ASHOK KUMAR SINGH

Advocate
High Court at Calcutta

अशोक कुमार स िंह, असिवक्ता

उच्च न्यायालय कलकत्ता
High Court Bar Association Room
No. 15, High Court at Calcutta.
Mobile Number : 9883070666,
9836829666, E-mail :
[email protected]
[email protected]

Date : 14th day of July’ 2025

To,

1. M/s. Development Corporation

Private Limited, having its
Registered Office at Village –
Khastheka, Bishnupur,
Patharberia, Jayachandpur, Post
Office – Bishnupur, Police Station
– Bishnupur, District – South 24
Parganas, Pin – 743503, West
Bengal, and having its Corporate
Office at Premises being no. 2,
Rowland Road, Post Office – Lala
Lajpat Rai sarani, Police Station –
Ballygunge, Kolkata – 700020,
District South 24 Parganas, West
Bengal.

2. M/s. Woodland Complex Private

Limited, having its Registered
Office at Village – Khastheka,
Bishnupur, Patharberia,
Jayachandpur, Post Office –
Bishnupur, Police Station –
Bishnupur, District – South 24
Parganas, Pin – 743503, West

Page 1 of 13
ASHOK KUMAR SINGH
Advocate
High Court at Calcutta

अशोक कुमार स िंह, असिवक्ता

उच्च न्यायालय कलकत्ता
High Court Bar Association Room
No. 15, High Court at Calcutta.
Mobile Number : 9883070666,
9836829666, E-mail :
[email protected]
[email protected]
Bengal, and having its Corporate
Office at Premises being no. 2,
Rowland Road, Post Office – Lala
Lajpat Rai sarani, Police Station –
Ballygunge, Kolkata – 700020,
District South 24 Parganas, West
Bengal.

3. M/s. Eden Realty Ventures

Private Limited, having its
Registered Office at Metropolitan
Building, Premises being no. 7,
Jawahar Lal Nehru Road, Post
Office – Dharamtala, Police
Station New Market, Kolkata –
700013, West Bengal.

4. Mrs. Nidhi Arora Mitra, Daughter

of Gopi Krishan Arora, working as
Authorised Signatory, for gain at
M/s. Eden Realty Ventures
Private Limited, having its
Registered Office at Metropolitan
Building, Premises being no. 7,
Jawahar Lal Nehru Road, Post
Office – Dharamtala, Police
Station New Market, Kolkata –
700013, West Bengal.

Page 2 of 13
ASHOK KUMAR SINGH
Advocate
High Court at Calcutta

अशोक कुमार स िंह, असिवक्ता

उच्च न्यायालय कलकत्ता
High Court Bar Association Room
No. 15, High Court at Calcutta.
Mobile Number : 9883070666,
9836829666, E-mail :
[email protected]
[email protected]

Ref.: Agreement for Sale dated 2nd

day of May’ 2022, in respect of the
Apartment, being D-Type
Residential Apartment No. 406, on
the 3rd Floor in Zone-B1 of Tower –
B, having Carpet area of 561 (Five
Hundred and Sixty One) Square
Feet more or less corresponding to
covered area of 656 (Six Hundred
and Fifty Six) Square feet, more or
less, in the complex named “Solaris
Joka Phase 1”, being constructed
area on the piece and parcel of the
plot of Land measuring an area of
124.76 (One Hundred Twenty Four
point Seventy Six) Decimal, be the
same a little more or less, equivalent
to 5049 (five thousand and forty
nine) square meters, be the same a
little more or less, situated lying at
and comprised in C.S. /R.S. Dag
Nos. 477, 488, 489, 507, 508, 509,
510, and 511, corresponding L.R.
Dag Nos. 483, 494, 495, 513, 514,
515, 516, and 517, at Mouza –
Bhasa, J.L. no. 20, recorded under
L.R. Khatian Nos. 1466 and 1467,

Page 3 of 13
ASHOK KUMAR SINGH
Advocate
High Court at Calcutta

अशोक कुमार स िंह, असिवक्ता

उच्च न्यायालय कलकत्ता
High Court Bar Association Room
No. 15, High Court at Calcutta.
Mobile Number : 9883070666,
9836829666, E-mail :
[email protected]
[email protected]
Police Station – Bishnupur, under
Purba Bishnupur-Bhasa Gram
Panchayat, Bishnupur – I
Development Block, Pin – 743503,
in the District South 24 Parganas,
West Bengal;

Sub.: Legal Notice for Delay in

Delivery of Possession, Non-
execution of Deed of Conveyance,
and Breach of Agreement for Sale
dated 02.05.2022 in respect of
Apartment No. 406 at Solaris Joka
Phase 1;

My Clients : Rajiv Kumar Singh, Son

of Amar Kumar Singh, residing at
Premises being no. 248, Motilal
Gupta Road, Post Office –
Haridevpur, Police Station –
Haridevpur, Pin – 700082, District
South 24 Parganas, and Smt.
Susmita Singh, Daughter of Jay
Prakash Narayan, residing at
Premises being no. 248, Motilal
Gupta Road, Post Office –
Haridevpur, Police Station –
Haridevpur, Pin – 700082, District

Page 4 of 13
ASHOK KUMAR SINGH
Advocate
High Court at Calcutta

अशोक कुमार स िंह, असिवक्ता

उच्च न्यायालय कलकत्ता
High Court Bar Association Room
No. 15, High Court at Calcutta.
Mobile Number : 9883070666,
9836829666, E-mail :
[email protected]
[email protected]
South 24 Parganas. Both are
presently residing at Flat no. 4 D,
Tower 16, Genexx Valley, Joka,
Kolkata – 700104, Mobile Number :
8961386682, Email :
[email protected]
Dear Sir/s, Madam/s,

Under instructions of my Clients Rajiv Kumar Singh, Son of Amar Kumar

Singh, residing at Premises being no. 248, Motilal Gupta Road, Post
Office – Haridevpur, Police Station – Haridevpur, Pin – 700082, District
South 24 Parganas, and Smt. Susmita Singh, Daughter of Jay Prakash
Narayan, residing at Premises being no. 248, Motilal Gupta Road, Post
Office – Haridevpur, Police Station – Haridevpur, Pin – 700082, District
South 24 Parganas, both are presently residing at Flat no. 4 D, Tower 16,
Genexx Valley, Joka, Kolkata – 700104, Mobile Number : 8961386682,
Email : [email protected] I hereby states as follows;

1. That the Noticee nos. 1 & 2, are the Land Owners, and the Noticee
No. 3, is a Developer, in respect of the Apartment, being D-Type
Residential Apartment No. 406, on the 3rd Floor in Zone-B1 of
Tower –B, having Carpet area of 561 (Five Hundred and Sixty One)
Square Feet more or less corresponding to covered area of 656 (Six
Hundred and Fifty Six) Square feet, more or less, in the complex
named “Solaris Joka Phase 1”, being constructed area on the piece
and parcel of the plot of Land measuring an area of 124.76 (One
Hundred Twenty Four point Seventy Six) Decimal, be the same a
little more or less, equivalent to 5049 (five thousand and forty nine)

Page 5 of 13
ASHOK KUMAR SINGH
Advocate
High Court at Calcutta

अशोक कुमार स िंह, असिवक्ता

उच्च न्यायालय कलकत्ता
High Court Bar Association Room
No. 15, High Court at Calcutta.
Mobile Number : 9883070666,
9836829666, E-mail :
[email protected]
[email protected]
square meters, be the same a little more or less, situated lying at
and comprised in C.S. /R.S. Dag Nos. 477, 488, 489, 507, 508,
509, 510, and 511, corresponding L.R. Dag Nos. 483, 494, 495,
513, 514, 515, 516, and 517, at Mouza – Bhasa, J.L. no. 20,
recorded under L.R. Khatian Nos. 1466 and 1467, Police Station –
Bishnupur, under Purba Bishnupur-Bhasa Gram Panchayat,
Bishnupur – I Development Block, Pin – 743503, in the District
South 24 Parganas, West Bengal. The Noticee Nos. 1 & 2, are
represented by the Noticee No. 3, herein being M/s. Eden Realty
Ventures Private Limited, having its Registered Office at
Metropolitan Building, Premises being no. 7, Jawahar Lal Nehru
Road, Post Office – Dharamtala, Police Station New Market,
Kolkata – 700013, West Bengal, by its Authorized Signatory Mrs.
Nidhi Arora Mitra, Daughter of Gopi Krishan Arora, being the
Noticee no. 4, herein by virtue of constituted attorney. The Noticee
no. 3, also represented by the Noticee no. 4, herein.

2. That the Noticee No. 3, being the Developer, in terms of the Joint
Development Agreement is undertaking the development of “Solaris
Joka Phase 1” and commercially exploiting the same in phase wise
manner and therefore earmarked All That piece and parcel of plots
of land admeasuring an area of 4879 (four thousand eight hundred
and seventy nine) square meteres, be the same a little more or less,
for residential purpose and 170 (one hundred seventy one) square
meters, be the same a little more less, of commercial purpose
aggregating to 5049 (five thousand and forty nine) square meters,
be the same a little more or less, situated lying at and comprised in
C.S. /R.S. Dag Nos. 477, 488, 489, 507, 508, 509, 510, and 511,

Page 6 of 13
ASHOK KUMAR SINGH
Advocate
High Court at Calcutta

अशोक कुमार स िंह, असिवक्ता

उच्च न्यायालय कलकत्ता
High Court Bar Association Room
No. 15, High Court at Calcutta.
Mobile Number : 9883070666,
9836829666, E-mail :
[email protected]
[email protected]
corresponding L.R. Dag Nos. 483, 494, 495, 513, 514, 515, 516,
and 517, at Mouza – Bhasa, J.L. no. 20, recorded under L.R.
Khatian Nos. 1466 and 1467, Police Station – Bishnupur, under
Purba Bishnupur-Bhasa Gram Panchayat, Bishnupur – I
Development Block, Pin – 743503, in the District South 24
Parganas, West Bengal.

3. That the Noticees were entered into an Agreement for Sale dated
2nd day of May’ 2022, in respect of the Apartment, being D-Type
Residential Apartment No. 406, on the 3rd Floor in Zone-B1 of
Tower –B, having Carpet area of 561 (Five Hundred and Sixty One)
Square Feet more or less corresponding to covered area of 656 (Six
Hundred and Fifty Six) Square feet, more or less, in the complex
named “Solaris Joka Phase 1”, being constructed area on the piece
and parcel of the plot of Land measuring an area of 124.76 (One
Hundred Twenty Four point Seventy Six) Decimal, be the same a
little more or less, equivalent to 5049 (five thousand and forty nine)
square meters, be the same a little more or less, situated lying at
and comprised in C.S. /R.S. Dag Nos. 477, 488, 489, 507, 508,
509, 510, and 511, corresponding L.R. Dag Nos. 483, 494, 495,
513, 514, 515, 516, and 517, at Mouza – Bhasa, J.L. no. 20,
recorded under L.R. Khatian Nos. 1466 and 1467, Police Station –
Bishnupur, under Purba Bishnupur-Bhasa Gram Panchayat,
Bishnupur – I Development Block, Pin – 743503, in the District
South 24 Parganas, West Bengal, with my clients Rajiv Kumar
Singh, Son of Amar Kumar Singh, residing at Premises being no.
248, Motilal Gupta Road, Post Office – Haridevpur, Police Station –
Haridevpur, Pin – 700082, District South 24 Parganas, and Smt.

Page 7 of 13
ASHOK KUMAR SINGH
Advocate
High Court at Calcutta

अशोक कुमार स िंह, असिवक्ता

उच्च न्यायालय कलकत्ता
High Court Bar Association Room
No. 15, High Court at Calcutta.
Mobile Number : 9883070666,
9836829666, E-mail :
[email protected]
[email protected]
Susmita Singh, Daughter of Jay Prakash Narayan, residing at
Premises being no. 248, Motilal Gupta Road, Post Office –
Haridevpur, Police Station – Haridevpur, Pin – 700082, District
South 24 Parganas.

4. That my Clients have applied for a Flat in the Solaris “Joka Phase
1”, vide application no. 80187 dated 23-02-2021 and have been
allotted D-Type Residential Apartment No. 406, on the 3rd Floor, in
Zone –B1 of Tower B, having Carpet area of 561 (Five Hundred and
Sixty One) Square Feet more or less corresponding to covered area
of 656 (Six Hundred and Fifty Six) Square feet, more or less, which
has been duly allotted favouring my clients by Allotment Letter
dated 11-03-2021. Furthermore the right to park medium sized car
or standard sized two-wheeler which may be open to sky or covered
has been assigned to my clients.

5. That the Total Consideration money has been agreed as Rs.

25,71,112/- (Rupees Twenty Five Lakhs Seventy One Thousand
and One Hundred Twelve) only, with the additional sum of money
as Rs. 2,05,688/- (Rupees Two Lakhs Five Thousand and Six
Hundred Eighty Eight) only. The rate per sq. ft. of the said
Apartment (Carpet Area) is agreed at Rs. 4,583.08/- together with
Extra Charges amounts to Rs. 1,73,680/- (Rupees One Lakh
Seventy Three Thousand and Six Hundred Eighty) only, plus GST
amounts to Rs. 31,262/- (Rupees thirty one thousand and two
hundred sixty two) only, all are collectively referred to as the
“TOTAL PRICE”, therefore the total price come as a sum of Rs.

Page 8 of 13
ASHOK KUMAR SINGH
Advocate
High Court at Calcutta

अशोक कुमार स िंह, असिवक्ता

उच्च न्यायालय कलकत्ता
High Court Bar Association Room
No. 15, High Court at Calcutta.
Mobile Number : 9883070666,
9836829666, E-mail :
[email protected]
[email protected]
29,81,742/- (Rupees Twenty Nine Lakhs Eighty One Thousand and
Seven Hundred Forty Two) only.

6. That my Clients paid as (i) a sum of Rs. 19,63,984/- (Rupees

Nineteen Lakhs Sixty Three Thousand and Nine Hundred Eighty
Four) only, by availing financial facilities at the first threshold from
ICICI Bank and subsequently from HDFC Bank, (ii) Final
disbursement Banker’s Cheque ready for a sum of Rs. 2,72,064/-
(Rupees Two Lakhs Seventy Two Thousand and Sixty Four) only,
by the said financial facility availed from HDFC Bank, and (iii) my
client’s own contribution in making the payment as a sum of Rs.
7,62,026/- (Rupees Seven Lakhs Sixty Two Thousand and Twenty
Six) only, therefore the total sum of money paid by my client sum
up as of Rs. 29,98,074/- (Rupees Twenty Nine Lakhs Ninety Eight
Thousand and Seventy Four) only, which is more than the total
price as agreed upon as a sum of Rs. 29,81,742/- (Rupees Twenty
Nine Lakhs Eighty One Thousand and Seven Hundred Forty Two)
only, therefore my client had paid you the excess sum of Rs.
16,332/- (Rupees Sixteen Thousand and Three Hundred Thirty
Two) only.

7. That the Possession of the said apartment has been agreed to

deliver on or before 30th November’ 2023, in terms of Paragraph 7
of the said Agreement for Sale dated 2nd day of May’ 2022, to my
clients, which has yet to be deliver to my clients, even after making
excess money paid to you, as emphasized in the preceding
paragraph of this notice. Therefore substantial delay is still
continuing on the face of the fact subscribed.

Page 9 of 13
ASHOK KUMAR SINGH
Advocate
High Court at Calcutta

अशोक कुमार स िंह, असिवक्ता

उच्च न्यायालय कलकत्ता
High Court Bar Association Room
No. 15, High Court at Calcutta.
Mobile Number : 9883070666,
9836829666, E-mail :
[email protected]
[email protected]

8. That in the month of May’ 2025, while my clients received an Email

from you regarding the payment of Stamp duty and registration
charges, my client made such payment to the Directorate of
Registration & Stamp Revenue for a sum of Rs. 1,15,590/- (Rupees
One Lakh Fifteen Thousand and Five Hundred Ninety) only,
Photostat copy of the payment summary, is annexed herewith for
your kind references. After such payment, the fact has been
communicated to you though you did not head to the needful for
the execution and registration of the Deed of conveyance, and thus
a period of 63 (sixty three) days has been elapsed till the day
writing this notice to you from the date of making such payment
on your email request to my client.

9. That further find the Photostat copy of the Banker’s Cheque for a
sum of Rs. 2,72,064/- (Rupees Two Lakhs Seventy Two Thousand
and Sixty Four) only, towards the final payment to you, for your
kind references.

10. That it is pertinent to say that you had taken the advance
maintenance charges as a sum of Rs. 25,771/- (Rupees Twenty
Five Thousand and Seven Hundred Seventy One) only, on 2nd day
of January’ 2025.

11. That even after taking all the payments as per terms of the
said Agreement for Sale dated 2nd day of May’ 2022, and your
Invoicing, including the excess amount as well as advance
maintenance charges, and despite repeated communications and

Page 10 of 13
ASHOK KUMAR SINGH
Advocate
High Court at Calcutta

अशोक कुमार स िंह, असिवक्ता

उच्च न्यायालय कलकत्ता
High Court Bar Association Room
No. 15, High Court at Calcutta.
Mobile Number : 9883070666,
9836829666, E-mail :
[email protected]
[email protected]
reminders, you have failed, neglected, and deliberately omitted to
(i) hand over possession of the said Apartment No. 406 in Zone-B1
of Tower-B at Solaris Joka Phase 1, and (ii) execute and register
the Deed of Conveyance in favour of my clients, thereby causing
undue hardship, mental harassment, and financial distress to my
clients.

12. That it is further stated that despite repeated

communications and requests made by my clients to permit them
to visit the project site for verification of the construction status
and completion of internal works in respect of the said Apartment
No. 406, you have willfully refrained from granting them access to
the site. Such denial of opportunity to inspect the apartment, even
after full and final payment having been made, is wholly
unjustified, amounts to lack of transparency, and raises serious
concerns about your bona fides and intentions in fulfilling your
contractual obligations under the Agreement for Sale.

13. That your inaction and unexplained delay in delivering

possession and executing the registered conveyance, in breach of
your express contractual obligations under the Agreement for Sale
dated 02.05.2022, is not only unethical and unconscionable but
also constitutes a clear case of deficiency in service and unfair
trade practice within the meaning of the Consumer Protection Act,
2019, for which you are legally liable.

14. That by your deliberate withholding of possession of the said

apartment and failing to proceed with registration of the Deed of

Page 11 of 13
ASHOK KUMAR SINGH
Advocate
High Court at Calcutta

अशोक कुमार स िंह, असिवक्ता

उच्च न्यायालय कलकत्ता
High Court Bar Association Room
No. 15, High Court at Calcutta.
Mobile Number : 9883070666,
9836829666, E-mail :
[email protected]
[email protected]
Conveyance even after receiving the full and final consideration,
stamp duty and registration charges, you have rendered yourself
liable for legal action, including but not limited to, filing of a
consumer complaint before the appropriate Consumer Disputes
Redressal Commission for redressal of grievance, compensation for
harassment, refund of excess payment with interest, and all other
consequential reliefs as may be deemed just and proper in the
facts and circumstances of the case.

15. That my clients hereby finally call upon all of you, jointly and
severally, to do the following within a period of 15 (fifteen) days
from the date of receipt of this notice:

(i) To forthwith hand over peaceful and vacant physical

possession of the said Apartment No. 406 in Zone-B1 of
Tower-B at Solaris Joka Phase 1, to my clients;

(ii) To immediately execute and register the Deed of Conveyance

in favour of my clients at your cost and consequence;

(iii) To refund the excess payment of Rs. 16,332/- (Rupees

Sixteen Thousand Three Hundred Thirty Two) only, along
with interest @ 12% per annum from the date of payment till
realization;

(iv) To compensate my clients with an amount of Rs. 5,00,000/-

(Rupees Five Lakhs) only, towards mental agony,
harassment, and deficiency in service;

Page 12 of 13
ASHOK KUMAR SINGH
Advocate
High Court at Calcutta

अशोक कुमार स िंह, असिवक्ता

उच्च न्यायालय कलकत्ता
High Court Bar Association Room
No. 15, High Court at Calcutta.
Mobile Number : 9883070666,
9836829666, E-mail :
[email protected]
[email protected]

(v) To pay interest @ 12% per annum on the total consideration

amount from 1st December 2023 till the date of actual
possession and registration;

(vi) To refrain from creating any third-party interest over the said
apartment.

Please take notice that in the event of your failure to comply with
the above demands within the stipulated period of 15 (fifteen) days
from the date of receipt of this notice, my clients shall be
constrained to initiate appropriate legal proceedings, civil and/or
criminal, including but not limited to lodging a consumer
complaint and/or initiating proceedings under the West Bengal
Housing Industry Regulation Act (WBHIRA) and/or the Consumer
Protection Act, 2019, and/or before any other competent
authority/forum/court of law, holding all of you solely responsible
for all costs, risks, and consequences arising therefrom.

This notice is issued without prejudice to my clients' rights and

remedies available in law and in equity.

Yours’ faithfully,

Ashok Kumar Singh,

Advocate
High Court Calcutta Enclo.: as above.

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