LEGAL NOTICE FOR POSSESSION DELAY — COMMERCIAL UNIT

A demand for possession with compensation, or for refund with interest, over delay in handing over a commercial unit under Section 18 of the Real Estate (Regulation and Development) Act, 2016.

Date: __________

TO:
__________, __________
__________

FROM:
__________, __________
__________

SUBJECT: Delay in handing over possession of the Unit described below, beyond the date promised under the Agreement, and demand for compliance within __________ days of receipt of this notice.

Dear Sir / Madam,

1. THE PARTIES AND THE AGREEMENT

1.1 __________ ("the Buyer") is the allottee of the commercial unit described in Clause 2 ("the Unit"), which the Buyer purchased from __________ ("the Builder"), the promoter and developer of the project in which the Unit is situated.

1.2 The Unit was purchased under __________, dated __________ ("the Agreement"), entered into between the Buyer and the Builder in respect of the project known as __________.

2. THE UNIT

2.1 The Unit is __________, more particularly described as follows: __________, situated in __________.

3. THE PROMISED POSSESSION DATE AND THE DELAY

3.1 Under the Agreement, the Builder undertook to hand over possession of the Unit, complete in all respects, on or before __________ ("the Promised Possession Date").

3.2 As on the date of this notice, possession of the Unit has not been offered or handed over to the Buyer. The delay, reckoned from the Promised Possession Date to the date of this notice, is __________, and continues.

4. THE BASIS FOR COMPENSATION OR REFUND

4.1 __________

5. THE DEMAND

5.1 The Buyer hereby calls upon the Builder to, within __________ days of receipt of this notice, __________.

6. IF THE BUILDER DOES NOT COMPLY

6.1 If the Builder fails to comply with the demand made in Clause 5 within the period stated, the Buyer reserves the right, without further notice beyond what the law requires, to file a complaint against the Builder before the Real Estate Regulatory Authority having jurisdiction over the project, under Section 31 of the Real Estate (Regulation and Development) Act, 2016, and to pursue every other right and remedy available under the Agreement, under that Act, and otherwise in law.

6.2 This notice is confined to the demand made in Clause 5. It does not, by itself, cancel the Agreement, and nothing in it waives any right or remedy of the Buyer under the Agreement or under law, all of which are expressly reserved.

7. NO WAIVER

7.1 Nothing in this notice, no acceptance by the Buyer of any part payment, of possession under protest, or of any other performance by the Builder, and no forbearance or delay on the Buyer's part, shall amount to a waiver of this notice or of any right or remedy of the Buyer, unless the Buyer agrees otherwise in a writing signed by or on behalf of the Buyer and expressly referring to this notice.

8. SERVICE OF THIS NOTICE

8.1 This notice is in writing and is signed by or on behalf of the Buyer. It is served __________.

8.2 A notice properly addressed, pre-paid and posted is presumed to have been served in the ordinary course of post: Section 27 of the General Clauses Act, 1897, read with the presumption that official acts have been regularly performed — Illustration (f) to Section 114 of the Indian Evidence Act, 1872, now Section 119(f) of the Bharatiya Sakshya Adhiniyam, 2023. Refusal to accept delivery will be treated as good service.

9. GOVERNING LAW AND JURISDICTION

9.1 This notice and the Agreement to which it relates are governed by the laws of India. Subject to the exclusive jurisdiction conferred by the Real Estate (Regulation and Development) Act, 2016 on the Real Estate Regulatory Authority and the Real Estate Appellate Tribunal, the courts at __________ will have jurisdiction.

10. REPLY

10.1 Please acknowledge receipt of this notice in writing and confirm your compliance within the period stated above.

Yours faithfully,

_____________________________
__________
Buyer
__________
Date: __________

ACKNOWLEDGEMENT OF RECEIPT (for use where this notice is delivered by hand)

Received a copy of the above notice dated __________ for and on behalf of __________.

Name: _________________ Designation: _________________

Signature: _________________ Date: ____________

Seal / stamp of the Builder:

CERTIFICATE OF AFFIXTURE (for use only where personal tender or delivery is not practicable)

A copy of the above notice dated __________ was affixed to a conspicuous part of the Builder's office described above on ____________ at _______ a.m./p.m., personal tender or delivery to __________ not being practicable, in the presence of the witnesses named below.

Person affixing — Name: _________________ Signature: _________________

Witness 1 — Name and address: ______________________ Signature: __________

Witness 2 — Name and address: ______________________ Signature: __________