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
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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 whether there was a violation of prescribed rules or SOPs, etc.

Without complete information, it will be difficult to provide suggestions.

Thanks,

Dinesh Divekar

From India, Bangalore
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There was one case where the agent showed the party a plot and its price of ₹10 lakhs. The party agreed to buy it and then gave ₹3 lakhs as a token amount. Later, when the party went to the agent, they were informed that the plot is located on a mountain. When the party requested a refund of the 3 lakhs, the agent only returned ₹120,000. The party sought to cancel the contract due to complete misrepresentation. However, the agent is withholding the remaining amount from the party.

Could someone please assist in drafting a demand notice in this situation?

From India, Mumbai
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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 were the funds transferred?

d) Who drafted the sales agreement? Was it drafted by the lawyer? Was it made without taking the 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
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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
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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 shouldn't be done without understanding all the facts and circumstances of the case.

From India, Mumbai
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