B&B LAW ASSOCIATES

YAJUR BHALLA
Advocate
Chamber No.206, CK Dapthary, Supreme Court of India - 110001
Office : D-52, Basement, Panchsheel Enclave, New Delhi-110017
Mob: +91-96547-45777, +91-97110-09378
Tel(Off.) 011-41064945, E-Mail: yajurbhalla87@gmail.com

(THROUGH: SPEED POST/REGD.A.D.)

Dated: .2024
To,
1. Mr. Mohit Kalra
2. Mr. Nikhil Kalra
3. Mr. Tushar Kalra
All proprietors of M/s Kalra Constructions having office at:
383, Street no.11,
Rajendra Nagar, Dehradun - 248001

Also at:
First Floor, 1140, 12 -4 Shree Enclave,
Panditwari, Dehradun
Pincode: 248007

SUBJECT:

Sir,
That within the gambit of instructions from my clients Smt. Nirmala Tomar,
Shri S.C. Tomar and Ms. Ridhi Tomar, all residents of 0-155, Ridhi-Siddhi,
Vasant Vihar, Distt, Dehradun, Uttarakhand, 249205 (hereinafter
collectively referred to as “Our Clients”), we hereby serve you the notice as
follow:
1. As you are already aware that our client Ridhi Tomar was previously
known to you noticee No. 1. You the noticee No. 1 had informed our client
that you are involved in the business of construction and civil work.
2. Therefore,, our client approached you the noticee no.1 during the end of
February, 2023 for construction of the property forming part Khasra

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 B&B LAW ASSOCIATES
YAJUR BHALLA
Advocate
Chamber No.206, CK Dapthary, Supreme Court of India - 110001
Office : D-52, Basement, Panchsheel Enclave, New Delhi-110017
Mob: +91-96547-45777, +91-97110-09378
Tel(Off.) 011-41064945, E-Mail: yajurbhalla87@gmail.com

number 77/2 admeasuring 161.88 sq. meter or approx. 193.6 sq. yard
land, Mauza Arcadia Grant, Pargana Central Doon, District Dehradun,
Uttarakhand (hereafter referred to as the “First Project”).
3. You the noticees claimed to have the requisite experience in civil work
and construction of multi storeyed buildings. You further asserted that
you had undertaken and delivered various large and small scale projects
in the state.
4. Since you the noticee No. 1 were previously known to our client Ridhi
Tomar, our clients had no reason to doubt the representations and
assurances provided by you and consequently agreed to engage your
services for the project. It was explicitly informed to you before the
engagement in the project that time is of the essence of this project and
delay would be damaging to our client’s interest.
5. Pursuant to various discussions, the basic terms and conditions for the
entire project were finalised. Resultantly an agreement dated 22.03.2023
(herein after referred to as “the Agreement”) was executed between the
parties whereby it was agreed that the consideration of the entire project
would be Rs. 63,40,820/-.
6. As per the terms of the Agreement, your scope of work encompassed
completion of the entire civil structure of the First Project within 6
months after handing over of the site. Subsequently, the First Project site
was handed over to you on 23.03.2023.
7. Initially when the work commenced at the First Project site, you assured
our clients that the work is done professionally and that there persisted
no issues. However, upon subsequent visits by our clients, they started to
notice several issues regarding the standard of work and the quality of
the material being used. Our client promptly communicated these issues

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 B&B LAW ASSOCIATES
YAJUR BHALLA
Advocate
Chamber No.206, CK Dapthary, Supreme Court of India - 110001
Office : D-52, Basement, Panchsheel Enclave, New Delhi-110017
Mob: +91-96547-45777, +91-97110-09378
Tel(Off.) 011-41064945, E-Mail: yajurbhalla87@gmail.com

to you and you assured our client that all work would executed be to the
satisfaction of our client.
8. Despite the persisting issues, you failed to take our clients' concerns
seriously and continued to ignore them. Although you provided
assurances that the work would meet our clients' satisfaction, the issues
remained unresolved.
9. You the noticee(s) consistently made payment demands to our client at
regular intervals, and all payments were duly made by our client in a
timely manner i.e., as and when the payments were demanded.
10. It would be noteworthy to mention that apart from the payments as
demanded by you, our clients were requested to make several payments
in cash. Despite making these payments promptly, the work at the First
Project site was not completed according to the terms outlined in the
agreement. (Copy of ledgers is available via email.)
11. In the meantime, upon becoming aware of our clients’ intention to
renovate their residential property situated at 0-155, Ridhi-Siddhi,
Vasant Vihar Dehradun (hereinafter referred to as the “Second Project”),
you approached our client to undertake this renovation project for our
clients’ residential premises. Although the terms and conditions for the
First Project were finalized in writing, no written agreement was executed
for the renovation of the Second Project. You assured our clients that a
written agreement was unnecessary as the work would be carried out
according to our clients’ instructions.
12. On the conclusion of the discussions, you had duly inspected the
residential property for the Second Project and informed our clients that
the estimated cost of renovation would be approx.. Rs. 10-15 Lakhs.
However, since the scope of work was increased on consultation with you,

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 B&B LAW ASSOCIATES
YAJUR BHALLA
Advocate
Chamber No.206, CK Dapthary, Supreme Court of India - 110001
Office : D-52, Basement, Panchsheel Enclave, New Delhi-110017
Mob: +91-96547-45777, +91-97110-09378
Tel(Off.) 011-41064945, E-Mail: yajurbhalla87@gmail.com

the cost of renovation as communication to our clients was enhanced to

Rs. 35-40 Lakhs.
13. The Second Project was undertaken by you and the work commenced in
May 2023. You had made a categorical commitment that the entire work
of renovation in the Second Project would be completed within a period of
four months, extendable to a maximum of five months. Further, the
Second Project was handed over to you on the above-mentioned
expressed condition as time was of the essence as our clients had to
move into this residential house latest by Nov. 2023.
14. While our clients had been regularly making payments for the First
Project, as and when demanded by you, our clients had also been making
regular payments of the amounts payable for the Second Project.
15. During this time, to our clients’ surprise, you the noticee No. 1
approached our client Ridhi Tomar to express your desire to marry her.
Upon learning of this, Ridhi Tomar informed her parents, who were
equally surprised and taken aback by the news. Ridhi Tomar promptly
informed her family that she had no intention of marrying you,
emphasizing that your relationship was strictly professional. Despite
being old acquaintances, Ridhi Tomar and her family had no interest in
pursuing a marital union with you the noticee No. 1.
16. After refusal of the marriage proposal was communicated to you, you
started behaving in a very unbecoming and unprofessional manner with
our clients. So much so that at certain instances you became physically
violent with our client Ridhi Tomar. She warned you with legal
consequences and thereafter since you requested and begged her not to
file any complaint and assured her of that no such incident would ever
occur in the future.

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 B&B LAW ASSOCIATES
YAJUR BHALLA
Advocate
Chamber No.206, CK Dapthary, Supreme Court of India - 110001
Office : D-52, Basement, Panchsheel Enclave, New Delhi-110017
Mob: +91-96547-45777, +91-97110-09378
Tel(Off.) 011-41064945, E-Mail: yajurbhalla87@gmail.com

17. At this point, our clients extended an option for you to exit the project if
you were no longer interested in continuing under the prevailing
circumstances. Despite this offer, you reassured our client that the
quality of work and services would not be compromised, and both
projects would be completed within the agreed timeframe.
18. After communication with our clients, there was a noticeable change in
your behavior and that of your staff. For reasons known to you and your
team, our clients experienced daily harassment, and there was a
significant decline in workmanship, material quality, and project
execution. Despite persistent demands for payments, progress on both
projects suffered from delays and compromised material quality. Our
clients repeatedly raised these concerns with you, but instead of
addressing them, you continued to harass them. The delays, coupled
with poor workmanship, inflicted significant financial damage and
immense mental stress on our clients.
19. Your conduct deteriorated significantly, reaching unprofessional levels
where you and your staff verbally harassed all our clients, including S.C.
Tomar, on multiple occasions. The harassment persisted even beyond
your committed timeline, with the work far from completion well past the
agreed-upon deadline. This unresolved issue forced our clients to move
into an incomplete house in November. Despite our clients suffering from
various ailments due to moving into an incomplete house, they still
extended an offer for you to exit the project.
20. Our clients made repeated requests for timely completion in an effort to
resolve the issue, but these requests were disregarded, and neither of the
projects were anywhere near completion even by January 2024.
21. Our Clients even requested you for a personal meeting. Instead of
meeting our client, you deferred this meeting for almost one entire

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 B&B LAW ASSOCIATES
YAJUR BHALLA
Advocate
Chamber No.206, CK Dapthary, Supreme Court of India - 110001
Office : D-52, Basement, Panchsheel Enclave, New Delhi-110017
Mob: +91-96547-45777, +91-97110-09378
Tel(Off.) 011-41064945, E-Mail: yajurbhalla87@gmail.com

month. It was only in the first week of February 2024 you had a meeting
with our clients with certain members of your staff. Instead of addressing
our clients issues you along with your staff misbehaved with our clients.
On the intervention of family members of our clients you apologised and
promised our clients and assured them the work on both the projects
would be completed in 15 days at any cost.
22. Regrettably none of the commitments made by you were of any
consequences even after making a payment of Rs. 5 lakhs (though not
due) you have miserably failed to render services to satisfaction of our
clients, to complete the work on the projects even after last week of Feb.
2024.
23. On 27.03.2024, you, along with your brothers Nikhil Kalra (noticee No. 2)
and Tushar Kalra (noticee No. 3), visited our clients’ house and
threatened them to make payments within 2-3 days, despite none of the
project sites being completed. Additionally, you and your brothers
compelled our clients to halt the renovation work immediately, which
they had started with other vendors and labourers after waiting for you to
resume work at the Second Project. When our clients attempted to
intervene, you used casteist slurs against them, as our clients belong to
the SC/ST community.
24. Furthermore, our clients had already made the entire payment
consideration of approximately Rs. 65 Lakhs for the First Project and
approximately Rs. 20 Lakhs for the Second Project by December 2023,
despite the work being nowhere near completion.
25. To the utter shock and dismay of our client, even after almost a 6-month
delay, the construction is not yet completed. Furthermore, the
constructed parts are faulty, of low quality, and defective.

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 B&B LAW ASSOCIATES
YAJUR BHALLA
Advocate
Chamber No.206, CK Dapthary, Supreme Court of India - 110001
Office : D-52, Basement, Panchsheel Enclave, New Delhi-110017
Mob: +91-96547-45777, +91-97110-09378
Tel(Off.) 011-41064945, E-Mail: yajurbhalla87@gmail.com

26. You the noticee(s) have failed to construct the building within the
specified time frame and further have failed to deliver the desired quality
of work despite our clients making timely payments as and when
required by you the noticee(s).
27. To the utter shock and dismay of our client, you, the noticee(s), via an
email dated 25.01.2024, shared a ledger stating an estimated contract
value amounting to Rs. 76,04,029.90/-. Along with the delay in project
completion, you unreasonably escalated your charges beyond the agreed
amount of Rs. 2-3 Lakhs as per the agreement dated 22.03.2023. Not
only did you fail to complete the project on time and deliver satisfactory
quality construction, but you also demanded an escalated amount.
Moreover, you carried out work at the First Project without our clients'
approval, thereby increasing the financial burden on our clients.
Furthermore, you constructed a mandir on the first floor of the Second
Project without informing our clients, increasing the total cost of
construction by almost 15-20 lakhs.
28. The harassment and mental pressure persisted as you refused to pay the
vendors, resulting in our clients having to cover these expenses.
Additionally, the cost of furniture, which was supposed to be borne by
you, was also left to our clients.
29. Even after several requests made by our client you the noticee(s) failed to
complete the construction even after the delay of approximately 6 months
and further, when our clients approached you with regards to completion
of the construction you the noticee(s) neither took steps for the
completion nor gave any satisfactory response stating the reason for
delay. A delay of almost 6 months has been occurred and still no
satisfactory efforts has been taken by you the noticee(s).

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 B&B LAW ASSOCIATES
YAJUR BHALLA
Advocate
Chamber No.206, CK Dapthary, Supreme Court of India - 110001
Office : D-52, Basement, Panchsheel Enclave, New Delhi-110017
Mob: +91-96547-45777, +91-97110-09378
Tel(Off.) 011-41064945, E-Mail: yajurbhalla87@gmail.com

30. After the inspection of the site our clients were shocked to see the
following defects:
a. Poor quality
b. Water clogging on the terrace due to lack of proper slopping
c. All the waste material lying on the site
d. No proper wiring done till date
e. Pipes lying around all over the premises
31. That pursuant to the terms outlined in the agreement dated 22.03.2023,
you the noticee(s) have failed to deliver the constructed site, namely the
First Project, in accordance with the Agreement. This breach persists
despite repeated requests for compliance as per the Agreement.
Furthermore, you have also breached the mutual understanding for the
construction of the Second Project. Additionally, your acts of harassment,
mental torture, and verbal and physical abuse, including the denigration
of our clients based on their caste, have inflicted significant financial,
mental, and emotional stress upon our clients.
32. Therefore, our clients hereby serve you the notice due to your violation of
the terms and conditions outlined in the agreement dated 22.03.2023 for
the First Project and the mutual understanding regarding the Second
Project. You the noticee(s) are hereby called upon to pay interest at the
rate of 24% on the amount already paid by our clients for the
construction, which our clients have incurred due to your non-
performance, within a period of 30 days. Furthermore, you are restrained
from accessing any of our clients' properties. Failure to comply will result
in our clients initiating appropriate legal proceedings against you the
noticee(s). Additionally, you are hereby called upon to pay an amount of
Rs. 10,000/- as legal fees incurred by our clients.

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 B&B LAW ASSOCIATES
YAJUR BHALLA
Advocate
Chamber No.206, CK Dapthary, Supreme Court of India - 110001
Office : D-52, Basement, Panchsheel Enclave, New Delhi-110017
Mob: +91-96547-45777, +91-97110-09378
Tel(Off.) 011-41064945, E-Mail: yajurbhalla87@gmail.com

This notice is being served, without prejudice to our client’s right to claim
damages that our client has suffered.

Copy of this reply has been retained in our office for future action and
references.

Yours faithfully,

(YAJUR BHALLA)
ADVOCATE