project “Baruipur Enclave” under the Julpia Gram
Panchayat, District South 24 Parganas, and (ii) ALL THAT piece
and parcel of Land measuring about 2160 Square feet
equivalent to 3 Cottahas (approx) comprising of Dag no. 89,
Khatian No. 389, J.L. No. 154, Mouza – Pirkhali, Police Station
– Bishnupur, known and identified as Plot No. AB (Block-A), in
project “Baruipur Enclave” under the Julpia Gram Panchayat,
District South 24 Parganas, at a total consideration price of Rs.
8, 40,000/- (Rupees Eight Lakhs and Forty Thousand) only,
being Rs. 4,20,000/- (Rupees Four Lakhs and Twenty
Thousand) only, for each Plot of Land.

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SANJIB SAHA
Advocate
High Court Calcutta High Court at Calcutta Chamber :
P-16, Purbasha Pally, Dr. A. K.
Paul Road, Kolkata – 700034.
Mobile Number : 9051570268,
7003781930, E-mail :
[email protected]

3. The said Agreement for Sale dated 1st day of June’ 2012,
containing some specified terms and conditions, which
refurnished as follows;

(a) Paragraph no. 6 at page no. 4 of the said agreement for sale
dated 1st day of June’ 2012, states as “That the Company,
the First Part herein shall complete the sale in respect of the
land particularly described in the Schedule “B” & schedule
“B-1” herein below by executing the registered Sale Deed/
Conveyance, upon completion the Project and payment of
entire consideration money within 3 years”.

(b) Paragraph no. 7 at page no. 4 of the said agreement for sale
dated 1st day of June’ 2012, states as “That the entire land
under the said Project including the said plot of land fully
described in Schedule “B” & Schedule “B-1” written
hereunder are free from all encumbrances and has a clear
and good marketable title”.

(c) Paragraph no. 9 at page no. 4 of the said agreement for sale
dated 1st day of June’ 2012, states as “That the said plot of
land particularly described in the Schedule “B” & in the
Schedule “B-1” hereunder along with all necessary facilities
fully described in the Schedule “C” herein below shall be
provided to the Allottee/ Purchaser”.

(d) Paragraph no. 10 at page no. 4 of the said agreement for sale
dated 1st day of June’ 2012, states as “That the necessary
papers and documents in respect of the title of the land are
under the possession of the company and kept in the office
record for inspection by the Purchaser/ Allottee”.

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SANJIB SAHA
Advocate
High Court Calcutta High Court at Calcutta Chamber :
P-16, Purbasha Pally, Dr. A. K.
Paul Road, Kolkata – 700034.
Mobile Number : 9051570268,
7003781930, E-mail :
[email protected]

(e) Paragraph no. 13 at page no. 5 of the said agreement for sale
dated 1st day of June’ 2012, states as “That in the case of the
failure on the part of the ABS Land Development &
Construction Private Limited to deliver the possession to the
Purchaser/ Allottee within the stipulated period, mentioned
herein above. The ABS Land Development & Construction
Private Limited may offer to deliver the other plot of land
along with all conveniences already granted in the instant
Agreement, otherwise the ABS Land Development &
Construction Private Limited shall be bound to return back
the entire money by 4 (Four) installments along with
Banking Recurring Deposit interest, if already paid to the
Vendor/ Company in regular installments in proper time.

(f) Paragraph no. 13 at page no. 5 of the said agreement for sale
dated 1st day of June’ 2012, states as “That if any disputes
cropped up between the parties, shall solve the disputes
amicably, otherwise the Learned Courts of Kolkata alone
shall have the jurisdiction to entertain and determine all
actions suits and proceedings arising out of these presents
between two parties hereto”.

4. That my Client has paid the entire consideration money in

terms of the said Agreement for Sale dated 1st day of June’
2012, to you against the receipt and acknowledgement thereof.
Which you have apportioned within the stipulated period
assigned under the said Agreement for Sale dated 1st day of
June’ 2012. Pertinently, my client booked such plot of land on
31st day of August’ 2010, subsequently, substantial money has
been paid at your persuasion about the alleged plot of land with
all amenities thereof and thus the said Agreement for Sale dated
1st day of June’ 2012, has been made and drafted by you and
your Learned Advocate.

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SANJIB SAHA
Advocate
High Court Calcutta High Court at Calcutta Chamber :
P-16, Purbasha Pally, Dr. A. K.
Paul Road, Kolkata – 700034.
Mobile Number : 9051570268,
7003781930, E-mail :
[email protected]

5. That the period of 36 (Thirty Six) months as stipulated in the

said Agreement for Sale dated 1st day of June’ 2012, has been
elapsed by 1st day of June’ 2015, and even after on receipt of
the entire consideration money, you did not deliver the physical
possession of the Schedule Land being (i) ALL THAT piece and
parcel of Land measuring about 2160 Sq. ft. equivalent to 3
Cottahas (approx) comprising of Dag no. 89, Khatian No. 389,
J.L. No. 154, Mouza – Pirkhali, Police Station – Bishnupur,
known and identified as Plot No. AB (Block-A), in project
“Baruipur Enclave” under the Julpia Gram Panchayat, District
South 24 Parganas, and (ii) ALL THAT piece and parcel of Land
measuring about 2160 Square feet equivalent to 3 Cottahas
(approx) comprising of Dag no. 89, Khatian No. 389, J.L. No.
154, Mouza – Pirkhali, Police Station – Bishnupur, known and
identified as Plot No. AB (Block-A), in project “Baruipur
Enclave” under the Julpia Gram Panchayat, District South 24
Parganas, and did not even pursue yourself to refund my
client’s money. Rather, time and again, you assured my client
for delivery of physical possession being Schedule plot of Land
assigned in the said Agreement for Sale dated 1st day of June’
2012, though nothing materialized till the day, writing this
Letter to you.

6. That Since a substantial period of 9 years 11 months 1 day has

been elapsed sustaining belief on you by my client, truly
realized that you will not deliver any physical possession of the
schedule plot of land nor refund the money apportioned by you.
Breach of Contract truly sustained at your behest with the
continuous false assurance, causing immense mental agony,
harassment, and financial loss to my Client. My Client has
waited patiently for almost a decade, relying on your repeated
promises and representations which have now proven to be
false and fraudulent in nature. Your conduct constitutes a
gross breach of contractual obligations, misrepresentation,

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SANJIB SAHA
Advocate
High Court Calcutta High Court at Calcutta Chamber :
P-16, Purbasha Pally, Dr. A. K.
Paul Road, Kolkata – 700034.
Mobile Number : 9051570268,
7003781930, E-mail :
[email protected]
unfair trade practice, and amounts to cheating and criminal
breach of trust.

7. It is also pertinent to mention that your continued failure to

fulfill the contractual obligations, despite repeated follow-ups
and your express assurances, not only constitutes a clear
breach of the terms of the agreement but also amounts to
unfair trade practice as defined under Section 2(47) of the
Consumer Protection Act, 2019. You have lured my Client into a
real estate transaction with promises of timely possession, only
to default on the same without reasonable justification.

8. Furthermore, your actions amount to a violation of the RERA

and related regulations, which mandate timely completion and
delivery of real estate projects. Despite having received almost
the entire consideration amount from my Client, you have
neither handed over possession nor refunded the amount with
interest. This suggests clear deficiency in service and negligence
on your part.

9. It is also relevant to note that the Hon’ble National Consumer

Disputes Redressal Commission (NCDRC) and various High
Courts have consistently held that failure to deliver possession
of a property within a reasonable time entitles the purchaser
either to possession along with compensation or to a full refund
with interest. My Client reserves the right to rely upon such
judicial precedents in support of his claim.

10. The inordinate delay in handing over possession, despite full

or substantial payment being made, clearly reflects your
intention to defeat the rights of genuine buyers like my Client,
which may also invite prosecution under Sections 318, 316,
and 61(2) of the Bharatiya Nyaya Sanhita (BNS) for cheating,
criminal breach of trust, and conspiracy.

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SANJIB SAHA
Advocate
High Court Calcutta High Court at Calcutta Chamber :
P-16, Purbasha Pally, Dr. A. K.
Paul Road, Kolkata – 700034.
Mobile Number : 9051570268,
7003781930, E-mail :
[email protected]

11. The breach is not curable at this stage without causing

further injustice to my Client. The law provides that in case of
breach by one party, the non-defaulting party is entitled to seek
rescission of the contract and claim damages or refund. Given
your continued default, my Client is within his rights to
demand a full refund along with interest and take appropriate
legal recourse against you

In the circumstances stated hereinabove, I, on behalf

of my Client, do hereby call upon you:

a) To immediately deliver peaceful, vacant, and physical

possession of the Schedule Land (i.e., (i) ALL THAT piece
and parcel of Land measuring about 2160 Sq. ft. equivalent
to 3 Cottahas (approx) comprising of Dag no. 89, Khatian
No. 389, J.L. No. 154, Mouza – Pirkhali, Police Station –
Bishnupur, known and identified as Plot No. AB (Block-A),
in project “Baruipur Enclave” under the Julpia Gram
Panchayat, District South 24 Parganas, and (ii) ALL THAT
piece and parcel of Land measuring about 2160 Square feet
equivalent to 3 Cottahas (approx) comprising of Dag no. 89,
Khatian No. 389, J.L. No. 154, Mouza – Pirkhali, Police
Station – Bishnupur, known and identified as Plot No. AB
(Block-A), in project “Baruipur Enclave” under the Julpia
Gram Panchayat, District South 24 Parganas,) along with all
promised amenities as per the Agreement for Sale dated 1st
June 2012 within 15 (fifteen) days from the date of receipt of
this Legal Notice;

OR IN THE ALTERNATIVE,

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SANJIB SAHA
Advocate
High Court Calcutta High Court at Calcutta Chamber :
P-16, Purbasha Pally, Dr. A. K.
Paul Road, Kolkata – 700034.
Mobile Number : 9051570268,
7003781930, E-mail :
[email protected]

b) To refund the entire consideration amount of Rs. 8,40,000/-

(Rupees Eight Lakhs Forty Thousand Only) paid by my
Client, along with interest calculated at the prevailing rate
applicable to banking recurring deposits, compounded
annually, from the date of respective payments made till
actual realization, in not more than 4 (four) equal
installments, the first of which shall be payable within 15
(fifteen) days from the receipt of this notice;

And

c) To compensate my Client for the mental agony, harassment,

and financial loss suffered due to your breach, by paying an
amount of Rs. 5,00,000/- (Rupees Five Lakhs Only) within
the same period;

And

d) To bear all legal and incidental costs incurred by my Client

in pursuing this matter, including legal notice charges, to
the extent of Rs. 25,000/- (Rupees Twenty-Five Thousand
Only).

e) Failing which, my Client shall be constrained to initiate

appropriate civil and criminal proceedings, including but
not limited to a suit for specific performance, damages,
recovery of money, and/or criminal complaint under
relevant provisions of the BNS’ 2023 and the Consumer
Protection Act, 2019, entirely at your risk, cost, and
consequence.

f) Please take this as a final opportunity to amicably resolve

the matter within the stipulated time.

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SANJIB SAHA
Advocate
High Court Calcutta High Court at Calcutta Chamber :
P-16, Purbasha Pally, Dr. A. K.
Paul Road, Kolkata – 700034.
Mobile Number : 9051570268,
7003781930, E-mail :
[email protected]

This notice is issued without prejudice to my Client’s rights and

remedies, available under law and in equity.

Thanking you,

Yours faithfully,

Sanjib Saha
Advocate
High Court Calcutta

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