[Resolved]  Lodha Dwellers Pvt. Ltd. — Booking of Residential Flat

Address:Mumbai Suburban, Maharashtra

Dear Sir,

I am very much annoyed with the behaviour of Lodha’s people. I had booked one flat in Jan-2010 and these people had not given any single document like building plans, permissions etc. They had also collected 20% of the total cost of the flat and car parking amount also from me. Now they are asking for the signing of the agreement wherein the clauses are unilateral. The copy of the agreement is enclosed herewith. They had also taken cheque for car parking in some other name. Recently, they had issued the allotment letter and had extended the date of the completion of the flats from Apr-2011 to Sept-2011 with a grace period of 12 months. The series of mail communications is given in the trailing mail.


Kindly advise the remedies available to me in such a situation.

Thanks
Vijay Agrawal
Cell No. [protected]
Was this information helpful?
No (1)
Yes (0)
Aug 13, 2020
Complaint marked as Resolved 
Complaint comments 

Comments

When I have gone to drop installment to Lodha site office, I refused to make any payment other than in the name of Lodha Dwellers, (The marketing manager wanted some amount to be paid in some other name which will be towards parking charges), Please note this making payment in some other name (i.e . drawing cheque in some other name other than Lodha Group) is unacceptable to me.
Please suggest options!

Deepak
[protected]
Dear Deepak,

"Developers cannot sell open spaces and stilt areas in their buildings as these are meant for common use and form part of the flats"...

Supreme Court Ruling

This clarifies and puts to rest everything on open parking as regards payment
for parking space in the future, as it is a SC ruling.

People who have paid will be entitled to a refund for sure, the Lodha's are a bit
too big not to comply.

J Braganza
There is already a group where investors are trying to unite and meet on 20th Nov...to discuss all issues and visit office collectively...If needed, we can approach media as well...

Join - -- [protected]@googlegroups.com
I HAVE BOOKED IN CASA RIO -DOMBIVILI. THEY DO NOT DISCLOSE THE APPROVALS AT THE TIME OF BOOKING. THEY TAKE AROUND 20% AND LATER CALL FOR REGISTRATION.
ALL THE CLAUSE, T /C ARE ONE SIDED AND IT FAVOURS ONLY TO BUILER. THEY TAKE THE GRACE PERIOD 12 MONTHS FROM THEIR EXTENDED TIME . BUT IF THE BUYER DELAY THE INSTALMENT FOR ONE DAY, THEY CHARGE PENALTY @0.049% PER DAY!!!.
THIS IS REDICULAOUS AND BUILDER-POLITICIAN-BROKER LOBBY IS VERY POWERFUL.

A POOR HOUSE HUNTER CANNOT DO UNLESS HE HAS MASS SUPPORT AND VOICE.

NONE OF THE GOOD BUILDER LEVY PENALTY FOR THE DELAY OF 2-3 DAYS THAT TOO FOR THE FIRST INSTALLMETN.

CAN ANY ONE PLEASE ADVISE, WHAT IS THE REMEDY WE HAVE IF THEY FAIL TO GIVE THE REQUIRED APPROVAL AT THE TIME OF AGREEMENT. ???

THEY HAVE THE MUSCLE AND MONEY POWER TO BY PASS ALL THE LAWS.
ME TOO VICTIM IN CASA RIO. I BOOKED IN GOOD FAITH. NOW IT IS NIGHTMARE.
LET COMMON BUYERS IN MUMBAI, UNITE TOGETHER AND DRAG THEM TO COURT
THRU POWERFUL DRIVING FORCES.
THEY KEEP TRAP ON POOR BUYERS. THEY UTILISE BUYERS MONEY WITHOUT ANY OUTPUT MINIMUM 12-15 MONTHS. JUST IMAGINE, HOW MANY BILLIONS THEY MAKE.
LODHA DWELLERS ARE CUNNING.
I am very much annoyed with the behaviour of Lodha’s people. I had booked one flat in Jan-2010 in Casa Bella Gold and these people had not given any single document like building plans, permissions etc. They had also collected 20% of the total cost of the flat and car parking amount also from me. Agreement clauses are all unilateral. They had also taken cheque for car parking in some other name. Recently, they had issued the allotment letter and had extended the date of the completion of the flats from Apr-2011 to Sept-2011 with a grace period of 12 months.

Kindly advise the remedies available to me in such a situation.

There customer care no always comes busy and one cannot contact them before waiting for 10-15 min on phone.

Sujit Chaurasia

Cell: +[protected]
Its high time people unite and fight against the so called might Lodhas. There is no clear communication as to what is happening on the flat that a customer books. Can Lodhas explain as to why they are asking for a cheque under a third party's name for parking. Open parking is something that the builder cannot charge us for. The supreme court ruling is quite clear but even then they are managing to loot the consumers. I believe even the government is aware of these practice which the builders use to garner some quick bucks. It is utterly disgraceful the way Lodhas are treating their customers. I hope we all unite under a common platform and make our voices heard.
AGREE
how to join [protected]@googlegropu.com me to book in casa bella gold dombivali
WE HAVE ALSO BOOKED THE HOUSE WITH THEM AT DOMBIVILI AND HAVING TO CALL THEM THOUSANDS TIMES AND BEING TOLD THAT THEIR SYSTEMS ARE DOWN, THEY DEPOSITED THE CHEQUE LATE BY 10 DAYS AND ASKING US TO PAY LATE CHARGES OF INR 32.00(A JOKE!!!), THE CUSTOMER CARE NUMBER IS NEVER PICKED AND THEN PICKED BY SOME OF THE EXECUTIVES WHO CANT EVEN SPEAK IN ENGLISH AND REFUSE TO GIVE ANY INFORMATION, AND IF YOU ASK TO SPEAK WITH ANY SENIORS THEY DONT GIVE EVEN THEIR NAME OR CALL THEM ON LINE OR PASS THE PHONE TO THEM.

FRUSTRATING DEALING WITH THEM...Neeru Pandey
I have taken up the issue of their one sided agreement as follows-


Please refer my e-mail dated 24/1/11, copy enclosed. You have denied me the draft agreement which you are asking me to sign today the 22/6/11.
I strongly object to following clauses in the agreement as the same are totally contrary to the model agreement given under MOFA. Not only the agreement violates MOFA, it totally one sided agreement in your favour.Hence violates equity and fair play and contravenes the provisions of the India Contract Act. Below I am citing some of such clauses-

1. The definitions in para 1, sub clause E to H, K, M, N are unnecessary as all these words are well defined in the General clauses Act & some of the words like carpet area, common areas are defined under MOFA. Hence such interpretations are with ulterior motive & mala fide intensions and are not acceptable.
Para3- I, as a purchaser has not been informed about the details as stated in paras (a) to (d) in fact I have specifically asked vide my e-mail dated dated 24/1/11 as follows
List of amenities- Kindly let us know the name of the leading lift manufacturer whose lift will be installed in Atlantica B building, make of the ceramic tiles, brand name/ make and capacity of the a/c which will be installed in our flat. You have not reverted back on this. Kindly specify the details. Hence I do not agree to para 3 of the agreement as you have not made the required disclosures to me.

2. Para 3.2, page 7---- I am not satisfied with the title of the property and I do not waive of my rights for the same.
Para 4.3- It is stated that you can not enhance the price after the sale has been done on 12/12/10, hence I do not agree for 10% increase in the cost of the flat. I had made this objection in my e-mail dated 24/1/11 as-- Paragraph 13- Kindly give the details of existing costings and the builder/ promoter profit margins, the allottee will not be responsible to any cost escalations as the costing has been decided by the builder/ promoter himself. The allottee cannot be burdened with addition costs due to negligence of the builder or the building sanctioning authority. If I had known that I will be asked for enhanced amounts other than as agreed at the time of sale I would not have booked this flat.

3. Para 5.1 page 8---As per this para building plans have not yet been sanctioned, if the same had been sanctioned then there is no requirement of this clause.

4. Para 5.2 page 9--- I do not like to give a blanket consent nor waive of my right to object to the builder if he wants to build more floors after the building is occupied by me and Occupation & completion certificates have been obtained.


5. Para5.4 Page 10---I do not agree to the clause . The builder can not cause any nuisance and annoyance after I have occupied the flat.

6. Para 5.5 page 10--- The builder has to transfer the building to the society as per the statutory provisions, he can not violate the statutory provisions under this clause. I can not waive of my statutory rights under this clause.

7. Para 6 page 10---- This clause is not clear, it will be agreed to if the builder enters into a tripartite agreement with the bank & me. All payments will be made to the builder as I am entering into an agreement with him not with any third party.

8. Para 8 page 12—Car parking. MOFA has given clear guidelines on this issue and I will not waive off my statutory rights under this clause.


9. Para 9 page 12---Registration—You have fixed the date for the same on 22/6/11 and want to charge me Rs7000/- for it, hence this clause is not under stood. Kindly let me know why you will be charging me Rs7000/- for this service. Kindly provide me the break up for the amount you are charging.

10. Para 10 page 12 &13 –Possession—Possession should be given to me on or before July 2013 as per your allotment letter dated 12.1.11. This is the date chosen by you. If there is a single day delay I should be given 18% interest for the delay for the amount paid to you. I cannot give any grace period to you. The law on this issue is very clear, if there delay the builder has to compensate the purchaser. Hence delete these clauses as they have no meaning in view of the various case laws on this issue & settled position of law. I will seek necessary compensation from the court for the delay hence clause 10.3 on page 13 is totally irrelevant and not agreed to.


11. Para 10.4 page 13—This clause is not clear, it is likely that the builder does not have clear title to the land where the building is being constructed or has not received approved plans and the CC for construction.

12. Para 10.5 page 13 & 14—I do not agree to any of these clauses it appears that the builder is not organized, he may face economic hard ships. The builder has not yet received the necessary approvals for the building.


13. Pare 10.6 page 14---This clause clearly brings out the one sided agreement, if the builder is willing to pay me the rate as specified in this clause for not giving me the possession on time, I will agree to this clause otherwise it is totally one sided. All these issues have been taken up with the builder vide my e-mail dated 24.1.11, which the builder has not replied.

14. Para 11 page 14—Defect liability---The builder cannot limit the defect liability to a figure below one lac only.The defect will be rectified at his risk & cost.


15. Para 13 page 15---Ultimate organization----The builder is required to transfer the building & property to the society as per the statutory provisions. Hence the clauses which are not in accordance with the statutory provisions are not in order. Hence as a purchaser I can not waive of the rights of the society after its formation. The society will function as per the model bye laws, the builder can not interfere in its functioning. The bye laws of the society will define the common areas and the facilities as per model bye law clause xxii refers. It is for the AGM/elected members of the society to decide the name of the society as a purchaser I can not tell what will be the name of the society. I can not give any commitment in this agreement regarding such issues and waive of my rights or the society’s rights.

16. Para 14 page 16—Facility management—These issues will be decided by the society and I can not waive off any of my statutory rights as an allotee.The clause is totally in the favour of the builder wherein he wants to control the FMC but is not ready to accept any responsibility. As a purchaser, if I am paying for services, the same should be satisfactory. As a purchaser I am not aware what is stated in para 14 on page 17 regarding builder is not in the business of providing services proposed to be provided by FMC or through FMC.


17. Para 15.2 Page 17—Restricted areas and amenities----The society will take decision on functioning of the club, as a purchaser I cannot agree to this clause.

18. Para 16 Page 18—Contributions, charges and expenses----The society will take decision on Contributions, charges and expenses as per the Bye laws. As a purchaser I cannot agree to this clause. It may be mentioned here that at the time of purchase. The builder must have taken into account inflation and other charges for providing the club facilities. On the representation during sale I opted for the flat including the club facilities. The builder cannot at this stage ask for more amount for the club.

19. Para 18(o) page 22--- The builder cannot put such restrictive clause, in this regard my below e-mail dated 24.1.11 refers. The builder/ promoter cannot put such restrictions on the allottee as long as the allottee pays him for the flat on time. There is no requirement for a NOC from the builder/ promoter the allottee can assign his interest in the flat to anybody any time with the consent of the builder/ promoter.

20. Para 20 page 23---- Default, termination and liquidated damages----If a purchaser violates any of the clauses given in the agreement and as stated in this letter, which are totally unreasonable and violates the provisions of MOFA/ any other statute. The termination of the agreement will be total illegal and none of the provisions given under para 20 of the agreement will be applicable. The builder in such a case in liable for damages and refund of full amount with 18% interest to the purchaser.

21. Para 21 page 25-----I have clarified the issue regarding appointment of the Arbitrator in my e-mail dated 24.1.11 as The arbitration clause is totally prejudicial to the interest of the allottee as this clause permits the builder/ promoter to appoint his own arbitrator, this is totally against the rules of natural justice as the arbitrator will act as a judge in its own cause on behalf of the builder/ promoter as he will be paid by him. Hence the arbitrator should be a neutral person. Both i.e. the allottee and the builder should mutually agree for his appointment, so that the arbitration award is free from any biased and prejudices. Hence this clause should be amended that the arbitrator will be appointed by the allottee and builder/ promoter not by builder/ promoter alone as mentioned in this clause.

22. Annexure 2---In this annexure various Lodha Group of companies are mentioned namely Lodha Construction( Dombivali), Lodha Pinnacle Build Tech and farms Pvt. Ltd. Kindly let me know what is the holdings of each company and the details of directors. What is the relationship between the above company and Lodha Dwellers Pvt Ltd. In sub clause (v) of the annexure it is stated that legal proceedings have been instituted, Can you please give me the details of the legal proceedings? Please give me the copies of the mortgage deeds as mentioned in sub clause vi to viii. In the fifth schedule on page 53 there is mention of special suit no. 231/2010 before Civil Judge Senior Division Kalyan – please give me the details of this case.

23. In annexure 10—There is mention of the amenities which will be provided, however the same are vague as it mentions –Lifts from leading manufacturer, Jaguar* fittings and parry ware*/ Roca ( or equivalent as per discretion of the designers)---- Can you please mention the equivalent of both these fittings. You have not given the capacity of the A/C and its brand name.

24. In annexure 11---This annexure talks about society charges, can you please let me know how Rs 3.31 per sq. ft. has been worked out. Why Rs20000/- is being charged for registration of the Ultimate Organisation—Can you please give me the breakup of this amount. The other charges mentioned in this annexure are legal charges of Rs20000/-, Rs 40000/- for electricity, water etc.Rs119.28 p per sq . ft. for infrastructure/ civil governance charges – Kindly give me the details of these charges.Club membership should be on voluntarily basis not mandatory. The same was objected vide my e-mail dated 24/1/11 as Please give me the details of the maintenance charges, what amenities will be provided in the civil governance. You are charging Rs 20000/- as legal fees, being a lawyer myself, please give the details of the legal fees. Kindly give me the details of the expenditure for getting a electric & water connection for the flat from the Govt. agencies. Give me the details of the expenditure which you will incur for registering the society of the Atlantica B building, we are ready and willing to pay the necessary charges for the facilities ( water, electricity charges, fees for society registration etc) to the Govt. agencies.

25. Pages 60 to 90 of the agreement are not legible and not under stood.

26. Para 22 page 25—As stated above most of the clauses are invalid and illegal. Hence is whole agreement is not as per the model agreement given in the MOFA. In view of the above, I will request you to remove all the provisions which are not in order as delineated above.

27. In view of the above and in accordance with para 24 on page 26 of the agreement, it is requested that this e-mail may be considered as per of the agreement and signed by the builder as per the clause ibid and made part of the agreement if the builder does not want to modify the clauses as stated in the above paras.


A victim of Lodha
Lets file a prition in the Court

Pragathi b Malle
Legal officer
[protected]
HAVE BOOKED A FLAT IN CASA RIO -GOLD IN THE MONTH OF OCTOBER 2011 BY PAYING A TOKEN AMOUNT ON THE ASSURANCE OF THE A SALES REPRESENTATIVE THAT CONSTRUCTION WILL BE COMPLETED AND POSSESSION WILL BE GIVEN BY 13TH SEPTEMEBR, 2013. WITHIN A PERIOD OF 42 DAY FROM 1ST OCTOBER, 2011 THEY HAVE TAKEN TWO INSTALLMENTS AND KEEP ON SAYING THAT THE REGISTRATION WILL BE STARTED FROM THE MONTH OF JANUARY, 12. IN DEC 2011 AGAIN THEY SENT A LETTER FOR PAYING THE RGISTRATION AMOUNT IN ADVANCE AS THEY STAMP DUTY MIGHT INCREASED IN 2012. ACCORDINGLY, I HAD ALSO MADE A PAYMENT OF THAT. HOWVER, THE REGISTRATION IS NOT YET STARTED FOR THE FLAT HAVE BOOKED IN THE BUILDING CALLED ERWINA. ON 15TH MARCH, 2012 HAVE RECEIVED A LETTER DATED 28TH FEBRUARY, 2012 FROMLODHA STATING THAT UI HAVE TO MADE A OAYMENT OF 12662/- TOWARDS EXCESS SERVICE TAX WIHTNH 15 DAYS FROMTHE DATE OF THE LETTER I.E 28TH FEB, 2012 FAILING WHIXCH HAVE TO MAKE A PAYMENTS ON INTEREST AND ETC. SHICKINGLY, HAVE RECEIVED THE LETTER ON THE 15TH DAY OF THE LETTTER DATE. HAVE BEEN CALLING THE CUSTOMER CARE MANAGER, SINCE MORNING BUT NO RESPONSE. SHE NEVER CALLS US AND GIVE US ANY UPDATES. HAVE CALLED HER ON 1ST OR 2ND MARCH, 2012 FOR INQUIRING THE DATE OF REGISATION. hOWBER EVEN AT THAT POINT SHE DINT TWELL ME ANYTHING ABOUT THE PAYMENT OF THE ADDITIONAL SERVICE TAX. IAMANNOYED BY THE SERVICES AND REGERET BOOKING FLAT IN THE LODHA.
Have booked flat in CASA BELLA in Feb 2009. Construction has been started in September 2011 and suddenly got the demand letter from the Lodha after a long gap. Once I made payment delayed by 10 dayes, they deducted late payment charge of Rs 78, 000 from the date of booking, from the amount paid towards the installment for the demand, that came after a long gap of 2.5 year. Still moving around the Lodha office at Mahalaxmi. When asking to relationship manager, they are saying, my issue is pending at management.

In casa bella, they don't have approval to construct above 11th floor, but they keep sending demand letter for the above slab. When bank was not ready to disburse the loan for the slab above 11th floor because Lodha has no approval to construct above 11th floor, they start sending letter asking for the interest even they are not able to get approval.
Lodha are Cheaters No.1 realty developers in the country!!!

I had similar experience with them and suggest they are the worst than any small scale builders even.

Post your Comment

    I want to submit Complaint Positive Review Neutral Comment
    code
    By clicking Submit you agree to our Terms of Use
    Submit

    Contact Information

    Navi Mumbai
    Maharashtra
    India
    File a Complaint