We (used the word 'I' henceforth) applied for a flat in Edencity Maheshtala Project and paid the
application money of Rs 1.00 lac on 26th January 2009. I was
provisionally booked for the Apartment number 802 at 8th Floor of
Tower E3. I was asked to deposit the allotment money and accordingly a
letter of provisional allotment was sent which was dated 10th February
2009. It was indicated that allotment is confirmed only after payment
of allotment moneyThe amount payable as allotment money was
Rs 434924/= payablewithin 45 days of the said letter.
I made an appeal to extend the the time by one month.
But unfortunately suddenly I faced some crisis at home that lead to
some financial loss as well as some commitment of fund for some time
to come to meet the crisis. This has frustrated my whole plan and has
forced me to withdraw myself from proposed investment. I communicated
the same thing over phone to REMAC (their marketing arm) on 24th April (I was out at that
time) which was followed by my mail to remac on 29th April confirming
my telephonic call to them. Since there was no communication from
Remac or Edencity group, I sent a follow-up mail on 25th June 2009,
when I was asked to meet their office for collecting the refund. I met
Ms Prachi at their office on 29th May 2009, when I understood that they
have deducted Rs 49645/= . As per terms of allotment it was supposed to be Rs 25000/=
This has surprised me and I rested this appeal to them to consider reducing
the deductions on grounds. that I have withdrawn and cancelled my booking before payment of the
allotment money. I, therefore presume that they should deduct Rs 25000/=
from the application money as service charge, as written against item
6 of your terms.
But they did not consider my apeal banking on following clause
"Applicants are free to withdraw their application and cancel their
> booking at any time even after issue of allotment letter, but before the
> possession of the apartment is made over. In that event the total deposit of
> installment paid by the allottee will be refunded without any interest and
> after deduction of service charge of 5% (Five percent) of the amount payable
> up to the date of withdrawal or Rs 1,00,000/- (Rupees One Lac only),
> whichever is higher."
I fully disagreed to their arguments for deducting the sum as indicated
by them I again requested them as under for immediate action in refunding
the additional amount of Rs 24645/=
1. The allotment letter dated 10th February 2009 is a provisional
allotment letter and would only come to force after I pay the
allotment money, as indicated against item 10 of their allotment
letter. It also requested me to sign the terms and conditions as token
of acceptance of the contents while sending the allotment money (item
13 of their letter). I did not sign the terms and condition document
nor I paid the allotment money as I preferred to withdrew the booking
by making prayer within reasonable time. As such the clause no. 6 of
their general terms and conditions is not binding on me.
2. This is confirmed by the fact that (a) allotment letter is binding
if I pay the allotment money and I made appeal for withdrawal before
paying the allotment money (b) Terms and conditions are binding if I
sign the same, which I did not as I appealed for cancellation of
booking. Accordingly they should in all reasonableness apply the first
part of the clause 6 i.e. " Upon withdrawal / cancellation of the
booking by the allottee, the money paid by the allottee shall be
refunded to the applicant without any interest after deduction of Rs
25000/= of the application money, towards service charges......" The
second para of the said clause would be applicable only after
allotment money is paid as by then only the allotment is confirmed. In
all justification you cannot apply the clause if allotment is not
confirmed.
I also indicated that while making application I was made to
believe by the marketing persons as well as the wordings the way it
was constructed that if I cancel booking before allotment money is
paid (as by that only allotment is made) I would have to sacrifice rs
25000/=. It was one of the considerations that I had to make before
booking. One has to understand that such clarity as to the probable
loss in case o[censored]ncertain events makes one decide about long term
investment and in this case there is no lack in clarity about the
sacrifice of Rs 25000/= in the specific circumstances as narrated
above. It appears to me that they are making all kinds of arguments
only to snatch as maximum as possible The fact that they are
unjustifiably resting your arguments are established by following
facts:
1. In their letter they have computed 5% on Rs 802386/= as being due to
be payable by me, which is incorrect. As per provisional
letter of allotment which says Rs 434924/= is payable within 45 days
from the date of the letter. It also says that Rs 267462 is payable
(10% of the apartment price) within 21 days of demand. It is clearly
understood such 21 days would count only after allotment money is paid
and accordingly such demand would be raised. But they interpreted the
clauses in your favour so as to extract maximum from the client.
2. This belief is again reinforced from the mail of their CFO who
candidly interpreted that they should have charged 5% on 40% of the
flat value and by not doing so you have charged much less, which he
thinks a great favour to the client. How he can write so? what clause
he applies?
These kind of behaviour is not expected of a reputed
concern like theirs. People keep faith on corporate entities,
particularly in realty sector which has long heritage in deceiving
people. It is expected that a corporate concern would be much more
understanding and pass on maximum benefit.
I rested several l other communication withe them to make them understand the injustice being meted out. But the remained firm on their stand.
So this has made me left with no other option but to seek reedressal. I have all back up supporting papers to substantiate my complaint
With regards
Yours sincerely
Kalyan Debnath & Chhaya Debnath
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