Ghaziabad Development Authority [GDA] — Delay in project and non refunding money

Address:	Gautam Buddh Nagar, Uttar Pradesh, 201301
Website:	www.assotechlimited.com

To, date-12/07/2016
Sh. vijay kumar yadav,
Vice chairman,
Ghaziabad developmental authority,
Ghaziabad, uttar pradesh.

I, nitin chauhan a resident of indrapuram ghaziabad by this application want to convey information regarding a grave fraudulent activity that has been done by a company named assotech ltd. which falls under your jurisdiction to investigate.

I had purchased a flat (number: f-014) from assotech ltd – a-12, sector 24, noida (pin: 201301) under their project named the nest – flexi homes, ghaziabad on march 2012. further this flat was allotted to me vide allotment letter no: 1292 dated: 28/09/2012 (copy enclosed with annexure-1). the said company had to give possession of the flat on or before 31.12.14 which has not been given so far. it has been more than 4 years now & the date of providing possession is also long gone. however instead of either giving me the possession of my flat or compensating me my invested amount the officials of assotech firstly tried to ignore me and asked for various extensions, but now they are now telling me that they have not even acquired permission from ghaziabad developmental authority (gda) for the particular tower. thus, now the company assotech is asking me for more money when i have already paid a substantial amount i was entitled to pay in accordance with the allotment letter.

The management of said company comprising of sanjeev srivastava managing director with connivance, with other director and employs with intent to deceive, to gain undue advantage to injure interest of creditors have misappropriated & embezzled funds aggregating rs. 64, 70, 69, 550/- and have committed fraud with public.

According to a very reliable source of mine, the owner of assotech ltd, is planning to flee the country wherein he is in gross violation of the recent “real estate (regulation and development) act 2016” according to which:
‘separate bank account to deposit amount realised from allottees:

(a) open a separate account in scheduled bank to deposit 70%of all the realizations from allottees from time to time to be used for the project only on the proportionate percentage of completion basis.’

However, the owner of the aforesaid company under mala fide intention is trying to pilfer all our hard earned money.
In order to reaffirm as to what i have claimed, i would also like to inform you that this fraudulent company has charged an amount of 64, 70, 69, 550/- till now and sold 371 flats (documents of the same enclosed with annexure-2) under the name of same project. however even the construction of these flats is not yet completed.

Therefore assotech has not only deceived me but many more, from whom they have charged a good substantial amount from each purchaser promising flats to all of them. however like me, none of them have got the possession of their flats yet. thus a fraud of 64, 70, 59, 550/- has been done by assotech. they have been dodging the purchasers till now and also are misapplying their hard earned money. since you can see even after charging this huge amount from us, no work had progressed; no construction of our tower has even begun. but instead, the assotech amd is asking for more money.

It also needs to be noted that u/s 14 (3); u/s 18 & u/s 19 (4) of the aforesaid act that, the allottee shall be entitled to claim the refund of amount paid along with interest and compensation, from the promoter, of the promoter fails to comply or is unable to give possession of the apartment, plot or building as the case maybe, in accordance with the terms of agreement for sale or due to discontinuance of his business as a developer on account of suspension or revocation of his registration.

M/s assotech ltd, management assotech ltd, have transferred/syfined all funds recovered from honest investors for the said project to their other company namely assotech realty ltd, and they have launched other projects, assotech projects creta, in sector 135 noida on the basis whereof again they are befooling the public and collecting the money. photograph of their advertisement in this context is enclosed herein.

As it is very clear from the aforesaid facts, the company assotech ltd. has no intention whatsoever of handing over the possession of the flat, keeping on this mind i have already filed an fir against the fraudulent company. therefore, i urge you to take immediate action against this fraudulent company, by investigating about the under the various sections of real estate (regulation & development) act 2016. i am also attaching all documents necessary which would work documentary evidence in the court of law.

Prayer

You are therefore most humbly prayed to kindly file fir u/s 415, 420, 467, 468, 506 and section 32 to be read with 120b of ipc against, md, directors and employees of assotech ltd and it is further requested to kindly seize all the land and building belonging to assotech during pendency of aforesaid dispute.


Thank you


Regards,

Nitin chauhan
Flat no.-334 patrakar vihar,
Nyay khand-1, indrapuram
Pin-201010 ghaziabad
Uttar pardesh

Mob - [protected]