| Address: Gautam Buddh Nagar, Uttar Pradesh |
To
1. Legal Department, Supertech Limited
2. CRM Department, Supertech Limited
3. Mohit Arora, Director, Supertech
By way of an introduction, I am Srijit Mukherjee, Advocate and am the Transferee of Capetown Noida Unit No. R026CG41501 (hereinafter referred to as the “Unit”), along with my wife Mrs. Priyanka Laik from Mrs. Kumi Das, Mr. Dhrupad Das and Ms. Shreya Das (collectively referred to as the “Transferor”), who were originally allotted the said Unit vide the original allotment letter dated 2-May-2011 (the “Original Allotment Letter”).
1. That the Transferor agreed to transfer the said Unit to the Transferee at a mutually agreed consideration and on the same terms and conditions as specified in the Original Allotment Letter issued to the Transferor by Supertech.
2. That in order to complete the transfer of the said Unit from the Transferor to the Transferee, Supertech instructed to execute a Memorandum o[censored]nderstanding in the format prescribed by Supertech, which was executed by the Transferor and the Transferee on 29-Oct-2014 (the “MOU”).
3. That Supertech further instructed an undertaking to be furnished by the Transferee in the format prescribed by Supertech, which was furnished by the Transferee on 29-Oct-2014 (the “Undertaking”).
4. That on the basis of the above documentation requested by Supertech and provided by the Transferee and clearance of all outstanding dues with respect to the said Unit until the date of the transfer, Supertech issued a duly signed by authorized signatory and stamped No Objection Certificate with respect to the transfer of the said Unit (the “NOC”). The NOC clearly stated that Supertech has “no objection” in the transfer of ownership from the Transferor to the Transferee.
5. That Supertech issued a Provisional Allotment Transfer Form duly stamped and signed by its authorized signatory from their CRM Department, Mr. Raj Mangal Singh on 24-Jan-2015 (the “Provisional Allotment Transfer Form”). The title and name of this document itself shows it is a transfer and not a fresh booking.
6. That on 31-Jan-2015, Supertech approached the Transferee for issuance of the endorsed allotment letter in favour of the Transferee to reflect the completion of the transfer of allotment process in relation to the said Unit.
7. That the Transferee was shockingly surprised to see that the terms and conditions with respect to the possession date of the said Unit has been altered from what was originally stated in the Original Allotment Letter. The Original Allotment Letter clearly stated in the section relating to the possession of the Unit the possession date to be that of October 2013. The same clause also has a compensation provision in case of a delay in possession effective post 6 months of grace period from the original possession date at the rate of Rs.5.00 psft per month to be paid by Supertech until actual possession. However, in the endorsed allotment letter draft provided by Supertech to the Transferee for signature, the said provision relating to the original possession date of the said Unit has been altered to March 2016, clearly indicating the mala fide intention and unethical practice of Supertech to evade the compensation accrued on account of delay in possession since the possession date of October 2013 as specified in the Original Allotment Letter. This compensation is a contractual and legal right of the Transferor which has now transferred to the Transferee vide the transfer process for the said Unit and issuance of the Provisional Allotment Transform Form by Supertech.
8. That Supertech needs to understand that this action on its part is completely illegal on the face of it due to the reason that the present situation of transfer of the said Unit from the Transferor to the Transferee is not a fresh booking to materially change the terms and conditions of the Original Allotment Letter, but a transfer of all rights and liabilities of the Transferor to the Transferee. The only thing that changes in the allotment letter is the name and address of the allottee and nothing more. All other terms and conditions of the Original Allotment Letter remain the same. This fact is further confirmed by the MOU, the Undertaking and the Provisional Allotment Transfer Form, all of which documents clearly state that this is a transfer of allotment and these documents are prescribed formats of Supertech only.
9. That it is worth noting the a few provisions of the MOU and the Undertaking which go on to corroborate and show that the present situation is a transfer of allotment with original terms and conditions of the Original Allotment Letter and not a fresh booking to materially change the terms and conditions of the Original Allotment Letter. Clause 1 of the MOU states: “That the Transferor is transferring his / her all rights in the above mentioned said property in favour of the Buyer because of his / her personal reasons and without any undue pressure, force or favour from any quarter in any manner whatsoever. The Transferor has taken the consent of his / her co applicant Mr. Dhrupad Das & Ms. Shreya Das, if any, to transfer his / her booked unit to Mr. Srijit Mukherjee & Mrs. Priyanka Laik."
10. That this action on the part of Supertech to arbitrarily alter the terms and conditions of the Original Allotment Letter is illegal, unethical, malicious, mala fide and full of mal intention to evade the accrued compensation payable by Supertech on account of delay in possession since October 2013.
That in addition to the above malpractice indulged into by Supertech, I want to bring to the notice of the top management of Supertech that the conduct of the officials of Supertech is highly unprofessional, unethical and unlike human beings. Specifically if I am to refer to one Mr. Suman Kumar, supposedly a Senior Manager, who did not have time to speak to me regarding the matter, however, had loads of hours talking to his friend over the phone. I want to ask the top management if these unscrupulous people have been employed by Supertech to cater to customer relations or for any other purpose especially harassing the customers.
That I would demand a prompt investigation into the aforementioned matter by the top management of Supertech within a week’s time from the date of this notice, else I shall have no other alternative than to route for resolution through appropriate legal recourse.
For any clarification, ask your legal department to contact me via email, letter or phone.
Kindly treat this as my final notice, post which I shall take up this matter in the court and social media.
Regards
Srijit Mukherjee, Advocate
High Court of Judicature at Allahabad
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