[Resolved]  Ss Group — NON REFUND

Address:Gurgaon, Haryana

NON REFUND OF BOOKING

In the SS Group project Almeria at sectot 84 I booked 2000 sq ft First floor no. 10A through Genesis realtypro at a price of Rs.4825 per sq ft on 28th April 2012 by depositing Rs.10 lakh as booking amount through cheques.
The booking application as well as allotment letter dated 9th May 2012 says that in case of delay in payment of instalments interest would be charged @ 18% pa. In case builder refunds your money due to any reason he would pay interest @10% pa. and no where these documents says that in case of cancellation of booking the builder will forfeit your entire booking amount. The builder buyer agreement was never executed wherein there could be any such condition.
The builders printed broucher as well as all the newspaper advertisements claimed that the Almeria project is streached across 7.5 acres i.e. 30000 sq mtr.land for 156 flats in all 3 storyed 26 plots only. But to my utter surprise the project is merely on 3.75 acres and even if the club house of the nearby coralwood project and other facilities are included it does not exceed at all 4.5 acres. Is this is not a misuse of dominant position by giging misleading advertisement by the builder under the competition laws.
When I could not pay further instalment the builder sent reminders and letter of forfeiture in July 2012. Now I have approached the builder personally explaining difficulty in making further payments and the builder officers Mr. Naresh and Ms Ruchika told to surrender the allotment letter in original and the original receipts to process the refund and said the interest overdue of Rs. 1.25 lakhs will be deducted out of the booking amount refund . Having no alternative I submitted the application with the Original documents on 8th October 2012. But to my surprise the builder now on repeated visits said that they have forefeitted entire Rs.10 lakhs and said do whatever you want, no money will be refunded. My pleedings that I had not signed for forefeiture of any amount did not headed any thing. Even Mr. Manoj Shukla and Mr. Sukhbir Singh the Directors refused to hear me.
The SS Group has other projects like The Leaf, Hebiscus, coral wood apart from Almeria. The builder is charging rs. 275 per sq ft for transfer of booking for its hibiscus project and the law firm Khaitan and partners have sent a detailed complaint from the side of the Hebiscus flat owners association which is available on the web site. Kindly help me.
Meenakshi Goyal -Teacher
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Aug 13, 2020
Complaint marked as Resolved 
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    GURGOAN
    Haryana
    India
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