MUMBAI.

1411, 14TH Floor, MAGIC SQUARE

MALAD EAST, MUMBAI,
MAHARASTRA- 400097

Vandan Kumar
MOB | +91 (0) 9326366062
(BBA, MBA, LLB)
Email- [email protected]
Advocate & Legal consultant

Ref No.– Notice/ 04-2025-213 Date 19/04/2025

LEGAL NOTICE
(Through Registered Post A.D. / Speed Post/ Mail)

TO,
1. NEELKAMAL REALTORS SUBURBAN PVT. LTD.
(The Promoter/Developers)
Email: [email protected]/ Website: www.dbrealty.co.in

Address-
Office Address: DB House,
Gen. A. K. Vaidya Marg,
Goregaon (East),
Mumbai- 400063.
Tel: 91-022-40778600

SUB.-Registration, Possession and Compensation in respect of Flat

No.0108, 001 Floor, DB Ozone-17 at your Project “DB Ozone”.
RERA REGISTRATION No. P51700003433.

Sir,
I am Advocate of Mrs. Chaman Singh, Female, aged 59 Years, W/O Sushil Singh,
Aadhar Card No. 4685-6108-5711 (Hereinafter referred to as “MY CLIENT”); having
address at 4B/404, New Mhada Versova, Skylark Towers CHS. LTD, Near Lokhandwala
Circle, Andheri (West), Mumbai-400053, Maharashtra. I am hereby addressing this
present Demand Legal Notice to you with the following unequivocal terms: -

1. That, my client states that she was planning to purchase a 1BHK flat in the

vicinity of Mira Road, a bustling suburb and eyeing some affordable,

trustworthy, feasible ongoing housing projects in the year 2009.

1|Page MAHARASTRA AND GOA

Vandan Kumar
(BBA, MBA, LLB)
Advocate & Legal consultant

2. That, during the search she came across your newly ongoing housing Project

Known as ““DB Ozone”, under MahaRera Registration No.

P51700003433, having address at Mahajanwadi (Golden Chemical

Compound), Western Express Highway, Mira Road (East), District- Thane,

State- Maharashtra.; (Hereinafter referred to as “The Said Project”).

3. That, during the course of meeting had with you / your representative, you/

your representative had explained my client about the project, its location,

amenities, plan, payment schedule and a commitment of timely possession

in 3 years and various other benefits in flowery language and insisted her to

book a flat. My client relied upon your representation and decided to book a

1BHK Flat No. 0108 on 1st floor admeasuring 407.53 Sq Ft. Carpet area in

building 17, in your said project ““DB Ozone” situated at Off Western

Express Highway, Dahisar East, Mumbai; (Hereinafter referred to as “The

Said Flat”).

4. That, further to the due discussion had between both the parties, The Total

consideration of the Flat was Finalized to Rs. 17,66,772/- (Rupees

Seventeen Lakhs Sixty-Six Thousand Seven Hundred and Seventy-Two Only).

Subsequently you issued Allotment letter

Vandan Kumar
(BBA, MBA, LLB)
Advocate & Legal consultant

2|Page MAHARASTRA AND GOA

 dated 17.04.2009 which consist of payment schedule. Annexed herewith

and marked as EXHIBIT- “A” is copy of allotment letter.

5. That, as per terms of Allotment Letter dated 17.04.2009, Rs 1,76,677/-

(Rupees One Lakh Seventy-Six Thousand Six Hundred and Seventy-Seven

only) was paid instantly by my client to you which is 10% of total

consideration / Earnest Money Deposit vide Cheque Nos: 632314 & 632318

respectively, drawn on Punjab National Bank. The balance amount was

payable to you as per further work progress and subsequent schedule of

Payment as stated in EXHIBIT- “A” within 10 days from date of intimation by

you to my client.

6. That, adhering to the terms of Payment and as per the agreement dated

17/04/2009 my client had agreed upon and obliged with the terms and

conditions as prescribed by you, AND made total payment of Rs. 15,49,088

(Fifteen lakh forty-nine thousand and eighty-eight only) between Apr.2009 to

Apr.2013 as and when demanded, sometimes inclusive of some interest in

case of delay. Annexed herewith and marked as EXHIBIT- “B” is

Annexure-1 consist of total payment made vide cheque No. and date.

Vandan Kumar
(BBA, MBA, LLB)
Advocate & Legal consultant

7. That, this is pertinent to mention that My client had made PAYMENT OF

MORE THAN 85% OF THE CONSIDERATION MONEY as and when

demanded by you, but you failed to Register the said flat even after various

3|Page MAHARASTRA AND GOA

 follow-up by my client. It is obligatory duty of the developer within provision

of MahaRERA that dictates a developer must register the flat after receiving

10% of the purchase price as per Section 13 (2) of the Maharashtra Real

Estate (Regulation and Development) Act, 2016. This section mandates

that the developer must enter into a written Agreement for Sale with the

allottee and register the agreement before accepting more than 10% of the

property's cost as an advance payment.

8. That, Inspite of paying a substantial amount of her hard earned money as

mentioned above, you failed to deliver the possession of the Said Flat and

failed to fulfill the performance of the contract agreed between you and my

client on time.

9. That, post 2013 you communicated the said project was stalled and

construction was halted due to lack of funds & construction material i.e.

sand, iron etc. Again You had promised to deliver the said property after a

delayed deadline but still failed.

Vandan Kumar
(BBA, MBA, LLB)
Advocate & Legal consultant
10. That, even after continuous follow ups and running pillar to post no

purposeful communication or any concrete intimation was received from

your end.

11. That despite repeated follow-ups and personal visits to your office up to the

year 2016, my client did not receive any intimation regarding registration or

possession. It is pertinent to mention that the construction of the project was

4|Page MAHARASTRA AND GOA
 delayed significantly due to internal and legal issues, which were well within

your knowledge.

12. That thereafter, the project came to a standstill for several years, reportedly

due to disputes concerning land ownership and orders issued by the Office of

the Custodian of Enemy Property and other regulatory authorities. My client,

under the assumption that the matter was sub judice and no progress was

being made, awaited further developments.

13. To my client's utter shock and dismay, it has now come to our notice While

visited last month at project that the said Flat No. 108 has been illegally

sold/allocated to a third party without the knowledge, consent, or lawful

cancellation of my client’s original allotment. This act amounts to breach of

contract, fraud, and unjust enrichment, and is liable to be challenged before

appropriate legal forums.

Vandan Kumar
(BBA, MBA, LLB)
Advocate & Legal consultant

14. My client continues to be the rightful allottee of the said flat and is still

willing and financially capable to pay any remaining dues, subject to proper

accounting and adjustment against delays, interests, and damages.

15. That, my client’s worst fears came true when she was enlightened like other

homebuyers in the said project that the developer has been bombarded,

maligned with countless legal suits before various courts & tribunals and is

ensuing a long legal battle.

5|Page MAHARASTRA AND GOA

16. That, my client is very much drained holistically and feels duped because of

this breach of contract from your end. You promised on several occasion but

failed to discharge your lawful liability. This is a complete violation of law as

per provision of Section 18 of “The Real Estate (Regulation and

Development) Act.2016”, which states that: -

i. If the promoter fails to complete or is unable to give possession of an

apartment, plot or building (a) in accordance with the terms of the
agreement for sale or, as the case may be, duly completed by the date
specified therein; or

ii. he shall be liable on demand to the allottees, in case the allottee

wishes to withdraw from the project, without prejudice to any other
remedy available, to return the amount received by him in respect of
that apartment, plot, building, as the case

Vandan Kumar
(BBA, MBA, LLB)
Advocate & Legal consultant
may be, with interest at such rate as may be prescribed in this behalf

including compensation in the manner as provided under this act.

17. That, my client is also entitled to claim the Interest due to you under

Section 18 of the Real Estate (Regulation and Development) Act, 2016

(RERA), which states that an allottee can claim interest from the promoter if

the promoter is unable to provide possession of the property. The refund

includes interest and compensation as prescribed by the Act.

18. It is a paramount duty and obligation of promoter refund and pay

compensation as per Sec.12 of “The Real Estate (Regulation and

Development) Act 2016” which says “Where any person makes an

6|Page MAHARASTRA AND GOA
 advance or a deposit on the basis of the information contained in the notice

advertisement or prospectus, or on the basis of any model apartment, plot or

building, as the case may be, and sustains any loss or damage by reason of

any incorrect, false statement included therein, he shall be compensated by

the promoter in the manner as provided under this Act:”

Vandan Kumar
(BBA, MBA, LLB)
Advocate & Legal consultant
19. That, you have also violated the law as per sections 12,14 and various

provisions of “The Maharashtra Ownership Flats (Regulation of the

Promotion of Construction, Sale, Management and Transfer) Act,

1963 (MOFA)”, as per the allotment letter dated 17/04/2009.

20. That, my client hereby serves Legal Demand notice of 15 Days and

Demanded as follows: -

a) Register the “Said flat” and provide the peaceful possession at the

earliest subsequent to cancellation of illegal registration of said flat to

third party.

b) OR, my client hereby agreed to co-operate in a way if the said flat is

not available, you may register the other flat of same area in building

No.17 OR demands you to pay an Amount of Rs.75,00,000 (Rupees

Seventy-five lakhs only) as current cost of the flat along with

compensation, since you failed to Provide the Possession of the Flat as

per committed schedule and in lieu of your letter dated 17.04.2009;

7|Page MAHARASTRA AND GOA

 c) That, on the basis of facts and circumstances mentioned above my
client demands Rs.75,00,000 (Rupees Seventy-Five Lakhs only) up to
31.03.2025 plus 9% interest up to realization of possession of flat.

Vandan Kumar
(BBA, MBA, LLB)
Advocate & Legal consultant

As per the above mentioned facts, my client hereby serves upon you this Legal

Demand Notice to fulfil the demand as per PARA.20 (a) or (b) and (c) and expects a

concrete response within the timeline of not more than 15 days to compensate the

damages incurred by my client. Failing to respond, my client is compelled to take all

the necessary legal action against your company and to file a suite under section

31 of The Real Estate (Regulation and Development) Act 2016, section 8 of The

MOFA (Maharashtra Ownership Flats) Act, 1963 and other Civil, Criminal remedies

available as prescribed by law.

You are also liable to pay a sum of Rs. 10,000/- towards charges for the present Legal
Notice.

Date 19.04.2025
Place: Mumbai.

Thank you in anticipation.

Advocate for the complainant

ADV. VANDAN KUMAR

1411, 14TH FLOOR, MAGIC SQUARE PODDAR ROAD,
MALAD EAST
MUMBAI 400097 MOBILE-9326366062,
Email- [email protected]

8|Page MAHARASTRA AND GOA

Vandan Kumar
(BBA, MBA, LLB)
Advocate & Legal consultant

ANNEXTURE- 01

FLAT NO- 0108 - 1BHK

BUILDING NO.17

Sr. Receipt
# Description Cheque No No Date Amount RS.
1 Flat Cost 17,66,772
2 Payment
00042
632314 2 17.04.2009 1,00,000
00407
632318 6 19.05.2009 76,677
270543 6261 26.06.2009 1,00,000
271042 20379 18.07.2009 76,670
270546 16345 12.08.2010 53,010
270547 18992 02.07.2011 53,003
367562 27910 27.08.2011 71,207
415726 9632 06.02.2012 53,003
415727 9657 06.02.2012 3,276
482071 33047 29.03.2012 1,07,903
482073 4104 29.03.2012 4,202
482075 5704 17.04.2012 53,003
415757 12500 30.06.2012 53,003
415731 18359 12.07.2012 54,000
415730 14921 31.07.2012 53,552
415752 10993 06.11.2012 4,984
415755 10530 06.11.2012 53,003
415756 11947 06.11.2012 1638
415751 10516 06.12.2012 1,60,046
415736 23572 18.02.2013 1,08,500
415737 23532 18.02.2013 131
415738 27301 14.04.2013 52,140
Total
Payment 15,49,088

9|Page MAHARASTRA AND GOA