AMITY LAW SCHOOL, NOIDA

LEGAL NOTICES(DRAFT/REPLY)

Topic- Legal Notice For Recovery of Money

Submitted to: Ms. Manpreet Kaur

Submitted by: RIYA SAGAR

A3256118040

SECTION-A

LLB (2018-21)
 SPEED POST
DATED: 04.09.2018
To

M/s NIIT Ltd.,

A-1/671
Janak Puri
New Delhi-110 058

Sub. – Legal Notice

Sir,
For and on behalf of and under the instructions from our client Mr. Tanuj

Jain residing at ____________________________, New Delhi-

_________, we have to serve you the following legal notice to the

following effect:

1. That our client is reputed and well-known personality in his locality.

2. That our client was searching for some reputed Institute to enroll

himself for computer course and during that period employees of you

noticee through some means came to know that our client is looking for

some reputed Institute where he can enroll himself and thus the employee

on behalf of you Noticee Institute namely M/s NIIT Ltd., had contacted

our client and induced and insisted on him to enroll himself in the
______________course whereas our client was willing to enroll in

_______________ course.

3. That on 22.06.2018 my client got enrolled in your institution when

you Noticee induced and insisted him for 1.5 years class room Program for

Networking course and paid a total sum of Rs. 56,808/- towards payment

of 1.5 years fee for coaching classes.

4. That at the time of admission/ enrollment you assured and promised

our client that high quality of education would be imparted at your Institute

and in the beginning our client was told and allowed to attend the initial

five classes as trial class in order to ascertain the quality of teaching being

provided by you Noticee. But after having attending 2 to 3 classes , our

client became disinterested in attending the classes of the computer course

offered by you Noticee as the quality of coaching classes was not upto the

expectation of our client.

5. That not only this you Noticee took total fees for the entire duration

of the aforesaid computer course in the very beginning even prior to the

trial classes. You Noticee became successful in creating false impression

on our client about the stature of you Noticee Institution by making our

client to somehow attend the classes and meanwhile also collected entire
fees for the aforesaid course, but our client stopped to attend the classes

after the trial classes were over.

6. That after attending 2-3 classes, our client had already requested you

to refund the fee so collected by you Noticee and thereafter, several times

called up you Noticee, you Noticee also acknowledged having received

entire fees from our client but showed your inability to do anything by

citing your institution policy.

7. That at the time of admission, it was promised by you Noticee that

individual classes would be given but after attending the classes, our client

came to know that the strength of the class was 7-8 students. It is also

pertinent to mention that the timings of the classes was not fixed and

teachers of the institution were very careless towards the conduct of the

classes. That the students were only wasting their academic time.

8. It is also pertinent to mention that at the time of the admission, it

was promised by you Noticee that the study material with books and notes

would also be given but no study material nor books were ever provided by

you Noticee to our client.

9. It is submitted that it was specifically promised by you Noticee at

the time of enrollment that initial five classes would be trial classes, if the

trial classes do not satisfy our client, the whole fees would be refundable

but after attending 3-4 classes, when our client decided and made up his

mind not to pursue classes at the Institution of you Noticee, You Noticee

denied about the same and have not refunded the fees till date inspite of

several reminder and continuous follow up by our client.

10. That despite various requests and demands you noticee has not

refunded even a single penny to our client out of the total fees amounting

to Rs. 56,808/- and since no progressive response was received by our

client except the vague promises to refund the money soon and when the

representative of you noticee started ignoring our client on one pretext or

the other, our client realized that you noticee were playing a game with our

client and were having malafide intention to cheat our client and

misappropriate our client’s hard earned money.

11. In view of the aforesaid facts and circumstances, it is evident that all

the persons responsible for managing the affairs of you Noticee, have with

a dishonest intention since very beginning, fraudulently and dishonestly

deceived our client into the false assurances and believing and have in

furtherance of and in common intention of all, induced him to hand over

Rs.56,808/- to you Noticee Institution. You Noticee have thereby

committed an offence of cheating and fraud against our client.

12. That you Noticee company and all the persons responsible for

managing the affairs of the institution are the beneficiaries of this cheating

and have been hand in glove with each other and were well aware of the

fact that your these acts are wrongful acts/offences, still you went ahead

with aforesaid modus operandi and hence all of you noticee and all the

persons responsible for managing the affairs of the company have had

common intention to cause wrongful loss to our client and wrongful gain to

you noticee company.

13. Further, inspite of our client’s various requests and meetings and

inspite of the various promises and oral assurances given on behalf of you

noticee institution, a sum of Rs. 56,808/- (Rupees fifty six thousand eight

hundred and eight rupees only), which is legally due and refundable by

you noticee, has not been refunded to our client till date.

14. That it is a matter of great concern that such kind of unfair trade

practices and policies have been adopted by you noticee and you noticee

have behaved so rudely to a genuine customer like our client and treated a

client of such a repute in a incoherent manner.

15. That this mannerism of yours has caused great mental and

economical suffering to our client, that it is to bring to your notice that by

your negligent and faulty conduct, unfair trade practices and deficiency in

your services our client is facing embarrassment and has suffered a lot with

his reputation.

16. That yours above stated actions amounts inter alia to unfair trade

practices and unscrupulous exploitation of customer as well as cheating

and fraud and due to the negligence and dereliction of duty by all of you,

our client has suffered loss due to deprivation, harassment, mental agony as

also loss of reputation for which you all are liable.

17. That through this notice you are required to pay:

a) an amount of Rs. 56,808/- illegally taken by you from our client

along with interest thereon at the rate of 24 percent per annum from the

date the said payment of Rs. 56,808/- became due and payable till the date

of actual payment of such amount to our client;

b) an amount of Rs. 5,00,000/- towards compensation for loss and

injury suffered by our client on account of deprivation, harassment and

mental agony caused by the negligence and dereliction of duty by all of

you and for loss of reputation of our client;

c) an amount of Rs. 11,000/- towards the cost of this notice.

In case you fail to comply with the aforesaid legitimate demand of our

client within 15 days, of the receipt of this notice, please be informed that

our client will be constrained to initiate appropriate legal action against you

to enforce their legitimate claim on which event you will be held liable for

all costs and consequences in connection therewith.

Yours Truly,
For JM Lawyers

(Jm Mittal)