[Resolved]  Zestha Developers Limited — Non refund of advance booking amount on account of cancellation of my booking

Subject : Housing Development company
> Business : Zestha Developers Ltd.
> Individual : Himanshu Agarwal
> Address : F-436, Sec-63,
> City : Noida
> State :
> Zip : 201301
> Phone :[protected]
> Complaint: I had booked one 2BHK flat with M/s Zestha Developers Ltd,
> Noida in their Platinum Towers project in Rudrapur (Uttarakhand) in
> November''2006 paying 10% advance sum.The Bhoomi Poojan and formal
launch > was done in Jan''07. The expected time of completion was 18
months.
> In June''07, I was provided a copy of the Buyer''s
agreement. I pointed out to some serious flaws in the document & requested M/s Zestha to
> correct those anomalies. These anomalies were explained to the
> representative who came to meet me with the agreement. He promised to
> revisit those points and come back. But despite reminders by e-mail,
> nothing happend.

In October''07, I received the demand letter for payment
> from the company. I replied that I intend to take home loan for this
> property for which I need the corrected Buyer''s agreement but
they did not bother to act. Then there were some communication exchanges which
> clearly reflected the unprofessional and serious lack of concern towards
> customers and deficiency in services.

In Nov''07, I visited the construction site myself and found that the construction was very slow and
> was much below my expectation.
In Dec''07, I personally visited the Head office of the company in Noida to meet the senior management. But there I was told that only MD can take any call on any subject and he was on some
> business travel. This proved to be last straw on camel''s back. I
> immediately submitted the letter for cancellation of my booking and got
> the received from the office staff on the duplicate copy. After a week, I
> spoke to MD (Himanshu Agarwal) and requested him to cancel this booking
> and refund my advance payment as I was not happy with the quality of their
> services and most of all poor or no response to my demands for correction
> in the agreement. He agreed to refund the advance but despite chasing him
> for next 2 months, nothing moved. Finally, he blatantly told me to do
> whatever I can to get the advance back. I was shocked by these comments.
> Subsequently there were some more mail exchanges
during which he clearly threatened to forefeit my advance deposit in case I persist with my demand
> for cancellation of the booking.During this period, I wrote to CREDAI,
> Delhi for professional help. They requested me to send a copy of the
> Buyer''s agreement etc. As per them, this agreement is
technically wrong and I should not sign it up and also I should get out of this project at
> the earliest.
>
> I am not interested in continuing any relationship with this company. It
> has been more than 2 years since I booked this flat and almost the
> same time has elapsed since the launch of the project also but the
> construction status shown even on their website shows the slow progress.
> Over and above this I am highly dissatisfied with their services and hence
> want to get my refund of my advance payment made towards this flat.
>