Transaction Dispute

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HydNawab
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Re: Legal Notice

Post by HydNawab » Thu Mar 12, 2009 11:05 pm

Heres what it says.Will upload a copy tomorrow as my scanner is temporarily not working.

Dated 04/03/09

Legal Notice

To

Ashar Raoof
Address

Subject: Legal notice for breach of trust by selling ersatz weapon which has resulted in loss to my client.

Sir,

In and under the instruction of my client M/s Vishal Gun House , address blah blah, I submit as under:-

1. That you are certified owner of a 12 bore DBBL gun bearing no 23287 make James Purdey, Made in England.

2. That the gun is entered in License no blah blah issued by blah blah, renewed upto blah blah and is valid for AP only.

3. That you have sold your gun to M/s Vishal Gun House address: blah blah vide sale notice dated 10/12/08 and NOC carry permit issued by blah blah.

4. That it was agreed between you and my client that the above mentioned weapon which is in original condition along with the Certificate issued by the Gun Maker will be supplied after all the transaction of Rs.799100/- is completed by my client.

5. That out of the total amount of Rs.799100/-, Rs.449100/- has been deposited into various accounts as instructed by you. Details of those transactions has been provided below.

Date of Deposit Ac.No. Acc Holder Name Amount

10/06/08 01310110000813 Zainul Abdin 49900/-

17/06/08 628201064870 Yaseen Fatima 49900/-

19/06/08 628201064870 Yaseen Fatima 49900/-

23/06/08 628201064870 Yaseen Fatima 49900/-

16/09/08 628205021115 Gangotri Healthcare 49900/-

22/11/08 628201064870 Yaseen Fatima 49900/-

22/11/08 625901537101 Shahid Ahmed Saghir 49900/-

25/11/08 625901537101 Shahid Ahmed Saghir 49900/-

03/12/08 628201064870 Yaseen Fatima 49900/-

6. That the remaining amount of Rs.250000/- was given by my client by cash on 11/12/08 at 3:30 pm at Chandigarh to you personally and the above mentioned weapon was handed over to my client.

7. That it was later discovered by my client that the gun was not in genuine condition as told by you and that the weapon was re-polished and minor repairs has been done to the weapon.

8. That my client tried to inform you the same via telephonic conversation but all attempts to contact you failed.

9. That your act of selling ersatz weapon under the assurance of it being a genuine weapon has resulted in breach of trust and wrongful loss to my client.

10. I, therefore on behalf of my client M/s Vishal Gun House call upon you to retuen the payment given to you for the faulty gun or replace a similar description weapon with same value in genuine condition along with damages to amount to Rs.50,000/- within 30 days of receipt of this legal notice or else my client shall be constrained to initiate appropriate legal action against you.

11. That you may correspond with me on the following address and confirm to me compliance with the same.A copy of this notice has been retained in our office for future reference.

Yours faithfully,


Blah Blah

Advocate

NOTICE ENDS


Moral of the story boys and girls (future lawyers) is that you should attend your law lectures and not bunk classes.

Ashar


:P
'It takes 43 muscles to frown and 17 to smile, but only 3 for proper trigger squeeze'.

'You can get much farther with a kind word and a gun than you can with a kind word alone.'

-- Al Capone

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dev
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Re: Legal Notice

Post by dev » Fri Mar 13, 2009 6:06 pm

The curious case of Benjamin Button can't hold a candle to this one :lol: .

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Re: Legal Notice

Post by mundaire » Fri Mar 13, 2009 6:23 pm

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HydNawab
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Re: Legal Notice

Post by HydNawab » Fri Mar 13, 2009 6:46 pm

Exactly my point Abhijeet!
'It takes 43 muscles to frown and 17 to smile, but only 3 for proper trigger squeeze'.

'You can get much farther with a kind word and a gun than you can with a kind word alone.'

-- Al Capone

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nagarifle
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Re: Legal Notice

Post by nagarifle » Fri Mar 13, 2009 6:53 pm

its trying to scare you in to paying. the burden of proof lays with him. if he goes to court. which court? you are states apart.

even so he would have to prove that the money went into your account.

and it looks like the money was sent form not one account but many so an INcome tax office should be informed as there may be tax avoidance going on, very unbecoming of a Citizen not paying taxs :D

nay counter sue :D
lesson to be learn t by all
Nagarifle

if you say it can not be done, then you are right, for you, it can not be done.

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Re: Legal Notice

Post by MoA » Thu Mar 19, 2009 1:43 am

So in essence he is suing you for maintaing the gun and ensuring that it continues to function in a safe manner?

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HydNawab
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Re: Legal Notice

Post by HydNawab » Thu Mar 19, 2009 10:45 am

MoA wrote:So in essence he is suing you for maintaing the gun and ensuring that it continues to function in a safe manner?

MoA,

I think hes suing me for for selling him the gun legally.Moreover, the deal for finalized in December 2008 and hes showing payments since June 2008 into accounts which I am not aware of.Firstly, he has to prove all the points that he has stated in his legal notice.As nagarifle suggested, the burden of proof lies upon him.If I claim integral indemnity in my counter petition and if he loses, then hes in for trouble.I dont want to put all my cards on the table right now but lets see what reply I get... 8)

Ashar
'It takes 43 muscles to frown and 17 to smile, but only 3 for proper trigger squeeze'.

'You can get much farther with a kind word and a gun than you can with a kind word alone.'

-- Al Capone

orieng
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Re: Legal Notice

Post by orieng » Thu Mar 19, 2009 11:01 am

Ashar,
Better not to discuss all the technicalities in the open forum. One never knows.
thanks and regrds,

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HydNawab
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Re: Legal Notice

Post by HydNawab » Thu Mar 19, 2009 11:06 am

Orieng,

Thats just one point.Thanks for the suggesstion.Will try to resist.

Cheers

Ashar
'It takes 43 muscles to frown and 17 to smile, but only 3 for proper trigger squeeze'.

'You can get much farther with a kind word and a gun than you can with a kind word alone.'

-- Al Capone

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nagarifle
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Re: Legal Notice

Post by nagarifle » Thu Mar 19, 2009 1:15 pm

i would not worry to much, since its layers notice and not a court notice. the court notice is what is needed for that should show what it is all about. then it becomes legal case.

otherwise its just harassments.
Nagarifle

if you say it can not be done, then you are right, for you, it can not be done.

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Re: Legal Notice

Post by MoA » Fri Mar 20, 2009 11:15 pm

Ashar,

So if I understand correctly:

1. He is claiming he paid you 8L for a 3 L Deal
2. Maintaing the gun
3. Doing a legal deal.

He is very wierd. Good luck in resolving this.

BTW what happened to your .357? Did you finally find a buyer? What did you get instead of it.

Cheers.

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HydNawab
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Re: Legal Notice

Post by HydNawab » Fri Mar 20, 2009 11:40 pm

MoA,

You are spot on about all the 3 points that you mentioned.You know how lawyers are. They try to give false hopes to their clients.Atleast most of them.

Arz kiya hai, Mulaihiza farmaiye.

Paida hua jab wakeel, tou shaitaan ne kaha,
Lo, aaj hum bhi sahab e aulad ho gaye.

Sold the 357 MoA but on the lookout for a very good pistol.Should finalize in a week or so.

Cheers

Ashar
'It takes 43 muscles to frown and 17 to smile, but only 3 for proper trigger squeeze'.

'You can get much farther with a kind word and a gun than you can with a kind word alone.'

-- Al Capone

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Re: Legal Notice

Post by rcdoma » Fri Mar 20, 2009 11:57 pm

Hope you find an excellent pistol to take your mind off this craziness :).

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Re: Legal Notice

Post by MoA » Sat Mar 21, 2009 5:47 am

Look forward to seeing what you get.

Cheers.

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Re: Transaction Dispute

Post by Oggie » Tue Feb 09, 2010 8:42 am

Hey Ashar,

Forgive my immense curiosity - Very interesting read ! What happened finally ?

Cheers,

Oggie

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