LEGAL NOTICE & LEGAL OPINION

FORMAT OF LEGAL NOTICE 
AND
LEGAL OPINION

                                              REPLY OF LEGAL NOTICE                                                                                                                                                                                                                                                                                                                                                     Date 

To,

______________

______________

______________

Sirs, 

Kindly refers to Notice dated _________ issued by you on behalf of your client Mr. _________. I have instructions from my client, the Chairman and Secretary of _______________________.,  to reply to your above notice in the following terms:

1. That at the very outset my clients deny all allegations, averments and claims made by your client under the Notice unless expressly admitted hereinafter. The contents of the Notice are completely malafide, false, baseless and fabricated.
2. That the contents of paragraph 1 of the Notice are only admitted to the extent that your client is the member and Shareholders of the Vishnu Govind Residency but it is not true to say that your client is a law abiding citizen and conversant with the Maharashtra Co-Op. Societies Act,1960 and Rules made there under and the Bye-Laws of the Society. It is therefore categorically denied that your client being one of the members and Shareholders of the Society is abiding its Bye-Laws, Rules, Regulations and the resolution passed in its General Body Meeting.
3. That the contents of paragraph 2 of the Notice are full of self-serving statements which are denied for the want of knowledge. Please note that due to non-performance and unethical code of conduct, of your client being a Treasurer of the society towards the society responsibility, committee members of the society insisted your client to resign from his post of Treasurer and it was also brought to his notice that an amount of Rs. 96000/- has not been deposited by him in the society’s Bank account though collected during his tenure as Treasurer of the society.
4. That the contents of paragraph 3 of the Notice are true to say that the society has called its Annual General Meeting on __/__/__, wherein the office bearers of the society instructed your client to deposit the fund of the society to society’s bank account which was collected by him during his tenure period amounting to Rs. _______/- (Rupees ______ only), and your client accepted the resolution passed unanimously by the General body meeting and admitting fault on his fraction the said amount was deposited by your client.
5. That the contents of paragraph 4 of the Notice are denied as the same are deliberately distorted and twisted and true facts has not been disclosed by your client. It is stated that dated __/__/__, a notice and debit note was issued to your client against misappropriation of society funds for which he has been charged interest and fine on Rs._______/- and dated ___/___/___ your client replied to society that, it happened because of the lack of accounting knowledge and dated __/__/___ a meeting was held by society, wherein it was decided that your client has to pay only Interest amount and fine to be waived off, and to recover such legitimate amount society has filed the Recovery Application u/s. 101 of the M.C.S Act 1960.
6. That the contents of paragraph 5 of the Notice are denied as the same are false, baseless and fabricated. It is stated that office bearers of the society claiming such amount for the sole benefit of the society and its members. Nevertheless, true fact of the case has not been described by your client and making false allegations on my client after sinister thought. 
7. That the contents of Paragraph 6 of the Notice are denied as the same are misconceived misconstrued and fabricated. It is stated that your client during his tenure period being a Treasurer of the society never performed his duty towards society responsibility and neither performed the Bye-Laws of the society and after sinister thought making false allegations upon my client.
8. That the contents of paragraph 7 of the Notice are denied. It is stated that in the Recovery Proceedings before District Registrar, the Audit report produced by the society for the period of 2008 to 2012 were not appreciated on the ground that section 101 of the MCS act, 1960 was not the relevant section of the subject matter and your client with dishonest intention before District Registrar produced fabricated separate consolidated statement of accounts which is an offence under Indian Penal Code. 
9. That the contents of paragraph 8 of the Notice are denied. It is stated that the Dy. Registrar of the co-operative societies, rejected the Recovery Application filed by the society u/s 101 of the Maharashtra Co-Operative societies Act 1960, on the ground of non-relevant section of subject matter so, there is no question of deleting the pending dues of your client from monthly bills which is a legitimate amount of society.
10. That the contents of paragraph 9 of the Notice are denied. It is stated that your client during his tenure period never showed his willingness to give description of society’s account and after several reminder and notices also he never showed his willingness to deposit the said interest amount. Hence notice issued to your client are reasonable and in accordance with the provision of Bye-Laws, Regulations of the Maharashtra Co-Operative societies Act, 1960 and the Rules made there under.
11.  That the contents of paragraph 10 of the Notice are denied. It is stated that your client has made complaints to the Dy. Registrar of Co-Operative society Vasai on 29/03/2010 against my client and in pursuance of your client’s complaint, Dy. Registrar of Co-Operative society Vasai has appointed its Co-operative officer (Gr-1), to conduct inquiry in regards to allegations made by your client, who has submitted his report on __/__/__, on the basis of the facts and documentary evidence produced before him in favour of society. But such frivolous complaints filed by your client only with a view to take revenge and to avoid to make legitimate payment due on him to society.
12. That the contents of paragraph 11 & 12 of the Notice are denied. It is stated that the society have been charging legitimate amount to your client which is due on him towards society. Hence it is not bad in law and it is in accordance with the provision of Maharashtra Co-operative Societies Act, 1960.
13.  That the contents of paragraph 13 of the Notice are denied. It is stated that if any proceedings are initiated against our clients, the same shall be vehemently defended at the sole risk of your client as to costs and consequences. Your client is also hereby called upon to within 15 days from the date of this reply, immediately withdraw is bogus notice and on the other hand your client is informed that our client and committee members of the society reserve the right to institute legal proceedings against your client to recover the legitimate amount due on him and producing fabricated society’s statement account before Dy. Registrar which you may please note.

 Your sincerely

(Advocate High Court)

LEGAL NOTICE

                                                                                                                                 

                                                                                                                                    Date:

                                                                                                          

To,

The Chairman/Secretary,

__________________

__________________                                                                      

Sirs:

Sub: Water charges in respect of Shop No. 10, 11, 12 & 13

I am concerned for my clients, ________, Mr. ____________ and Mr. ___________. My clients are the owners and members in respect of Shop Nos. 9, 10, 11, 12 & 13 in your ____________________Co-operative Housing Society Ltd. situated at ________________________________ (hereinafter referred to as the ‘said Society’). Upon their instructions, I have to state and address you as under:

1. My clients state that they have been members of the said Society and have been in peaceful and absolute ownership of the same since the onset. My clients further state that they are on good terms with office bearers of the said Society and have paid all their dues towards the Society till date.
2.  However, my clients would like to bring to your notice that, all the bills issued by the said Society to them, till date, consists of a category of society dues, being “Municipal and Tanker water charges”, which my clients are not liable to pay.
3. It is pertinent to note that, in accordance with Society Byelaw No. 69(a)(ii), water charges are to be apportioned by the Committee on the basis of the total number and size of inlets provided in each flat/shop. Accordingly, my clients state that water inlet is present only in Shop No. 9 and that, they are liable for payment of water charges only in respect of such Shop No. 9. My clients further state that in the absence of water inlets in Shop No. 10, 11, 12 & 13, the Society cannot claim from them any kind of water charges in respect of such shops.
4.  My clients reiterate that, they have paid all the dues of the said Society, till date, excluding the Municipal and Tanker water charges for Shop Nos. 10, 11, 12 & 13 and the same are unpaid since May 2009.
5. Considering the abovementioned facts and circumstances, I am instructed by my clients to call upon you to issue them the amended society bills effective from May 2009, in respect of the 4 Shops, after excluding the Municipal and Tanker water charges or alternatively issue a letter in this respect, confirming the full and final payment of the Society dues by my clients. Also, if any excess monies are paid by my clients, please credit such monies to the future bills for society dues.
6. On behalf of my clients, I seek your co-operation in this matter and state that the same will be highly appreciated.  I further assure you that my clients will provide all the necessary co-operation / help / assistance as you may require in this matter for a better and long term relationship.

For, M/.s____________

(Advocate)