Sir,

I, Saurabh Mitra, son of Sri Rajat Kanti Mitra at present residing at 23, M.N.Sen Lane under P.S. Regent Park, Kolkata- 700040, like to draw your kind attention to the following facts and accordingly seek your timely intervention and proper steps into the matter:-

I like to let you know that sometimes in the middle part of the year 2008, I was in search of a flat for proper accommodation for myself and my family and during the course of such search, I got one information that the owners of the premises being no. 34, Mahendra Nath Sen Lane, are developing their property through one M/s A.P.Construction being a Proprietorship Firm represented by its Proprietress Smt Dolly Saha, wife of Sri Subhankar Saha having its office at 27/6, K.M.Naskar Road,Kolkata-700040 and thus erecting one building over the Premises-in question containing several self contained flats.

I further like to let you know that accordingly I had been to the place of the aforesaid Smt Dolly Saha being the Proprietress of M/s A.P.Construction and during the course of our conversation it was intimated to me that a flat in or portion of the Apartment being unit no. D-1 on the Second Floor of the Building under construction admeasuring about 700 sq ft super built up area is lying vacant and accordingly I caused inspection in respect of the relevant documents being supplied to me from the end of the said M/s A.P.Construction including Title Deed, Developer’s Agreement, General Power of Attorney in favour of the Developer etc. Being mentioned here that all such conversation regarding purchase of the Flat-in question was made in between myself and the developer Smt Dolly Saha and her husband Sri Subhankar Saha also took active part in such conversation and the impression was given to me that although the proprietorship in respect of M/s A.P.Construction stands in the name of Smt Dolly Saha, her husband Sri Subhankar Saha actually involved in day to day running the business-in-question.Till such time, during any early conversation and/or deal with Smt Dolly Saha, Sri Subhankar Saha all through made himself present and practically Smt Dolly Saha used to work as per Sri Subhankar Saha’s direction.

However since the documents so supplied to me were apparently satisfactory, I agreed to purchase the aforesaid flat-in-question at a marketable consideration of Rs 10,00,000/- and thus being insisted by the aforesaid Smt Dolly Saha and Sri Subhankar Saha, I entered into an Agreement of Sale dated 22.10.08 for purchasing the flat-in-question and the said agreement was a tripartite agreement wherein myself, the owners of the property-in-question and the developer herself was the party. And it will not be out of the place to mention here that during execution of such Agreement for Sale dated 22.10.08, the said Smt Dolly Saha had put her signature thereon as developer as well as the Constituted Attorney for the owners of the Premises-in-question. And I also put my signature thereon as purchaser. And upon execution of the said Agreement, I had parted with a sum of Rs 2,00,000/- in favour of M/s A.P.Construction (towards part consideration in respect of the same flat) against a proper receipt dated 20/10/08 duly issued and signed by Smt Dolly Saha.

I like to inform you that subsequently I had applied for a Bank Loan before the State Bank of India for purchasing the Flat-in-question and accordingly being satisfied with the documents supplied by me as well as considering my profile, the said Home Loan was duly granted in my favour and thus a further payment of Rs 7,00,000/- has been made directly in favour of M/s A.P.Construction by the concerned bank on 04/02/09 and accordingly the said M/s A.P.Construction and its proprietress and representative i.e. Smt Dolly Saha and her husband Sri Subhankar Saha have already realized a huge amount of Rs 9,00,000/- from me.

It was further agreed amongst myself and Smt Dolly Saha and Sri Subhankar Saha that the balance consideration i.e. Rs 1,00,000/- would be paid by me in favour of M/s A.P.Construction on the very date of execution of Deed of Conveyance in my favour in respect of the flat-in-question.

The construction in respect of the flat-in-question has almost been completed except some minor job and being asked by the said Smt Dolly Saha and Sri Subhankar Saha, I have already installed Electric Meter by CESC Ltd in the said flat-in-question stands in my name. And it was given assurance to me that the delivery of possession in respect of the flat-in-question would be made in my favour within a stipulated period of time. And since thereafter the said Smt Dolly Saha and Sri Subhankar Saha started avoiding me as well as the delivery of possession in respect of the said flat on different flimsy pretext and went on assuring me that delivery of possession and execution of Sale Deed in respect of the said flat would be made in my favour within a short span of time. Be it mention here that I had also contacted the owners of the premises and further had requested them for early execution of Registered Deed of Conveyance in my favour and they had also assured me for an early execution of the same.

It is surprising enough that despite the above, the aforesaid Smt Dolly Saha and Sri Subhankar Saha have surprisingly delivered the possession of my flat to a third party in violation of the terms embodied in the Agreement dated 22.10.08 and after gathering the knowledge regarding the same, I had been to the place of said Smt Dolly Saha and Sri Subhankar Saha as well as to the place of the owners of the premises –in-question and accordingly had asked them regarding such illegal and fraudulent delivery of possession in respect of my flat to a third party. But they have given some evasive replies to me. And further have failed to give any justified reply in respect of their such illegal activities.

Apprehending any legal measures being taken by me against their illegal activities, the owners of the premises and the said Smt Dolly Saha and her husband Sri Subhankar Saha have also filed a collusive Civil Suit to avoid their Criminal Liability.

Now I came to realize that the said Smt Dolly Saha, her husband Sri Subhankar Saha as well as the owners of the premises-in-question never had an intention to deliver the possession of the flat-in-question in my favour and in collusion with each other they have hatched one criminal conspiracy amongst themselves and accordingly have induced me to enter into a purported Agreement dated 22.10.08 and thus further compelled me to part with a huge sum of Rs 9,00,000/- in favour of M/s A.P.Construction and subsequently in violation of the terms embodied in the said agreement, have delivered the possession of the said flat together with the Electric Meter stands in my name, to a third party and thus have duped, deceived and cheated me in respect of a sum amounting to Rs 9,00,000/- and be it mentioned here that I have to make payment of the EMI to the bank against bank loan without getting the possession of the flat-in-question. I had no knowledge regarding the aforesaid Smt Dolly Saha and Sri Subhankar Saha as well as the owners of the premises-in-question. Otherwise, I positively would not have parted with such huge amount of money in favour of M/s A.P.Construction.

In view of the above facts and circumstances, I most humbly pray before your good office to take stern legal action against the aforesaid M/s A.P.Construction including its proprietress and representative namely Smt Dolly Saha and Sri Subhankar Saha(Mob: 9831124432) and the owners of the premises-in-question namely Sri Prasanta Mondal(Mob: 9433270685) and twelve others for commission of cheating, fraud and criminal breach of trust and further kindly take appropriate measure for the delivery of possession of the said flat in my favour from their unlawful possession.

Thanking you in anticipation.

Yours Faithfully,


(Saurabh Mitra)

Mob: 9007105852