Legal notices for recovery of sub-contract dues from construction contractors
0 of 45 blanks filled
REGD. POST/WHATSAPP/E-MAIL
To,Dated: Date of first notice
1. First addressee's name
Mob. No. First addressee's mobile number (WhatsApp)
Email: First addressee's email address
2. Second addressee's name
Mob. No. Second addressee's mobile number (WhatsApp)
3. Sh. Third addressee's name
Third addressee's address
Mob. No. Third addressee's mobile number
LEGAL NOTICE
Sirs,
Under the instructions from and on behalf of my client, Sh. Client's name, S/o Sh. Client's father's name, R/o Client's address, I have to serve upon you the following legal notice:
1.That you, the Addressees No. 1 and 2, and my client have had business relations with each other since Year business relations began in the field of construction. You, the Addressees No. 1 and 2, are construction contractors who take out contracts for construction work, and thereafter appointed my client as a sub-contractor for the completion of such construction work.
2.That you, the Addressee No. 3, awarded to you, the Addressees No. 1 and 2, the contract for construction of Description of construction project, namely M/s Name of shop/business. Thereafter, in Year sub-contract was awarded, you, the Addressees No. 1 and 2, approached my client and appointed him as sub-contractor for the completion of the POP, ceiling and partition works, etc., of the shop of you, the Addressee No. 3 (hereinafter referred to as the "said work").
3.That you, the Addressees No. 1 and 2, gave numerous positive assurances and representations to my client that payment would be released in a timely manner upon completion of the said work, and further assured my client that, in the event of any delay in payment of the amount due, you, the Addressees No. 1 and 2, would be under an obligation to pay interest at 18% per annum on the outstanding amount. In light of the said mutually accepted terms and conditions, my client commenced the said work for construction of the said shop, spending his hard-earned money, and completed the said work, i.e., POP, ceiling and partition, within the stipulated time frame, at a total cost of Rs. Total cost of first work (₹)/-.
4.That upon my client's requests for payment of the amount due, you, the Addressee No. 1, paid only Rs. Amount already paid under first work (₹)/- to my client, leaving a balance of Rs. Outstanding balance under first work (₹)/- outstanding against you, the Addressees No. 1 and 2. The said cost of work and the payments made were duly accepted and acknowledged by you, the Addressees No. 1 and 2, as is evident from the WhatsApp conversations/chats as well as audio recordings.
5.That it has come to the knowledge of my client that you, the Addressees No. 1 and 2, have received the entire amount from you, the Addressee No. 3, but till date you have not cared to clear the said outstanding amount, despite the repeated requests and calls made by my client to you, the Addressees No. 1 and 2.
6.That, subsequent to the said work, my client contacted you, the Addressees No. 1 and 2, on numerous occasions requesting payment of the amount due to my client; however, you, the Addressees No. 1 and 2, kept putting the matter off on one pretext or another for the purpose of delaying payment of the amount due to my client. It is pertinent to mention that it was to the utter shock of my client that, despite the fact that my client had carried out the said work of the utmost quality for you, the Addressee No. 3, against which you, the Addressees No. 1 and 2, had assured my client that the payment due shall be paid/remitted by you, the Addressees No. 1 and 2, to my client in accordance with the terms and conditions mutually decided between the parties, you, the Addressees No. 1 and 2, by one means or another, continued to delay and avoid payment of the amount due to my client.
7.That it appears that your intentions are not clean and bona fide, and that you have fraudulently entered into the said contract with my client with a view to cheating him, having induced my client in this regard and thereby deceived him.
8.That from your conduct, it is abundantly clear that your sole intention was to cheat my client by fraudulently inducing him and usurping his money, thereby causing wrongful gain to yourselves and wrongful loss to my client. You took no steps to proceed further with the transaction. You, the Addressees No. 1 and 2, are also liable to criminal action for cheating my client, for which my client shall proceed against you both in accordance with law, as advised.
9.That despite numerous requests made by my client, you, the Addressees No. 1 and 2, having had mischievous and malafide intent from the very start, have repudiated the requests of my client seeking payment of the Due Amount.
10.That till date, my client has made numerous attempts to contact you, the Addressees No. 1 and 2, in every possible manner, with a view to amicably settling the matter. You, the Addressees No. 1 and 2, have duly admitted your default in paying the amount due and made false assurances that the said amount would be released soon; however, such assurances were never fulfilled and the said amount was never released or paid to my client. Your malafide conduct demonstrates that you, the Addressees No. 1 and 2, never had any intention, from the very start, of paying the Due Amount to my client.
11.That my client has given you, the Addressees No. 1 and 2, more than adequate time to liquidate the outstanding dues, and my client interprets your silence as a deliberate attempt to procrastinate the matter. My client is no longer prepared to bear with the situation and has instructed me to initiate appropriate proceedings against you, the Addressees No. 1 and 2, for recovery of the said Due Amount along with interest, in addition to the filing of criminal case(s) against the unlawful acts being committed by you, the Addressees No. 1 and 2.
Therefore, as per the information provided by my client, an amount of Rs. Total amount due under first notice (₹)/- (INR Total amount due under first notice (in words) only) is due and payable by you, the Addressees No. 1 and 2, to my client, along with interest payable @ 18% per annum on the amount due; and your failure to pay the said Due Amount entitles my client to claim additional interest, in addition to any legal costs that may arise as a result of pursuing my client's grievances before a court of law owing to your default in making payment in a timely manner.
We therefore call upon you, the Addressees No. 1 and 2, to remedy the default and:
a.To clear the balance outstanding amount of Rs. Outstanding balance demanded in first notice (₹)/- (INR Outstanding balance demanded in first notice (₹)), along with interest payable up to the date of payment; and
b.To pay INR Damages for mental harassment claimed in first notice (₹)/- (Damages amount in first notice (in words)) as damages on account of mental harassment.
c.To pay Rs. Cost of first legal notice (₹)/- towards the cost of this legal notice.
OR
d.To prepare to face legal action, both civil and criminal, in a court of law for the aforementioned recovery of the Due Amount, and also for damages on account of the mental harassment caused to my client.
We await your prompt response to this legal notice within 15 (Fifteen) calendar days from the date of delivery of this legal notice.
A copy of this notice is being retained in my office for future reference and action.
Yours faithfully,
(Advocate's name (first notice))
Advocate
REGD. POST/WHATSAPP
To,Dated: Date of second notice
Mr. Addressee's name (second notice)
Mob. No. Addressee's mobile number (second notice) / Addressee's alternate mobile number (second notice)
LEGAL NOTICE
Sir,
Under the instructions from and on behalf of my client, Sh. Client's name (second notice) Client's surname (second notice), S/o Sh. Client's father's name (second notice), R/o Client's address (second notice), I have to serve upon you the following legal notice:
1.That you, the Addressee, and my client have had business relations with each other since Year business relations began in the field of construction. You, the Addressee, are a construction contractor who takes out contracts for construction work, and thereafter appointed my client as a sub-contractor for the completion of such construction work.
2.That you, the addressee, in the year Year sub-contract was awarded (second notice) approached my client and engaged him as a sub-contractor for the completion of construction work, namely framework and ceiling work as well as labour supply, etc. (hereinafter referred to as the "said work") at Location of said tower (hereinafter referred to as the "said Tower").
3.That you, the addressee, gave numerous positive assurances and representations to my client that payment would be released in a timely manner upon completion of the said work, and further assured my client that, in the event of any delay in payment of the amount due, you, the addressee, would be under an obligation to pay interest at 18% per annum on the outstanding amount. In reliance upon the said mutually accepted terms and conditions, my client commenced the said work at the said Tower, spending his hard-earned money, and completed the said work, namely the framework and ceiling work as well as the supply of labour, within the agreed time frame, at a total cost of Rs.Total cost of second work (₹)/-.
4.That upon my client's requests for payment of the amount due, you, the addressee, paid only Rs.Amount already paid under second work (₹)/- to my client, leaving a balance of Rs.Outstanding balance under second work (₹)/- outstanding against you, the addressee. The said cost of the work and the payments made were duly accepted and acknowledged by you, the addressee, which is evident from the WhatsApp conversations/chats as well as audio recordings.
5.That it has come to the knowledge of my client that you, the addressee, have received the entire amount for the said work from the party/owner, but till date you have not cared to clear the said outstanding amount despite the repeated requests and calls made by my client to you, the addressee.
6.That my client, subsequent to the completion of the said work, contacted you, the addressee, on numerous occasions requesting payment of the amount due to my client; however, you, the addressee, kept deferring the matter on one pretext or another for the purpose of delaying payment of the amount due to my client. It is pertinent to mention that it was to the utter shock of my client that, despite my client having executed the said work of the utmost quality for the party, in respect of which you, the addressee, had assured my client that the due payment would be paid/remitted by you, the addressee, to my client in accordance with the terms and conditions mutually decided between the parties, you, the addressee, by one means or another, continued to delay and avoid payment of the amount due to my client.
7.That it appears that your intentions are neither clean nor bona fide, and that you have fraudulently entered into the said contract with my client with the object of cheating him, having induced my client in this regard and thereby deceived him.
8.That from your conduct it is abundantly clear that your sole intention has been to cheat my client by fraudulently inducing him and usurping his money, thereby causing wrongful gain to yourself and wrongful loss to my client. You took no steps to carry the transaction further. You, the addressee, are also liable to criminal action for cheating my client, for which my client shall proceed against you in accordance with law, as advised.
9.That despite numerous requests made by my client, you, the addressee, having acted with mischievous and malafide intent from the very outset, have repudiated my client's requests for payment of the amount due.
10.That till date my client has made numerous attempts to contact you, the addressee, in every possible manner with a view to amicably settling the matter. You, the addressee, have duly admitted your default in payment of the amount due and have made false assurances that the said amount would be released soon; however, such assurances were never fulfilled and the amount due was never paid or released to my client. Your malafide conduct demonstrates that you, the addressee, never intended, from the very beginning, to pay the amount due to my client.
11.That my client has granted you, the addressee, more than adequate time to liquidate the outstanding dues, and my client interprets your silence as a deliberate attempt to procrastinate the matter. My client is no longer prepared to tolerate the situation and has instructed us to initiate appropriate proceedings against you, the addressee, for recovery of the amount due, together with interest, in addition to the filing of criminal case(s) in respect of the unlawful acts committed by you, the addressee.
Therefore, as per the information provided by my client, an amount of Rs.Total amount due under second notice (₹)/- (INR Total amount due under second notice (in words) Only) is due and payable by you, the addressee, to my client, together with interest at 18% per annum on the amount due; and your failure to pay the said amount due entitles my client to claim additional interest, apart from any legal costs that may arise from the pursuit of my client's grievances before a court of law owing to your default in making timely payment.
We therefore call upon you, the addressee, to remedy the default and:
e.To clear the outstanding balance of Rs. Outstanding balance demanded in second notice (₹)/- (INR Outstanding balance demanded in second notice (₹) Only), together with interest payable up to the date of payment; and
f.To pay INR Damages for mental harassment claimed in first notice (₹)/- (Indian Rupees Damages amount in second notice (in words) only) as damages on account of mental harassment;
g.To pay Rs. Cost of second legal notice (₹)/- towards the cost of this legal notice.
OR
h.To prepare to face legal action, both civil and criminal, in a court of law for the aforementioned recovery of the amount due, as well as damages on account of the mental harassment caused to my client.
We await your prompt response to this legal notice within 15 (Fifteen) calendar days from the date of delivery of this legal notice.
A copy of this notice is being retained in my office for future reference and action.
Yours faithfully,
(Advocate's name (second notice))
Advocate