LEGAL NOTICE DEMANDING REFUND — COMMERCIAL UNIT

A buyer's demand for the refund of amounts paid towards a commercial unit, with interest, once the booking or allotment has been cancelled and the Builder has not paid the refund.

Date: __________

TO:
__________, __________
__________

FROM:
__________, __________
__________

SUBJECT: Refund of the amount paid towards the Unit described below, following cancellation of the booking/allotment, together with interest, and demand for payment within __________ days of receipt of this notice.

Dear Sir / Madam,

1. THE PARTIES AND THE BOOKING

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

1.2 The Unit was booked under __________, dated __________ ("the Agreement"), in respect of the project known as __________.

2. THE UNIT

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

3. THE CANCELLATION AND THE BASIS FOR THE REFUND

3.1 __________

3.2 __________

4. THE AMOUNT PAID

4.1 The total amount paid by the Buyer to the Builder towards the Unit, as on the date of this notice, is __________, made up as follows: __________

5. DEDUCTION

5.1 __________

6. INTEREST ON THE DELAYED REFUND

6.1 __________

6.2 __________

7. THE DEMAND

7.1 The Buyer hereby calls upon the Builder to pay __________, together with the interest stated in Clause 6, within __________ days of receipt of this notice.

8. IF THE BUILDER DOES NOT COMPLY

8.1 If the Builder fails to comply with the demand made in Clause 7 within the period stated, the Buyer reserves the right, without further notice beyond what the law requires, to pursue recovery of the amount demanded, together with interest and the costs of these proceedings —
(a) before the Real Estate Regulatory Authority having jurisdiction over the project, under Section 31 of the Real Estate (Regulation and Development) Act, 2016, where the project is registered under that Act;
(b) before the appropriate Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019, as a complaint of deficiency in service; or
(c) by a civil suit for recovery of money,
at the Buyer's election, and to pursue every other right and remedy available under the Agreement, under the booking terms, and otherwise in law.

8.2 This notice is confined to the demand made in Clause 7. Nothing in it waives any right or remedy of the Buyer under the Agreement, the booking terms, or under law, all of which are expressly reserved.

9. NO WAIVER

9.1 Nothing in this notice, no acceptance by the Buyer of any part payment, 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.

10. SERVICE OF THIS NOTICE

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

10.2 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.

11. GOVERNING LAW AND JURISDICTION

11.1 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, and to the jurisdiction conferred by the Consumer Protection Act, 2019 on the Consumer Disputes Redressal Commissions, the courts at __________ will have jurisdiction.

12. REPLY

12.1 Please acknowledge receipt of this notice in writing and confirm payment 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: __________