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:
__________, __________
__________

Dear Sir / Madam,

1. THE PARTIES AND THE BOOKING

2. THE UNIT

3. THE CANCELLATION AND THE BASIS FOR THE REFUND

4. THE AMOUNT PAID

5. DEDUCTION

6. INTEREST ON THE DELAYED REFUND

7. THE DEMAND

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

12. 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: __________