BY REGISTERED SPEED POST A.D. / EMAIL (UNDER SECTION 63 BSA, 2023)
STATUTORY LEGAL NOTICE UNDER THE CONSUMER PROTECTION ACT, 2019 & SECTION 73/74 OF THE INDIAN CONTRACT ACT, 1872
To: 1. [Registered Corporate Name of Co-Living Operator, e.g., DTwelve Spaces Pvt. Ltd. / Zolostays Property Solutions Pvt. Ltd.]
Registered Office: [Complete MCA Registered Address with PIN Code]
2. The Grievance Officer / Nodal Officer, [Brand Name], Email: [Grievance Email ID]
Subject:Final 15-Day Statutory Notice for Refund of Withheld Security Deposit of ₹[Deposit Amount] — Resident ID: [Resident/Booking ID] — Property: [Property Name & City]
Sir / Madam,
Under instructions from and on behalf of my client, [Your Full Name], residing at [Your Current Address], I hereby serve upon you the following statutory legal notice:
1. That my client occupied Room/Bed No. [Room/Bed Number] at your managed co-living property known as "[Property Name, Locality, City]" from [Move-In Date] to [Move-Out Date] under Resident ID [Resident ID], and paid a refundable security deposit of ₹[Total Deposit Paid] vide Transaction/UTR No. [UTR Number] dated [Payment Date].
2. That in strict compliance with the onboarding agreement, my client submitted a formal move-out intimation on your resident portal on [Move-Out Notice Date] (Ticket ID: [Ticket ID]) and handed over vacant, undamaged possession of the room and keys to your Property Manager on [Move-Out Date] with all monthly rent and metered dues duly settled.
3. That despite the expiry of the promised refund timeline of [7 / 30 / 45] working days on [Deadline Date], you have unlawfully withheld ₹[Withheld Amount] [and/or imposed arbitrary, unsubstantiated deductions of ₹_____ towards routine painting / exit charges / lock-in forfeiture].
4. That your retention of my client's security deposit and imposition of unilateral exit deductions constitute gross Deficiency in Service under Section 2(11), Unfair Contract under Section 2(46), and Unfair Trade Practice under Section 2(47) of the Consumer Protection Act, 2019, besides violating Section 74 of the Indian Contract Act, 1872 (as settled by the Hon'ble Supreme Court in Kailash Nath Associates v. DDA).
5. I therefore call upon you to remit the entire refundable security deposit of ₹[Amount Demanded] along with interest at 18% per annum from [Deadline Date] till realization, directly into my client's bank account within strictly 15 (fifteen) calendar days of receipt of this notice, failing which my client shall file a Consumer Complaint on the e-Jagriti portal before the District Consumer Disputes Redressal Commission seeking full refund, ₹25,000 towards mental agony, and ₹15,000 towards litigation costs, at your sole risk and expense.
[Advocate Name] • Advocate • Enrolment No. [Bar Council Number]