[Resolved]  Ansal API - Sushant Megapolis — Cheating

I booked a plot in Ansal API "Sushant Megapolis" project. The booking was done at Ansal Corporate office located in K G Marg, New Delhi on Feb'06 2012; I paid 2.65 lakhs as booking amount and signed a 2 page booking document. The lady who took my booking (Mansi Malhotra) told me that she will send me Agreement document in two weeks and if after reading the Agreement I decide to cancel the booking, they will deduct the "Earnest Money" and return the rest to me (she told me that earnest money is 20% of booking amount which is approx 52K rupees, Earnest money wasn't defined on booking document). I started following up about the Agreement papers from February but ANSAL didn't respond (I have email communications). Meanwhile they sent second installment request in April. I again inquired about Agreement document and they said its still under preparation and I should send the money to avoid any delay penalty. I paid 2nd installment (Rs 2.81 lakhs) in March 2012.
Again ANSAL sent the request for third installment in May 2012, withotu sending the "Agreement" papers, I emailed them that I am not going to pay until I receive Agreement papers.

Finally they sent the Agreement documents and by looking at it, I decided to get out of it. It had several points which I wasn't told. Here are main points which surprised me -
1. Agreement paper says that I will have to pay extra 12% of basic price (approx 6 lakhs) money to convert the plot from leased to freehold.
2. Earnest money definition is 20% of basic price (approx 11 lakhs). At the time of booking the lady told me that earnest money is 20% of booking money (approx 52K) and only this much will be deducted if I decide to cancel the booking.
3. Agreement doesnt talk about possession. There is no clause about delay penalty that developer will pay if they delay.
4. Agreement says that DEVELOPER (ANSAL) can change plot size, location , direction if they find its necessary for the project and I cant say anything.
5. There are several charges mentioned under "PREMIUM CHARGES" that developer can ask me to pay.
6. Here are few other clauses -
ALTERATIONS IN LAYOUT PLAN
a. That the "PLOT" of land allotted to the ALLOTTEE(S) is based on the approved layout plan but if there is any change of location due to unavoidable circumstances then the ALLOTTEE(S) will accept the equivalent alternative arrangement made by DEVELOPER/SPV without claiming any compensation.

b. That any increase or decrease in the area of plot up to 10% of the original allotted area shall be acceptable to the ALLOTTEE(S) and the price shall be computed at the booking rate. However, in case increase/decrease of the area beyond 10% of the original allotted area, the DEVELOPER/SPV shall have the sole discretion to decide the rate, which shall be binding upon the ALLOTTEE(S) and shall be payable accordingly. In case the particular "PLOT" is omitted or the DEVELOPER/SPV is not able to hand over the "PLOT" to the ALLOTTEE(S), the DEVELOPER/SPV shall be responsible only to refund the actual amount received by it and shall not be liable to pay any compensation or damages or interest thereon whatsoever.

c. ACQUISITION OF LAND BY GOVERNMENT
That at present, there is no subsisting notification or order of the State Government or any other Government or Local Authority regarding acquisition or requisition or otherwise for taking over o the area in which the "PLOT" is located. In case any such development takes place hereafter, the same shall be the cost and risk of the ALLOTTEE(S), who will be bound to carry out and implement all the terms of this Arrangement including payment of outstanding installments and will also thereafter be entitled to receive the compensation paid from the Government/Authority in respect of the "PLOT". The DEVELOPER/SPV will not be responsible or liable in any manner whatsoever on account of any such development.

d. RIGHTS OF DEVELOPER/SPV TO RECOVER INCREASED AMOUNT OF COMPENSATION AND/OR CHARGES LEVIED BY THE GOVERNMENT.
The DEVELOPER/SPV has acquired land directly from the farmers by paying the market price. However there might be certain pieces and parcel of land which might not have been bought by the DEVELOPER/SPV. In terms of the policy of the Government for the development of Hi-Tech Township, such piece or parcel of land falling with Detailed Project Report and the sanctioned Detailed layout plan is to be acquired by the Government for DEVELOPER/SPV and to be handed over to the DEVELOPER/SPV for the development of Hi-Tech Township.

The DEVELOPER/SPV shall have the right to recover any increased amount of compensation payable to Bulandshahar Development Authority, Bulandshahar or any other authorities in future on account of decisions of Courts/Tribunals for the land given to the DEVELOPER/SPV by Bulandshahar Development Authority, Bulandshahar and the same shall be recoverable from the ALLOTTEE(S) of the land as and when intimated to them. The amount shall also include cost of litigation incurred by the DEVELOPER/SPV and/or Bulandshahar Development Authority, Bulandshahar.

Further if any major infrastructure charges such as embankment, ring road, flyover, electricity distribution, metro charges/cess etc. is levied by nodal agency, Uttar Pradesh State Electricity Board or any other Authority(ies) or Local Body(ies) or the state Government during project period, consequent to which the proposed township will directly benefited, the ALLOTTEE(S) shall pay proportionate charges of such infrastructure on pro-rata 38245455basis to the DEVELOPER/SPV, as and when demanded by the DEVELOPER/SPV.

Who in his right mind would sign such an agreement. There are several other clauses which are completely contrary to what their Sales Manager (Maansi) told me at the time of booking. When I talked to Mr. Vikas Jain (AGM- Marketing), he says that either I should sign and send the "Agreement" back or he will forfeit my 5.5 lakh rupees. I am shocked and feel cheated by the way these organizations are trying to make money.
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Aug 13, 2020
Complaint marked as Resolved 
Complaint comments 

Comments

a. The ALLOTTEE(S) has seen and accepted the plans, designs, specifications, which are tentative and the ALLOTTEE(S) is making this application with full knowledge about the layout plans, proposed specifications, and other terms and conditions. However the same may be changed, altered, modified, revised, added, deleted, substituted, or recast as the DEVELOPER/SPV may consider necessary or as directed by the nodal agency and/or as SPV appointed /and Architects) at any time even after layout plans/building plans for the Project are sanctioned.

b. Premium Charges: As per the Hi-Tech township Policy of the government o[censored]ttar Pradesh the land acquired or resumed by the Government for Hi-Tech Township will be on lease hold basis. The DEVELOPOR/SPV has resumed and acquired lands under the Hi-Tech Township Policy of the Government. At the same time, the land has also been directly purchased from land owners without availing any benefits or the concession inbuilt in the policy. Thus both categories of lands have been procured in the project area. Accordingly the ALLOTTEE(S) have options to get the land with the lease hold title for a period of 90 years or an amount equivalent to 12% of the basic sales price on which the plot has been purchased by him shall be payable as freehold charges and this amount will be payable at the time of getting the deed registered along with the possession of the developed land. In case the ALLOTTEE(S) who opt for a lease hold title on the land at the time of registered along with the possession and in such cases, the ALLOTTEE(S) will have to pay the freehold charges @12% of the circle rate or current market value whichever is more at the time of conversion from lease hold right to freehold right on the plot. The first party (the DEVELOPER/SPV) will pay freehold charges as may be demanded by the Government but the ALLOTTEE(S) will pay this money to DEVELOPER/SPV at the time of conversion of the title from lease to free hold as defined herein.

d. NO CANCELLATION OF BOOKING
That the booking/allotment, once made cannot be cancelled by the ALLOTTEE(S). However, the discretion absolutely rests with the DEVELOPER/SPV to allow cancellation subject to forfeiture of Earnest Money.

e. TIME IS THE ESSENSE

In the absence of any notice of demand issued by the DEVELOPER/SPV, it shall be incumbent on the ALLOTTEE(S) to strictly comply with the terms of timely payment and the other terms and conditions of this Arrangement, failing which allotment shall stand cancelled and the entire amount of Earnest Money deposited by him shall be forfeited. In exceptional circumstances, the DEVELOPER/SPV may at its sole absolute discretion condone the delay in payment by charging an interest @ 18% p.a. compounded annually on the amount outstanding.

f. That the "PLOT" of land allotted to the ALLOTTEE(S) is based on the approved layout plan but if there is any change of location due to unavoidable circumstances then the ALLOTTEE(S) will accept the equivalent alternative arrangement made by DEVELOPER/SPV without claiming any compensation.

g. That any increase or decrease in the area of plot up to 10% of the original allotted area shall be acceptable to the ALLOTTEE(S) and the price shall be computed at the booking rate. However, in case increase/decrease of the area beyond 10% of the original allotted area, the DEVELOPER/SPV shall have the sole discretion to decide the rate, which shall be binding upon the ALLOTTEE(S) and shall be payable accordingly. In case the particular "PLOT" is omitted or the DEVELOPER/SPV is not able to hand over the "PLOT" to the ALLOTTEE(S), the DEVELOPER/SPV shall be responsible only to refund the actual amount received by it and shall not be liable to pay any compensation or damages or interest thereon whatsoever.

h. ACQUISITION OF LAND BY GOVERNMENT
That at present, there is no subsisting notification or order of the State Government or any other Government or Local Authority regarding acquisition or requisition or otherwise for taking over o the area in which the "PLOT" is located. In case any such development takes place hereafter, the same shall be the cost and risk of the ALLOTTEE(S), who will be bound to carry out and implement all the terms of this Arrangement including payment of outstanding installments and will also thereafter be entitled to receive the compensation paid from the Government/Authority in respect of the "PLOT". The DEVELOPER/SPV will not be responsible or liable in any manner whatsoever on account of any such development.
i. RIGHTS OF DEVELOPER/SPV TO RECOVER INCREASED AMOUNT OF COMPENSATION AND/OR CHARGES LEVIED BY THE GOVERNMENT.
The DEVELOPER/SPV has acquired land directly from the farmers by paying the market price. However there might be certain pieces and parcel of land which might not have been bought by the DEVELOPER/SPV. In terms of the policy of the Government for the development of Hi-Tech Township, such piece or parcel of land falling with Detailed Project Report and the sanctioned Detailed layout plan is to be acquired by the Government for DEVELOPER/SPV and to be handed over to the DEVELOPER/SPV for the development of Hi-Tech Township.

The DEVELOPER/SPV shall have the right to recover any increased amount of compensation payable to Bulandshahar Development Authority, Bulandshahar or any other authorities in future on account of decisions of Courts/Tribunals for the land given to the DEVELOPER/SPV by Bulandshahar Development Authority, Bulandshahar and the same shall be recoverable from the ALLOTTEE(S) of the land as and when intimated to them. The amount shall also include cost of litigation incurred by the DEVELOPER/SPV and/or Bulandshahar Development Authority, Bulandshahar.

Further if any major infrastructure charges such as embankment, ring road, flyover, electricity distribution, metro charges/cess etc. is levied by nodal agency, Uttar Pradesh State Electricity Board or any other Authority(ies) or Local Body(ies) or the state Government during project period, consequent to which the proposed township will directly benefited, the ALLOTTEE(S) shall pay proportionate charges of such infrastructure on pro-rata 38245455basis to the DEVELOPER/SPV, as and when demanded by the DEVELOPER/SPV.
These are the clauses mentioned on my "Agreement" letter. Who in his right state of mind will sign on such an "Agreement", when I contacted ANSAL managers that I disagree with the agreement, I was told that I will loose 2 installments that I have paid them, if I dont sign and send the "Agreement" back.
FOR SALE in SUSHANTMEGAPOLIS

PLOTS in Sector 5 @ 13400/- PER SQYDS + PREMIUM in RESALE
Ansal being reputed developers should not play foul on pettey issues. Actually taking advantage of emotions of customers who have certain centiments attached to their dream home is not ethical neither it is any healthy business practice.

One such instance in and around Mohali (Punjab) Ansals has unintereptedly increased areas of almost all the units in their extra demand money letters only.Few dwellers raised voice inquiring legality of this increase and asked Ansul to provide authorised plans in relation to deviation of increase if any, where Ansal has absolutly failed to provide any reply.

Not to reply clients querry, seems to be Ansals favourite tactics, but they will have to understand they are also abind to curtomers right to seek full transparency.
We have sent a legal notice to the builder and will soon move to consumer court/competitive commission on this. Thanks for your comment on this post.
Sachinsingh1980's reply, Jan 17, 2018
Please include me in your case. I'm also interested in joining legal battle against ansals.

Thanks
Sachin
[email protected]
Even i agree with you. I booked the flat in 2007 in Ansal API, Doodahera.
I have been cheated by money as well as the huge delayed.

They always does false commitment on the possession date. Moreover, their account statement as well misleads.
I have been charged extra interest on the late fee, which was never my fault. they didn't told me about the pending amount.
And more over once i paid everything, they put less amount in my statement and keep on putting extra interest on the principle.
I am feeling betrayed. Also, They dont give you in writing on emails or other way. so that you dont have any proof at the end.
Dear,
Sushil Ansal can kill people for blood Uphaar...this is just money.
people like these have no ethics or any regret, they just want to feed on common man.
Even the newer generation of his clan -Pranav ansal is of same breed and virtues. Easily one of the most unethical and incompetent builders around...such a fall from grace!
Did you try for CCI. See article below.?

http://articles.economictimes.indiatimes.com/[protected]/news/36148853_1_compat-projects-dlf-park-palace
guys please help a way out...i m feeling trapped...siddhartha.[protected]@gmail.com
Guys, I am planning to initiate a legal consumer court case against Ansal. I sent them a legal notice and brought them to CREDAI for negation but they continued with their denial attitude. I am filing a case in consumer court. Please contact me at [protected]@gmail.com, so that we can unite and make a stronger case.
Nimisha_comsumer's reply, Sep 20, 2021
Hello Sir, I m also interested to file case against Ansal. So please involve me in this legal battle.
.The project is a scan in itself.-They dont have the land yet-The connectivity has been pending for 6 years and would take another 6 years.-The diverted funds are being used in other projects-The project is under dispute from various factions - environment ministry, villagers and investers.-They can cancel your allotment in case they are unable to acquire land without giving any reason and pay no interestFor
Details :
http://www.indianrealestateforum.com/real-estate-greater-noida/t-ansal-megapolis...
Hello,

Kindly contact me in case of fighting legal battle against M/s Ansal API

Regards,

Harsh Parekh
Advocate
Email : [protected]@gmail.com
[protected] (M)
Vikash Bhushan's reply, Oct 13, 2016
Respeced Sir, I have .booked a 86 sq.yard plot in 10A of DA-III Plots on 03/02/12.so far I have paid 35% (4, 56, 622)of total cost.till now there is nil development in DA-III, ANSAL HI - TECH TOWNSHIPS.Thats why I worried about my hard earned money.u are requested to give me details about letest delvolopment in project, site visit arragment, money refund policy.please take this mail seriously. Thanks and regards. FROM KUMAR VIKASH BHUSHAN.mob.9716267902, 8427820141
Sachinsingh1980's reply, Jan 17, 2018
Hi
I'm interested in joining legal battle against ansals.
Kindly advise.

Thanks
Sachin
[email protected]
Respeced Sir, I have .booked a 86 sq.yard plot in 10A of DA-III Plots on 03/02/12.so far I have paid 35% (4, 56, 622)of total cost.till now there is nil development in DA-III, ANSAL HI - TECH TOWNSHIPS.Thats why I worried about my hard earned money.u are requested to give me details about letest delvolopment in project, site visit arragment, money refund policy.please take this mail seriously. Thanks and regards. FROM KUMAR VIKASH BHUSHAN.mob.[protected], [protected](Wats up)all buyer pz be united to get our matter resolved.
Hi,

Yogesh here, I read the comments on ansals flat cancellation, even I had booked the flat with them and have cancelled it but from past 5 months no response from them. Please suggest me what you did.
I have talked with a lawyer and he is going to send them a notice.

Regards,
Yogesh,
Cell:[protected]
HI

I had also booked a flat in Ansal API Sushant Megapolies Greater NOIDA. But there is no construction..I also want to become a party to the case filed against Ansal API.

Regards
Sandeep Gupta
Mobile [protected]
I have also booked my plot in DA3 but no feedback
Hi
I can see that im quite late in reacting but still I want to be part if legal case against ansals as I have also bought a plot and paid around 10lacs to ansals in year 2012 but till date nothing has happe ed and now they are forcing me to switch this money to some other 3rd party builders apartment project. They are clearly saying that company don't have any money to refund my deposited amount and changing my plot to some 3rd party builders apartment is the only option.
Please let me know if someone is already fighting a legal case against them as I also want to join.
Thanks
Sachin Singh
[protected]@outlook.com
I want to contact with person of Project ANSAL API SUSHANT LOL Adjoining Greater Noida.

They are cheaters we know but the thing how we recover our money .. Please suggest.

Please help here

my email [protected]@gmail.com
Any update on this project, I have invested more than 14 Lacs in this project for Plot in DA 2, Every time Mr. Solanki from CRM team assures that DA 2 is ok and we should soon get update but useless.

Any leed will help how to recover or divert this huge money stuck with builder.
I also booked a flat Freesia in Shushant Megapolis, Greater Noida in 2012. Would like to join legal battle against Ansal, please help. My email address is vlrenga.[protected]@gmail.com

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