REGD. A.D.

/COURIER
Dated:

.09.2015

To,
1.

M/S. ANSAL PROPERTIES &

INFRASTRUCTURE LTD.

Registered Office at
115, Ansal Bhawan, 16
Kasturba Gandhi Marg,
New Delhi.
Through Authorised Signatories:
a) Mr. D.P. Dudeja
b) Mr. Vijay Garg
c) Mr. T. Rajan
(All acting for and on behalf of addressee No. 1)
2.

M/S. STAR FACILITIES

MANAGEMENT LTD.

Registered Office at
C-44, 3rd Floor,
Palam Vihar Kendra,
Gurgaon 122017,
Haryana.
Through Authorised Signatories:
a) Mr. Gajender Sonwal
b) Mr. Narayan
(All acting for and on behalf of addressee No. 2)
RE:

NON TRANSFER OF COMPLETE SPECIFIED AREA OF THE

SHOP AS PER THE SUB-LEASE DEED, CONSTRUCTION OF

ILLEGAL STRUCTURE ON THE APPROACH ROAD TOWARDS

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THE SHOP AT THE BEHEST OF ADRESSEES AND DEMAND FOR

INFLATED AND ILLEGAL MAINTENANCE CHARGES.
Dear Sir(s),
I am writing the present communication to you for and on behalf of Dr.
Gyan Kumar (HUF), S/o. Late Sh. Jai Charan Lal, R/o. 13/24, Anandi Bhawan,
G.T. Road, Aligarh, 202001 (U.P.) (hereinafter referred to as my client).
1.

That you the addressee No. 1 in 2008 represented yourself as the lease
holder for the property Shop No. SF-230 on the Second Floor in ANSAL
PLAZA GREATER NOIDA situated at Plot No. 1C, Sector Knowledge
Park I, Greater Noida, Gautam Budh Nagar (U.P.) admeasuring 62.14
Sq.M (669 Sq.Ft.) Super Area = 40.49 Sq.M Covered Area +21.65 Sq.M

2.

Common, (hereinafter referred to as the shop).

That you the addressee No. 1 represented that the Greater Noida
Industrial Development Authority, as the lessor of the said property and
your being the lessee. You further represented to execute a sub lease
agreement with my client for sub letting the shop, for a term of 90 years
commencing from 17.05.2003, on the payment of premium amount of Rs.
15,72,150/- (Rupees Fifteen Lac Seventy Thousand One Hundred Fifty
Only), to be enhanced every ten years, since the Lessor was empowered to

3.

enhance the said rent every ten years.

That therefore a registered Sub Lease Deed (hereinafter referred to as
the agreement) was entered between my client and you the addressee No.
1 on 27.05.2009. And thereafter the possession of the shop was handed to
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my client on 26.05.2010, as recorded in the letter of possession. My client

is in possession of the shop ever since.

4.

[I]

That upon receiving possession of the shop, to my clients surprise, the

actual area of the shop handed over to my client was 478 Sq.Ft. Super
Area = 381 Sq.Ft. Covered Area +97 Sq.Ft. Common, as opposed to the
agreed 62.14 Sq.M (669 Sq.Ft.) Super Area = 40.49 Sq.M Covered Area
+21.65 Sq.M Common. Thereby, a difference in area of 191 Sq.Ft. Even by
industry standards a difference of 5-10% between the super area and the
actual area is acceptable, but you the addressee No. 1 misrepresented this
difference by as much as 30%, which clearly denotes your intention to
defraud my client by gross misrepresentation of facts and the area. My
client infact at various times brought this fact to your knowledge, but was

5.

not provided any answer or any solution to this act of yours.

That it is brought to your notice that this blatant misrepresentation of
fudged calculations amounts to a clear fraud on your part, the addressee
No. 1 and my client reserves his right to approach this issue before
appropriate forum, both civil and criminal for appropriate resolution.
[II]

6.

That further, you the addressee No. 2 acting for and on behalf of the
addressee No. 1 as their liasoning agency qua the shop property have been
collecting maintenance charges for the said property in terms of letter
dated 15.05.2008. My client admittedly has been in possession of the shop
since 26.05.2010. However, in terms of the letter dated 05.08.2015, a
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demand of Rs. 14,31,400/- (Rupees Fourteen Lac Thirty One Thousand

Four Hundred Only) has been communicated to my client for the said
7.

maintenance charges.
That the calculation for the said maintenance charges and interest
thereon has been made from the year 2008, when admittedly the sub lease
agreement was entered on 27.05.2009 and the possession was granted on
26.05.2010. This fact clearly denotes that the whole calculation for the said

8.

amount is flawed and mischievously exaggerated.

Even further, as mentioned above, when there is a clear misrepresentation
on behalf of addressee No. 1 qua the area of the shop promised and the
area that is actually handed over, major discrepancies can be found in the
said calculated figure, rendering it mischievously inflated and demanded

9.

with an intent to defraud my client.

That you the addressee No. 2 are thereupon put to notice, to rectify the
said fraudulent figures for the calculation of the maintenance amount
failing which my client reserves his right to move appropriate proceedings
against you, both criminal and civil, before the appropriate forum.
[III]

10.

That in conjunction to what has been stated above, it has further been
communicated to you the addressee No. 1 and 2 that as per your
permission and in total disregard for the building rules and regulations
and against the authorized layout plan passed by the Greater Noida
Industrial Authority, a new picket shop called 7 Day Food Court has
been allowed to function on the main common passage way towards the
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shop. Not only does this act of yours is against the building rules and
regulations and in contravention of the approved building plan, but the
same has also resulted in greatly diminishing the market value of the
11.

shop.
That my client is forced to view this approval of functioning of an
unauthorized shop blocking the passage way as a deliberate ploy on your
part to diminish the market value of the shop and to further harass my
client. No access to the passage means less of footfall to the shop. Also, the

12.

nuisance created by the food stall further drives away the customers.
That therefore you the addressee No. 1 & 2 are therefore put to notice to
remove the said unauthorized shop from the main common passage way to
the shop, failing which my client would be at liberty to approach the
appropriate authorities, both criminal and civil for the clearance of the
passageway.

13.

That therefore in terms of what has been mentioned above, you the
addressees No.s 1 & 2 are put to a months notice for:
I.
Rectification of the huge gap between the agreed area and the
actual area of the shop handed over or in lieu thereof a
II.

corresponding adjustment in the consideration of the shop.

Rectification of the inflated figures of maintenance amount based

III.

upon faulty date of possession and exaggerated area.

Removal of the unauthorized food shop erected blocking the main
passageway to the shop, which is against the approved building plan
and the building bye laws.
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IV.

Payment of sum of Rs. 5,00,000/- (Rupees Five Lacs Only), as the

liquidated amount calculable for the mental harassment and agony
already undergone for the deliberate faults of yours plus the legal

14.

consultancy fee.
That failing any or all of the above 4 conditions, you the adressees No.s 1
& 2, my client would be under his legal right to move against you under
both criminal and civil law for the resolution and rectification of the
abovesaid issues.
Please take note accordingly.

Sincerely,

Mohd. Asad Khan

(Advocate)

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