LEGAL NOTICE
DATE: Date of the legal notice
To,
MR. Addressee's name
Proprietor
M/S. Addressee's firm name
Having office at Addressee's office address
Mob. No. Addressee's mobile number
Email: Addressee's email address
WITHOUT PREJUDICE
SUB: LEGAL NOTICE DEMANDING REFUND OF Amount paid and sought to be refunded ALONG WITH INTEREST @ Rate of interest per annum PER ANNUM, DAMAGES FOR LOSS OF BUSINESS WORTH Damages for loss of business AND CONSEQUENTIAL LOSSES OF Consequential losses and operational disruption, FOR CONTINUED VIOLATIONS OF YOUR OBLIGATIONS UNDER THE LAW.
Dear Sir,
Under instructions from and on behalf of my client, Client company's name, having its registered office at Client company's registered office address (hereinafter referred to as "my client"), I hereby serve upon you, the addressee, the following legal notice.
Please take notice that this letter constitutes a formal legal notice of default served upon you, the addressee, calling upon you to refund the amount paid by my client, together with damages for loss of business, consequential losses and interest @ Rate of interest per annum per annum, along with other reliefs, in respect of your continued violations of your obligations under the law. Despite several attempts to resolve the matter amicably, my client has been left with no option but to initiate legal action to recover what is rightfully due to it.
This notice is issued without prejudice to my client's rights and contentions, and without waiving any right, remedy or recourse available to my client in law or in equity. I hereby serve upon you, the addressee, the present legal notice, which is as under:-
1.That on Date of placing the order, my client placed an order with your representative, Addressee's representative's name, for a Description of the machine ordered, incorporating a filling capacity of 5-30 ml and a production speed of 50 pieces per minute. The machine was to include a tank and a conduction sealing system.
2.That the technical discussions and negotiations between the parties culminated in an agreement for the supply of the machine for a total consideration of Total agreed consideration for the machine. It was further mutually agreed that delivery would be completed within Agreed delivery period from the date of payment of the advance. My client promptly paid an advance of Advance payment amount on the same date, i.e., Date of placing the order, to you, the addressee.
3.That upon receiving confirmation from your end regarding the readiness and proper functioning of the machine, my client, in good faith, paid an additional sum of Additional payment made after confirmation.
4.That on Date of dispatch of the machine, the machine was dispatched, and upon its receipt, a further sum of Payment made on receipt of the machine was transferred to you, the addressee. Despite repeated follow-ups, the installation of the machine was delayed, and you, the addressee, demanded a further payment of Payment demanded as precondition for installation as a precondition to sending an engineer for installation.
5.That my client, relying upon the assurances of you, the addressee, transferred the said amount on Date of final payment towards installation, thereby taking the total payment made by my client to Amount paid and sought to be refunded. Upon installation, the machine failed to function in accordance with the agreed specifications, in particular:
•Wrong machine supplied: The machine delivered was a straight filling machine instead of the agreed turntable model.
•Change in sealing system: The machine supplied used induction sealing instead of the conduction sealing as agreed.
•Inferior quality of tank and labelling machine: The equipment supplied was not in compliance with the technical specifications discussed and confirmed between the parties.
These grave discrepancies amount to a breach of contract with my client and a complete non-performance of your obligations under the agreement.
6.That you, the addressee, assured my client that the defective equipment would either be replaced or rectified within Agreed period for replacement or rectification. However, despite repeated follow-ups and numerous reminders, no action whatsoever has been taken to resolve my client's grievance regarding the wrong machine supplied to it.
7.That you, the addressee, and your representative have since become unresponsive, failing to acknowledge calls or respond to messages, which demonstrates mala fide intentions and amounts to fraudulent conduct on your part. You, the addressee, have consistently delayed and evaded the matter, offering unjustifiable excuses and assurances of replacement of the wrong machine or refund of the amount, without any concrete action.
8.That it is imperative to highlight that the non-replacement of the wrong machine constitutes a breach of the mutual agreement between you and my client. This breach has caused significant financial hardship and mental distress to my client. Despite the clear and mutually agreed terms of payment, you have failed to fulfil your obligations, thereby breaching the trust and agreement subsisting between yourself and my client.
9.That it appears that your intentions are not clean and bona fide, and that you have cheated and deceived my client in this regard. From your conduct, it is evident that your sole intention was to cheat my client, thereby causing wrongful gain to yourself and wrongful loss to my client. You, the addressee, are also liable to criminal action for cheating my client, for which my client shall proceed against you, the addressee, in accordance with law, as advised.
10.That despite numerous requests and reminders made by my client, you, the addressee, acting with mischievous and mala fide intent from the very outset, have repudiated my client's requests for replacement of the wrongly supplied machine or for refund of the payment made by my client.
11.That till date, my client has been made to suffer huge financial losses, including loss of business and opportunities, which has caused severe hardships to my client, for which you, the addressee, are severely and legally liable.
12.That due to your gross negligence, misrepresentation and breach of trust, my client has suffered a loss of business worth Damages for loss of business, owing to its inability to meet the requirements of the end customer, as the machine supplied was entirely unfit for the intended purpose. Further, my client's entire project has remained stalled for several months, resulting in substantial operational disruption and financial losses amounting to Consequential losses and operational disruption. Additional costs have been incurred on account of the rented space occupied by the non-functional machine. Your conduct has not only caused significant financial strain but has also damaged my client's reputation in the market owing to its inability to fulfil its contractual commitments.
13.That my client has given you, the addressee, more than adequate time to replace the defective machine or to refund the amount, and your silence can only be interpreted as a deliberate attempt to procrastinate the matter. My client is no longer prepared to tolerate this situation and has instructed me to initiate appropriate proceedings against you, the addressee, for recovery of the said amount along with interest, in addition to filing criminal case(s) against the unlawful acts committed by you, the addressee.
In view of the aforementioned facts and circumstances, my client hereby makes the following legitimate and unequivocal demands:
i.Refund the entire sum of Amount paid and sought to be refunded paid to you, along with interest at the rate of Rate of interest per annum per annum from the date of each payment until full realisation; and
ii.Pay damages for loss of business opportunity amounting to Damages for loss of business; and
iii.Compensate my client for consequential losses, operational disruption and rental costs amounting to Consequential losses and operational disruption; and
iv.Replace the defective machine with one that fully complies with the agreed specifications, including a turntable model with the agreed sealing system, as originally promised; and
v.Pay Cost of the legal notice towards the cost of this legal notice and any other incidental expenses incurred on account of your non-performance.
OR
i.Be prepared to face legal action, both civil and criminal, before the court of law for the recovery of the said amount as aforesaid, and also damages on account of the loss of business, reputation and mental harassment caused to my client.
We call upon you to respond to this legal notice within 15 (Fifteen) calendar days from the date of its delivery to you, failing which my client shall be constrained to initiate appropriate legal proceedings at your sole risk, cost and consequences.
A copy of this legal notice is retained in my office for future reference and necessary action.
Yours faithfully,
(Advocate's name)
Advocate