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:
__________, __________
__________

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.

2. THE UNIT

3. THE PROMISED POSSESSION DATE AND THE DELAY

4. THE BASIS FOR COMPENSATION OR REFUND

5. THE DEMAND

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

10. REPLY

Yours faithfully,

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: __________