Aliens Developers Complaints & Reviews

I am Vamshi Kanisetty cancelled Flat No: 32O Station - 4 on 3rd floor on May 31, 2019 and to date despite multiple follow-ups my booking amount is not refunded yet and it's been 1 and half year.

The Cancellation Department provided incorrect information while cancelling the flat on May 31, 2019 and informed refund will be processed in 1 lakh/- by August, 2019 and 1 lakh/- by September, 2019.

After the cancellation I am following up with multiple sales guy .Particularly this guy ABUSED ME after, I asked why my amount is not refunded .Not one of the conversations turned helping a customer. On top of that Anand, cancellation team head promises every time I call him but now he stopped responding to calls.

Simply Aliens group with a good reputation in the market deceiving customers by giving false information and delaying refund is not seen as a positive step. Please do the needful in getting my refund ASAP

I have booked a property in Space station project but cancelled later. Even after 3 months still I have not received my booking amount back. I got a cancellation aggreement that The builder will pay back in two installments in November and December 2020, there is no proper response from the concerned person from cancellation department

Cheated by Aliens Hi Sir, I am also a customer of aliens space station-1 and facing the problem from M/s Aliens group. Did any of you get any justice for your complaint till date. if nothing has done, whats your next step in getting back your hard EARNED MONEY. I had booked a flat in 2018 and paid 5 Lakhs as advance. My bank loan was rejected due to some issue s As it’s not affordable, i cancelled the flat and they promised to refund the...

We have booked a flat in aliens space station 1 on 11th march 2009 on the name of g mahendra kumar and g sudha rani (Flat no: 902, 9th floor, ss1). We made the payment through sbi housing loan. We canceled the booking on 27th october 2012. The total amount paid through housing loan was 17, 50, 000 out of which only 9, 09, 545 have been refunded in two installments, 3, 19, 058 (29/10/2013) and 5, 90, 487 (7/11/2013). The rest 8, 40, 455 have been deposited into some other account that does not belong to us.

My main issue here is:
1. Why and how was the amount deposited in someone else's account without any proof from our side.
2. Why was the amount refunded in partitions and why was the refund initiated 1 year after my cancellation request

The interest from the bank has piled up due to this and is effecting our cibil score and our current properties.

Dear sir/madam,

I am worried about my pending payment from aliens developers whoch is pending for 2 years now. I have done multiple followup via email, phone and in-person, but no result. Now they have started using covid-19 as an excuse and not returning my money.

We booked a flat in aliens tower 5 in aug 2017 with a payment of 5 lakhs and paid another 2 lakhs in dec 2017. We were told that the work will start in 9 october 2017. When we visited the site in january 2018, there was literally zero progress. When asked we were told that the work will start in february 2018 for sure. But it didn't start till april 2018.

We discussed the issue with aliens team and decided to cancel the booking. Their coo kiran emadi personally came to my house and promised a swifft refund of the amount. We signed the cancelation agreement in may 2018 which mentioned refund of 7 lakhs in 3 installments between june 2018 to aug 2018. But there was no refund.

After several followups, we received first installment in dec 2018. Since then there is no sign of other payments. We have been following up via email and phone on a regular basis. But no results.

Please help us resolve the issue.

I am Santosh Varla cancelled falt no 354 in station 9 on Dec 1, 2019 and to date despite multiple follow-ups my booking amount is not refunded yet and it's been 9 months.

The sales executive Shiva Kumar and Prashanth both provided incorrect information while booking the flat on Nov 30, 2019 and informed refund will be processed in a a day and immediately after cancellation request from me.

After the cancellation...

We cancelled a flat in Aliens space station on july 10 2020, while booking they said it will only take 30 days to refund amount if its cancelled, and its sep 02 2020, they are not picking the call, and, made false promises earlier.
whenever I call them they say cancellation team is not der in office today and blah bla reasons. Mr. Vamsi gave us false promises and Mr. Ananad from cancellation team is very rude and never pick up phone.In case he picks will only shjput on you.

We booked a flat with aliens in august 2019 and in october we cancelled it due to unforeseen reasons. As part of the cancellation agreement we were told that our entire booking amount will be refunded in 4 installments which should be completed by may 2020. Till data we have been paid back only 20% of the booking amount. We have been following up with the concerned cancellation team people but we keep listening from them that the refunds are delayed. We have invested all our savings in this booking and we are now in a financial crisis. Please help. They still owe us 6.5 lakh rupees of our hard earned money.

We booked a flat in my wife's name in aug 2017 which was promised to be delivered by between july 2018 to dec 2018. As there was no progress at all (Literally there was no work) in may 2018 we requested the builder to cancel our booking. We signed the cancellation agreement which stated that the money will be refunded by aug 2018. We kept on following up and all we hear is that the fund is delayed. After numerous follow up, we were given one-third of the amount in nov 2018. For rest of the amount, we have been following up for past 9 months and no one is listening. The contact person promises with a date and then by that day the person is no more with the company. Someone else takes up the case and promises a date. The same scene has happened 3-4 times in last 1.5 years.

If someone can help us get the refund, we will be grateful.

Respected authorities
Am phani from andhra pradesh working in renowned construction company aliens developers pvt ltd, coming to the subject many are becoming victims for dangerous pits along nallagandla to thellapur road. Pregnants, old people, kids are being mostly affected, please take initiative to resolve the issue as early as possible, ours is the greatest economy and also telangana is the most helping out state to india's fiscal deficit, in return we people are expecting the same from hyderabad
Thanking you

To,
Telangana real estate regulatory authority,
Hyderabad.
Subject –not handing over of flats by m/s aliens developers private limited tellapur – village. Ramchandrapuram - mandal. Medak – district. (Hyderabad) – 502032.
I (Nirbhaya kumar shah) and my son (Abhishek kumar) have booked flat no.601 in station#1 vide a9/ss/959 dated 23/06/2009 and flat no.420 in station#4 vide a9/ss/918 dated 23/05/2009 in aliens space station#1, tellapur, hyderabad in 2009 and paid rs.1851713/- and rs.1587500/- respectively through state bank of india, hyderabad bank home loan a/c no.[protected] & saving bank a/c no.[protected] (Nirbhaya kumar shah) and state bank of india, hyderabad bank loan a/c no.[protected] & saving bank a/c no.[protected] (Abhishek kumar) respectively in the year of 2009, which is a 50% cost of flat, with a commitment by aliens to hand over flats in three years as per “agreement of sale” i. E.in the year 2012. But aliens could not deliver the flats till now.in fact aliens did very little work and seems most of our fund was diverted in their other project.
We were sanctioned house building loan in 2009 by sbi official without inspecting builder’s (Aliens developers private limited, hyderabad) valid document by sbi and paid money to builder without progress as well as without registration of property (Which is the very primary checks of bank) resulting loss of our principal amount (Rs.1851713/- + rs.1587500/- = rs.3439213/-)
We have paid entire loan amount to state bank of india.
Home loan sanction details are as follows –
(1) - builder –

Aliens developers private limited ([protected], [protected], [protected])
Tellapur – village. Ramchandrapuram - mandal.
Medak – district. (Hyderabad) – 502032.
Dgpa’s document no.-23198/06 dated 07/10/2006,
22230/06 dated 07/10/2006 and 13321/07 dated 23/062007
Huda permission no. 621/p4/plg/huda/2008 dated 11/04/2008.

(2) – customer –
(A) nirbhaya kumar shah s/o late sri k. P. Shah
Flat no. - 601 in station#1
Cost of flat – rs.37, 03, 425
Sbi, hyderabad home loan a/c no. [protected].
Sbi, hyderabad saving a/c no.-[protected]. (Through which emi was paid).
Loan sanction amount – rs.24, 34, 000/-
Loan taken amount – rs.11, 11, 028/-dated 12/09/2009
Aliens reference no. - flat no.601in station#1vide a9/ss/959 dated 23/06/2009
Sbi tripartite agreement by - agm, racpc, sbi, hyderabad dated –12/09/2009
Amount paid to m/s aliens - rs.1851713/-
(B) abhishek kumar s/o nirbhaya kumar shah
Flat no.-420 in station#4
Cost of flat – rs.38, 73, 353
Sbi, hyderabad home loan a/c no. [protected].
Sbi, hyderabad saving a/c no - [protected] (Through which emi was paid).
Loan sanction amount – rs.19, 32, 000/-
Loan taken amount – rs.600000/-dated 08/02/2010
Aliens reference no. – flat no. 420 in station#4 vide a9/ss/918 dated 23/05/2009.
Sbi tripartite agreement - by agm, racpc, sbi, hyderabad dated 06/02/2010
Sbi tripartite agreement - by agm, racpc, sbi, hyderabad dated -06/02/2010.
Amount paid to m/s aliens - rs.1587500/-
We have paid entire loan amount (Principal and interest) to state bank of india and got back our original aos being good citizen of india.
Hence i request you to please look into the matter and do the needful to get our apartment or principal amount with interest. I had taken home loan from sbi considering it government of india and invested my whole life hard earned money.
Presently i have settled in mumbai after retirement as m/s aliens did not hand over the flat.
Thanks.
Yours faithfully
Nirbhaya kumar shah ([protected])
Abhishek kumar

Hi this is ajender i had booked flat in november 2018 due so some reason i cancelled the plot they said they will return the paid money with in 2months but it’s almost 7 months know one is responding...
Before i went to visit the aliens station they responded in good later i had payed some amount of 4.5 lakhs after some days they calling daily for rest amount with irresponsible/disrespect as i recorded... Later i cancel the flat they are not the lifting the calls late replies in whatapps...
Even i had changed the flat to plot but are also not responding... They keep on saying next month you will get are need some are process going on...

Dear sir, my name is i. Arun kumar, residence at chennai. I have booked a flat in aliens developers pvt ltd on 18th march 2018. I have paid 899982/- money in three instalments as per my commitments and they agreed for this. The sales managers mr g kishore kumar ([protected]) and mr subbu ([protected]) has committed for 1) 2 acs 2) 300 sq yard plot 3) 50% gst will be paid by company 4) registration on land value. At that time my budget was 60 to 65l including everything. But after paying money they are not picking the phones. After my personal visit, mr kiran emmadi ([protected]) is saying above all will not be given as they are false commitments. At that time i decided to cancel my flat. But again he accepted to give the first two things. But the flat cost is going more than 85l which i can’t bear. Finally, i have cancelled my flat during oct. I have sent the mail on 23rd oct to the team to return the money. They have not replied and not answering the calls. I have visited again personally to take the money. They said they will give in short. Mr prashant ([protected]) & mr rajamohan ([protected]) is the cancellation department has not responded to my phones and messages.in writing, they have sent a bond agreement for repayment. 10th dec – 350000/- 20th jan – 5, 49, 982/- after so many follow-ups, they paid on 21st dec – 3.50l. For the remaining amount i have visited three times, but no use. As of now, they are not giving clarity on repayment of my money.in this process, i have lost nearly 10l due to a price increase in land and my travel to hyderabad.

I have paid advance for a flat at aliens space station, tellapur in hyderabad last year march 2017. On the date of deal discussion, the sales team agreed to give flat in july/aug 2018 but after i paid advance and asked them to send email about delivery date, they sent as nov 2018. The sale agreement is not given to me for last one year and asked me to sign sale agreement this week. I have gone through agreement terms and conditions-i am not satisfied with few things-delivery date is mentioned as december 2019 which is really against my capacity and they ask me to start bank loan without written confirmation on my flat delivery date. They state that if delivery is delayed, they pay us rs. 3 per sqft and my flat is about 1254 sqft. We have discussed all our financial strength before buying and i can't bear to pay emi and rent at same time-i an residing in rented house which i want to avoid and use amount to but new flat on emi. If i delay any payment, i have to pay 9% interest but if flat is delayed, why they compensate only rs.3 per sqft which is just rs.3700 per month - i would pay bank at interest if rs 20000 per month but builder pays not even half of that? I have not yet signed the agreement yet-can there be any favour towards me or should i cancel the deal. If i cancel the deal i night loose almost 1.5 lakh

Regards
Bhavanarayana
Hyderabad

BEFORE THE HON’BLE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION :: AT HYDERABAD

C C No. of 2015
Between:

Nirbhaya Kumar Shah,
S/o.late.Mr.K.P.Shah, aged about 60 years,
Occ: Service, R/o.Q.No.E-7,
HWPM Colony, Aswapuram (Post),
Khammam Dist., 507116 …. Complainant

And

1. M/s. Aliens Developers (P) Ltd.,
Rep. by its Managing Director and Joint Managing Director,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.

2. Mr.Hari Challa S/o Mr.CVR Chowdary,
Managing Director M/s. Aliens Developers (P) Ltd.,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.

3. Mr.Venkat Prasanna Challa S/o Mr.CVR Chowdary,
Joint Managing Director M/s. Aliens Developers (P) Ltd.,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.
Notice to be sent to the following address
(Present addresses of Opposite Parties S.No.1 to 3
are at Aliens Space Station, Tellapur,
Ramchandrapuram Mandal,
Medak District, Hyderabad (Telangana- PIN 502032)

4. State Bank of India,
Rep. by its Branch Manager
Patny Centre Branch,
Secunderabad. …. Opposite Parties

COMPLAINT FILED UNDER SECTION 17 (1), a (i) OF CONSUMER PROTECTION ACT 1986 & 2002

The address for service of notices and summons if any on the complaint is that of their counsel Mr D Raji Reddy and Mr C Vijayashekar Reddy, Advocates, 4-1-371, 4th Floor, Kundas Estate, Beside Jaya International Hotel, Reddy Hostel Lane, Abids, Hyderabad.

For service of notices and summons, if any on the opposite parties, is that of on the addresses given in the cause title thereof.


BRIEF FACTS OF THE CASE:

1. It is submitted that the 1st opposite party is a company registered under Indian Companies Act, 1956 represented by its Managing Director and Joint Managing Director Mr Hari Challa and Mr Venkat Prasanna Challa, the 2nd and 3rd opposite parties respectively and are responsible for the day to day affairs of the 1st opposite party/company. In its course of business the 1st opposite party under taken a Development Agreement cum GPA’s Nos.23198 of 2006, 23230 of 2006 both dt.07.10.2006 and 13321 of 2007 dt.23.06.2007 with the respective land owners for development of land admeasuring Ac.19.26 gts., into residential apartment complexes thereon in Sy No.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District. The 4th opposite party is the home loan banker extended home loan finance to the flat under sale as per the contractual obligations mentioned in agreement of sale and other agreements thereof.

2. It is submitted that 1st to 3rd opposite parties made believed the complainant that they have undertaken the construction of multi storied apartments in the name and style of Aliens Space Station-1 situated at Tellapur Village, Ramchandrapuram Mandal, Medak District and obtained building permission vide Lr.No.621/P4/ Plg/HMDA (HUDA)/2008 dt:[protected] and had absolute rights over the Flat bearing No.601, Station- 1, on 6th Floor comprise of super built up area of 1344 sq. ft, in the complex ‘Space Station- 1 ’ together with 28.90 sq. yards o[censored]ndivided share of land out of 82976.89 sq. yards in Sy.Nos.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District.

3. It is pertinent to mention that believing the words and at the offer of the 1st to 3rd opposite parties the complainant undertook agreement of Sale dt:04.07.2009 for purchase of Flat bearing No.601, Station – 1, on 6th Floor of the complex by name Space Station-1, comprise of super built up area of 1344 sq. ft, with one covered car parking besides undivided share of land 28.90 sq. yards out of 82976.89 sq. yards in Sy.Nos.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District a consideration of Rs.37, 03, 425/- and paid an amount of Rs.6, 00, 000/- towards earnest money and advance sale consideration vide cheque No.312889 dt.28.06.2009 drawn on ICICI Bank, Vijayawada, and the same was acknowledged by the opposite parties No.1 to 3 vide receipt No.03516 dt.23.06.2009 and the same was also admitted and acknowledged in the agreement of sale dt.04.07.2009. On 10.07.2009 the complainant has paid a sum of Rs.1, 40, 685/- vide cheque No.312890 dt.09.07.2009 drawn on ICICI Bank, Vijayawada, and the same was acknowledged by the opposite parties No.1 to 3 vide receipt No.03584 dt.10.07.2009. On 12.09.2009 the complainant, the opposite parties No.1 to 3 and the 4th opposite party had entered into Tripartite Agreement for Housing Loan, based on that agreement the 4th opposite party has paid a sum of Rs.11, 11, 028/- on avail of home loan of Rs.24, 34, 000/- by the complainant vide cheque No.499718 dt.12.09.2009 and the same was acknowledge by the opposite parties No.1 to 3 vide receipt No.03683 dt.12.09.2009, thus the total amount paid to you is Rs.18, 51, 713/- in accordance with the terms and conditions of the agreement of sale dt.04.07.2009 as against the total consideration of Rs.37, 03, 425/-.

4. The complainant had paid a sum of Rs.18, 51, 713/- as against the total consideration of Rs.37, 03, 425/-. The 4th opposite party herein on the basis of agreement of sale sanctioned a home loan of Rs.24, 34, 000/- with a condition to disburse the home loan on execution of mortgage of the flat besides utilization of the loan amount shall for the purpose mentioned in the loan application. In contrary to the terms of agreement the 4th opposite party released 45% of the home loan to the developer company even before start of construction. The 4th opposite party would have remitted into escrow account ought to be maintain by the developer company in this regard. As a result the developer company resorted to diversion of home loan by defeating the very purpose of the home loan scheme thereby made suffer the complainant.

5. It is pertinent to mention that the loan disbursement shall be co-related with the progress of the construction and in accordance with the provisions of Section 4 & 5 of the AP Apartment (Promotion of Construction and Ownership Act & Rules, 1987). Whereas the 4th opposite party violated the same and committed unfair practice.

6. It is submitted that the home loan banker being a legal body under law ought to follow the provisions of statues such as The Andhra Pradesh Promotion of Apartments and Ownership Act, 1987 besides other guidelines issued by its superior/regulatory authorities such as RBI & NHB while releasing the home loan but failed to do so thereby the developer company diverted the home loan including the margin money paid by the complainant. Thereby, 1st to 3rd opposite parties in collusion with the 4th opposite party committed not only deficiency of service but also unfair trade practice and caused loss besides physical suffering and mental agony to the complainant.

7. It is submitted that the complainant was compelled to pay EMI’s into home loan besides interest thereon as charged by the 4th opposite party, otherwise the 4th opposite party cautioned about the reference of default to the credit agency (CBIL). It is submitted that there has been no response over phone and mails from the opposite parties 1 to 3 in respect of progress of construction of flat under sale. Even though the complainants are ready to pay the balance of installments in accordance with the terms and conditions of the Agreement of Sale and progress of the construction, the opposite parties No.1 to 3 have not provided the details of the progress of the construction of the Flat under sale as on date.

8. The complainant submits that the opposite parties started Aliens Space Station-1 project in the year 2007/08 and in the span of 7 to 8 years not even 1 station (out of 13) is 100% complete, leave alone the amenities, car park, Lakes and other infrastructure promised. It is not only deficiency of service and commitment; it is intentional case of cheating and deceiving innocent buyers who have invested sizable portion of their life savings with a dream to own a house. On noticing about the snail space of construction at project site the complaints prevailed up on the opposite parties 1 to 3 but they deaf eared and gave evasive replies. It is pertinent to mention that the developer company has to complete the construction of the flat by December, 2012 in terms of agreement sale dt.04.07.2009 under clause VIII (Delivery of Possession), under any circumstances. On the recent visit to the project, the complainant noticed that only basement work is completed, but the complainant’s Flat is at 6th Floor of the complex.

9. On noticing about the snail pace of works at the project complainant prevailed upon the opposite parties but could not get proper response. It is pertinent to mention that the opposite parties 1 to 3 have to complete the construction of the flat by December, 2012 in terms of Agreement of Sale dt.04.07.2009 under clause VIII (Delivery of Possession), under any circumstances. Thereby the opposite parties committed deficiency of service in not constructing the flat under sale in terms of Agreement of sale dt.04.07.2009. Moreover the 4th opposite party is having charge over the flat soon after sanction and disbursement of the home loan. As such the home loan banker ought to exercise its charge for recovery of home loan from the opposite parties 1 to 3 but did not do so. As such complainant got issued legal notice dt. .09.2015 on the opposite parties on the available address but there has been no response.

10. In view of cheating, mischief, fraud committed by the opposite parties No.1 to 3 the complainant lost the opportunity to have a residential accommodation in the year 2012 on the then prevailing costs. Besides the complainant paying interest into the home loan amount paid to the opposite parties No.1 to 3. Due to the fraudulent action of opposite parties No.1 to 3, the complainant suffered with mental agony, escalation of cost and other physical sufferings by wandering in and around the office of the opposite parties No.1 to 3 for the past few years, for which the opposite parties No.1 to 3 are liable to pay to a tune of Rs.10, 00, 000/-.

11. The 1st to 3rd opposite parties continuously made false promises in collusion with the 4th opposite party and not completed the project with fraud intention to cheat the complainant. In view of deficiency of service and unfair trade practice committed by the 1st to 3rd opposite parties in collusion with the 4th opposite party, and having no scope of completion of construction in the near future by the opposite parties 1 to 3, the complainant demanding the refund of the sale consideration of Rs.18, 51, 713/- which includes home loan, with 24% interest per annum for the period from the respective dates of payments and subsequent interest till the refund of the same from the opposite parties. Besides the opposite parties are also liable to pay compensation charges @ Rs.3/- (Rs.3/- per square feet) per month according to clause-G of VIII (delivery of possession) for any reason if the opposite parties failed to handover the flat to us on or before December 2012, Further the due date for handover of flat is already over by December, 2012 and due to the deficiency in service by the opposite parties, the complainant is residing in a rented house by paying huge amounts of monthly rents. As such the opposite parties are liable to pay fair rental value @ Rs.10/- per sq. ft., per month for the delayed period w.e.f. December, 2012 to till the date if refunding the amount paid including compensation and interest.

12. It is submitted that in view of deficiency of service and unfair trade practice committed by the 1st to 3rd opposite parties, they are liable to pay compensation for escalation of costs, physical suffering and mental agony caused to the complainant to a tune of Rs.10, 00, 000/- .

Sl.
No. Description Amount Date of payment made by the complainant Interest @ 24% from the respective date of payments made Grand total
1 Earnest Money paid 6, 00, 000/- 28.06.2009 9, 00, 000/- 15, 00, 000/-
2 Further Payment 1, 40, 685/- 10.07.2009 2, 11, 028/- 3, 51, 713/-
3 Loan Disbursed 11, 11, 028/- 12.09.2009 16, 22, 101/- 27, 33, 129/-
4 Compensation towards Holding Charges @ Rs.3/- per sq. ft. Per month for 33 months

1, 33, 056/-

-

1, 33, 056/-
5 Damages caused due to escalation of cost and mental suffering

10, 00, 000/-
- 10, 00, 000/-
6 Fair rental value @ Rs.10/- per sq. ft., per month w. e. f. December, 2012 to till date
4, 43, 520/-
-
4, 43, 520/-
7 Legal Charges 50, 000/- - 50, 000/-
Total 34, 78, 289/- 27, 33, 128/- 62, 11, 417/-

Jurisdiction: That the Hon’ble Commission has got territorial as well as pecuniary jurisdiction to entertain the present dispute in terms of Section 17(1) a(i) & 2 of the Consumer Protection Act, 1986.

Cause of Action: The cause of action arose on 04.07.2009 when the complainant had entered into agreement of sale and on due date of hand over of the possession of the flat by December 2012 and issue of legal notice dt.__.09.2015 to the opposite parties and receipt of notice and the cause of action is subsisting and continuous as the claim of the complainant so far not paid by the opposite parties.

Limitation: The complaint is filed within the period of limitation as prescribed under Section 24 (a) of the Consumer Protection Act, 1986.

Court Fee: The total amount of compensation is Rs.62, 11, 417/- hence court fee of Rs.4, 000/- is paid as per prescribed under Rule 9A of the Consumer Protection Rules, 1987, by way of DD No. dt. Drawn on _______________, in favour of the Telangana State Consumer Disputes Redressal Commission, Hyderabad.

Prayer:
Therefore it is humbly prayed that this Hon’ble Commission may be pleased to direct the opposite parties No.1 to 3 to pay total amount of Rs.62, 11, 417/-and further direct them to pay the same @24% till the realization, as briefed in the above tabular form under the following heads;
a) To refund the paid sale consideration of Rs.18, 51, 713/- along with interest @ 24% per annum from the respective dates of payment to till the realization of the same.
b) To pay compensation towards holding charges @ Rs.3/- per sft., per month according to clause-G of VIII (delivery of possession) for any reason if the opposite parties failed to handover the flat to the complainants on or before December 2012. As such the opposite parties are liable to pay holding charges from December, 2012 till date (33 months) amounting to Rs.1, 33, 056/- along with interest @ 24% per annum and further they are continuously liable to pay the holding charges till the realization of total demanded amount.
c) To pay Rs.10, 00, 000/- as compensation for causing mental agony, suffering & escalation of construction cost.
d) To pay fair rental value @ Rs.10/- per sft, per month w.e.f. December, 2012 amounting to Rs.4, 43, 520/- till date and further continue to pay till the refund of the total demanded amount.
e) To pay legal charges of Rs.50, 000/- being the legal charges of this complainant.
f) To pay home loan amount owes to 4th opposite party with necessary interest and other charges levied into the account out of the claim amount claimed herein.
g) To pass such other order or orders as this Hon’ble Commission deems fit and proper in the interest of justice.


Hyderabad, COMPLAINANT
Date: .09.2015
Counsel for Complainant
V E R I F I C A T I O N

I, Nirbhaya Kumar Shah, S/o.late.Mr.K.P.Shah, do hereby state that the contents of this complaint are true and correct to best of our knowledge, belief and information, hence verified on this the day of September, 2015 at Hyderabad.

COMPLAINANT

LIST OF DOCUMENTS

01. Copy of Agreement of Sale dt.04.07.2009
02. Copy of Receipt No.03516 dt.23.06.2009
03. Copy of Receipt No.03584 dt.10.07.2009
04. Copy of Receipt No.03683 dt.12.09.2009
05. Copy of Home Loan Sanction letter dt.
06. Copy of Tripartite Agreement dt.12.09.2009
07. Office copy of legal notices dt. .09.2015 served on the opposite parties
08. Original copies of registered post receipts and acknowledgement cards and returned postal covers.

Hyderabad, COMPLAINANT
Dt. .09.2015
Counsel for Complainant.

BEFORE THE HON’BLE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION :: AT HYDERABAD

C C No. of 2015
Between:

Nirbhaya Kumar Shah…. Complainant

And

M/s. Aliens Developers (P) Ltd.,
And others …. Opposite Parties

COMPLAINT FILED UNDER SECTION 17 (1), a (i) OF CONSUMER PROTECTION ACT 1986 & 2002

Filed on: .09.2015

Filed by:

Mr D Raji Reddy
Mr C Vijayashekar Reddy,
Advocates,
Counsel for Complainants
Address:

4-1-371, 4th Floor,
Kundas Estate,
Beside Jaya International Hotel,
Reddy Hostel Lane,
Abids, Hyderabad
BEFORE THE HON’BLE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION :: AT HYDERABAD

C C No. of 2015
Between:

Nirbhaya Kumar Shah,
S/o.late.Mr.K.P.Shah, aged about 60 years,
Occ: Service, R/o.Q.No.E-7,
AWPM Colony, Aswapuram (Post),
Khammam Dist., 507 116 …. Petitioner/
Complainant
And

1. M/s. Aliens Developers (P) Ltd.,
Rep. by its Managing Director and Joint Managing Director,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.

2. Mr.Hari Challa S/o Mr.CVR Chowdary,
Managing Director M/s. Aliens Developers (P) Ltd.,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.

3. Mr.Venkat Prasanna Challa S/o Mr.CVR Chowdary,
Joint Managing Director M/s. Aliens Developers (P) Ltd.,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.
Notice to be sent to the following address
(Present addresses of Opposite Parties S.No.1 to 3
are at Aliens Space Station, Tellapur,
Ramchandrapuram Mandal,
Medak District, Hyderabad (Telangana- PIN 502032)

4. State Bank of India,
Rep. by its Branch Manager
Patny Centre Branch,
Secunderabad. …. Respondents/
Opposite Parties

VERIFIED AFFIDAVIT

I, Nirbhaya Kumar Shah, S/o.late.Mr.K.P.Shah, aged about 60 years, Occ: Service, R/o.Q.No.E-38, HWPM Colony, Aswapuram (Post), Khammam Dist., having temporarily come down to Hyderabad, do hereby solemnly and sincerely state on oath as follows:

2. I am the petitioner herein and complainant in the main complaint as such well acquainted with the facts of the case.

3. I submit that the 1st opposite party is a company registered under Indian Companies Act, 1956 represented by its Managing Director and Joint Managing Director Mr Hari Challa and Mr Venkat Prasanna Challa, the 2nd and 3rd opposite parties respectively and are responsible for the day to day affairs of the 1st opposite party/company. In its course of business the 1st opposite party under taken a Development Agreement cum GPA’s Nos.23198 of 2006, 23230 of 2006 both dtd.07.10.2006 and 13321 of 2007 dt.23.06.2007 with the respective land owners for development of land admeasuring Ac.19.26 gts., into residential apartment complexes thereon in Sy No.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District. The 4th opposite party is the home loan banker extended home loan finance to the flat under sale as per the contractual obligations mentioned in agreement of sale and other agreements thereof.

4. I submit that 1st to 3rd opposite parties made believed me and the complainant No.2 that they have undertaken the construction of multi storied apartments in the name and style of Aliens Space Station-1 situated at Tellapur Village, Ramchandrapuram Mandal, Medak District and obtained building permission vide Lr.No.621/P4/ Plg/HMDA (HUDA)/2008 dt:[protected] and had absolute rights over the Flat bearing No.601, Station- 1, on 6th Floor comprise of super built up area of 1344 sq. ft, in the complex ‘Space Station- 1 ’ together with 28.90 sq. yards o[censored]ndivided share of land out of 82976.89 sq. yards in Sy.Nos.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District.

5. It is pertinent to mention that believing the words and at the offer of the 1st to 3rd opposite parties, I entered into agreement of Sale dt:04.07.2009 for purchase of Flat bearing No.601, Station – 1, on 6th Floor of the complex by name Space Station-1, comprise of super built up area of 1344 sq. ft, with one covered car parking besides undivided share of land 28.90 sq. yards out of 82976.89 sq. yards in Sy.Nos.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District a consideration of Rs.37, 03, 425/- and paid an amount of Rs.6, 00, 000/- towards earnest money and advance sale consideration vide cheque No.312889 dt.28.06.2009 drawn on ICICI Bank, Vijayawada, and the same was acknowledged by the opposite parties No.1 to 3 vide receipt No.03516 dt.23.06.2009 and the same was also admitted and acknowledged in the agreement of sale dt.04.07.2009. On 10.07.2009 I had paid a sum of Rs.1, 40, 685/- vide cheque No.312890 dt.09.07.2009 drawn on ICICI Bank, Vijayawada, and the same was acknowledged by the opposite parties No.1 to 3 vide receipt No.03584 dt.10.07.2009. On 12.09.2009 the complainant, the opposite parties No.1 to 3 and the 4th opposite party had entered into Tripartite Agreement for Housing Loan, based on that agreement the 4th opposite party has paid a sum of Rs.11, 11, 028/- on avail of home loan of Rs.24, 34, 000/- by the complainant vide cheque No.499718 dt.12.09.2009 and the same was acknowledge by the opposite parites No.1 to 3 vide receipt No.03683 dt.12.09.2009, thus the total amount paid to you is Rs.18, 51, 713/- in accordance with the terms and conditions of the agreement of sale dt.04.07.2009 as against the total consideration of Rs.37, 03, 425/-.

6. I submit that I have paid a sum of Rs.18, 51, 713/- as against the total consideration of Rs.37, 03, 425/-. The 4th opposite party herein on the basis of agreement of sale sanctioned a home loan of Rs.24, 34, 000/- with a condition to disburse the home loan on execution of mortgage of the flat besides utilization of the loan amount shall for the purpose mentioned in the loan application. In contrary to the terms of agreement the 4th opposite party released 45% of the home loan to the developer company even before start of construction. The 4th opposite party would have remitted into escrow account ought to be maintain by the developer company in this regard. As a result the developer company resorted to diversion of home loan by defeating the very purpose of the home loan scheme thereby made suffer to me.

7. It is pertinent to mention that the loan disbursement shall be co-related with the progress of the construction and in accordance with the provisions of Section 4 & 5 of the AP Apartment (Promotion of Construction and Ownership Act & Rules, 1987). Whereas the 4th opposite party violated the same and committed unfair practice.

8. It is submitted that the home loan banker being a legal body under law ought to follow the provisions of statues such as The Andhra Pradesh Promotion of Apartments and Ownership Act, 1987 besides other guidelines issued by its superior/regulatory authorities such as RBI & NHB while releasing the home loan but failed to do so thereby the developer company diverted the home loan including the margin money paid by me. Thereby, 1st to 3rd opposite parties in collusion with the 4th opposite party committed not only deficiency of service but also unfair trade practice and caused loss besides physical suffering and mental agony to the complainant.

9. It is submitted that the complainant was compelled to pay EMI’s into home loan besides interest thereon as charged by the 4th opposite party, otherwise the 4th opposite party cautioned about the reference of default to the credit agency (CBIL). It is submitted that there has been no response over phone and mails from the opposite parties 1 to 3 in respect of progress of construction of flat under sale. Even though the complainants are ready to pay the balance of installments in accordance with the terms and conditions of the Agreement of Sale and progress of the construction, the opposite parties No.1 to 3 have not provided the details of the progress of the construction of the Flat under sale as on date.

10. I submit that the opposite parties started Aliens Space Station-1 project in the year 2007/08 and in the span of 7 to 8 years not even 1 station (out of 13) is 100% complete, leave alone the amenities, car park, Lakes and other infrastructure promised. It is not only deficiency of service and commitment; it is intentional case of cheating and deceiving innocent buyers who have invested sizable portion of their life savings with a dream to own a house. On noticing about the snail space of construction at project site the complaints prevailed up on the opposite parties 1 to 3 but they deaf eared and gave evasive replies. It is pertinent to mention that the developer company has to complete the construction of the flat by December, 2012 in terms of agreement sale dt.04.07.2009 under clause VIII (Delivery of Possession), under any circumstances. On the recent visit to the project, the complainant noticed that only basement work is completed, but the complainant’s Flat is at 6th Floor of the complex.

11. On noticing about the snail pace of works at the project complainant prevailed upon the opposite parties but could not get proper response. It is pertinent to mention that the opposite parties 1 to 3 have to complete the construction of the flat by December, 2012 in terms of Agreement of Sale dt.04.07.2009 under clause VIII (Delivery of Possession), under any circumstances. Thereby the opposite parties committed deficiency of service in not constructing the flat under sale in terms of Agreement of sale dt.04.07.2009. Moreover the 4th opposite party is having charge over the flat soon after sanction and disbursement of the home loan. As such the home loan banker ought to exercise its charge for recovery of home loan from the opposite parties 1 to 3 but did not do so. As such complainant got issued legal notice dt. .09.2015 on the opposite parties on the available address but there has been no response.

12. In view of cheating, mischief, fraud committed by the opposite parties No.1 to 3 the complainant lost the opportunity to have a residential accommodation in the year 2012 on the then prevailing costs. Besides the complainant paying interest into the home loan amount paid to the opposite parties No.1 to 3. Due to the fraudulent action of opposite parties No.1 to 3, the complainant suffered with mental agony, escalation of cost and other physical sufferings by wandering in and around the office of the opposite parties No.1 to 3 for the past few years, for which the opposite parties No.1 to 3 are liable to pay to a tune of Rs.10, 00, 000/-.

13. The 1st to 3rd opposite parties continuously made false promises in collusion with the 4th opposite party and not completed the project with fraud intention to cheat the complainant. In view of deficiency of service and unfair trade practice committed by the 1st to 3rd opposite parties in collusion with the 4th opposite party, and having no scope of completion of construction in the near future by the opposite parties 1 to 3, the complainant demanding the refund of the sale consideration of Rs.18, 51, 713/- which includes home loan, with 24% interest per annum for the period from the respective dates of payments and subsequent interest till the refund of the same from the opposite parties. Besides the opposite parties are also liable to pay compensation charges @ Rs.3/- (Rs.3/- per square feet) per month according to clause-G of VIII (delivery of possession) for any reason if the opposite parties failed to handover the flat to us on or before December 2012, Further the due date for handover of flat is already over by December, 2012 and due to the deficiency in service by the opposite parties, the complainant is residing in a rented house by paying huge amounts of monthly rents. As such the opposite parties are liable to pay fair rental value @ Rs.10/- per sq. ft., per month for the delayed period w.e.f. December, 2012 to till the date if refunding the amount paid including compensation and interest.

14. It is submitted that in view of deficiency of service and unfair trade practice committed by the 1st to 3rd opposite parties, they are liable to pay compensation for escalation of costs, physical suffering and mental agony caused to the complainant to a tune of Rs.10, 00, 000/- .

Sl.
No. Description Amount Date of payment made by the complainant Interest @ 24% from the respective date of payments made Grand total
1 Earnest Money paid 6, 00, 000/- 23.06.2009 9, 00, 000/- 15, 00, 000/-
2 Further Payment 1, 40, 685/- 10.07.2009 2, 11, 028/- 3, 51, 713/-
3 Loan Disbursed 11, 11, 028/- 12.09.2009 16, 22, 101/- 27, 33, 129/-
4 Compensation towards Holding Charges @ Rs.3/- per sq. ft. Per month for 33 months

1, 33, 056/-

-

1, 33, 056/-
5 Damages caused due to escalation of cost and mental suffering

10, 00, 000/-
- 10, 00, 000/-
6 Fair rental value @ Rs.10/- per sq. ft., per month w. e. f. December, 2012 to till date
4, 43, 520/-
-
4, 43, 520/-
7 Legal Charges 50, 000/- - 50, 000/-
Total 34, 78, 289/- 27, 33, 128/- 62, 11, 417/-

Prayer:
Therefore it is humbly prayed that this Hon’ble Commission may be pleased to direct the opposite parties No.1 to 3 to pay total amount of Rs.62, 11, 417/- and further direct them to pay the same @24% till the realization, as briefed in the above tabular form under the following heads;
a) To refund the paid sale consideration of Rs.18, 51, 713/- along with interest @ 24% per annum from the respective dates of payment to till the realization of the same.
b) To pay compensation towards holding charges @ Rs.3/- per sft., per month according to clause-G of VIII (delivery of possession) for any reason if the opposite parties failed to handover the flat to the complainants on or before December 2012. As such the opposite parties are liable to pay holding charges from December, 2012 till date (33 months) amounting to Rs.1, 33, 056/- along with interest @ 24% per annum and further they are continuously liable to pay the holding charges till the realization of total demanded amount.
c) To pay Rs.10, 00, 000/- as compensation for causing mental agony, suffering & escalation of construction cost.
d) To pay fair rental value @ Rs.10/- per sft, per month w.e.f. December, 2012 amounting to Rs.4, 43, 520/- till date and further continue to pay till the refund of the total demanded amount.
e) To pay legal charges of Rs.50, 000/- being the legal charges of this complainant.
f) To pay home loan amount owes to 4th opposite party with necessary interest and other charges levied into the account out of the claim amount claimed herein.
g) To pass such other order or orders as this Hon’ble Commission deems fit and proper in the interest of justice.

BEFORE THE HON’BLE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION :: AT HYDERABAD

C C No. of 2015

Between:

Nirbhaya Kumar Shah …. Complainant

And

M/s. Aliens Developers (P) Ltd.,
And others …. Opposite Parties


COMPLAINT FILED UNDER SECTION 17 (1), a (i) OF CONSUMER PROTECTION ACT 1986 & 2002

NATURE OF CLAIM

To direct the opposite parties No.1 to 3 to refund the sale consideration with interest and subsequent interest till the date of realization and award the compensation of Rs.62, 11, 417/- and also pay the legal charges of Rs.50, 000/- payable to the complainant

Nirbhaya Kumar Shah …. Complainant

And

M/s. Aliens Developers (P) Ltd.,
Rep. by its Managing Director and Joint Managing Director,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081
And others ….. Opposite Parties

INDEX
Sl.
No. Description of the Document Date Page Nos.
01. Complaint
02. Affidavit
03. Copy of Agreement of Sale 04.07.2009
04. Copy of Receipt No.3516 23.06.2009
05. Copy of Receipt No.3584 10.07.2009
06. Copy of Receipt No.3683 12.09.2009
07. Copy of Home Loan Sanction letter
08. Copy of Tripartite Agreement 12.09.2009
09. Office copy of legal notices served on the opposite parties .09.2015
10. Original copies of registered post receipts and acknowledgement cards and returned postal covers
11. DD & Memo

Telangana has come out with real estate regulatory authority act but supprisingly exempted projects approved prior to 1.1.2017 from the act. Where as karnataka has allowed projects as old as 5 years covered by the act.in brief aliens project is in bangalore government could have intervened. What a difference,... Iam a rera activisits. If some one is intrested to know the way out contact me [protected]@gmail.com...

Dear sir,

I and my son (Abhishek kumar) booked flat no. 601 in station#1 and flat no. 420 in station#4 in aliens space station#1, tellapur, ramchandrapuram, medak, hyderabad -502032, by paying 35lacs in june, 2009 which is 50% of cost but till now they did not hand over neither returned our money. Like this, they did with so many customer. Only 10% work is completed so far.
Request to look into. Details of contact of builder is as follows -

Aliens builder official (Hyderabad) –

Hari challa: [protected], [protected]. Venkat challa: [protected]. Shrawani – [protected]. Alekya – [protected]. Shashidhar – [protected].
Mahesh –[protected].. Jabbar –[protected]. Mr. Miskeen – [protected]. Sandeep – [protected]. Suma –[protected]. Vinay –[protected]. Aliens customer care –[protected], [protected]. Sonia –[protected]. Dilip –[protected]. Mr. Kasi-[protected].. Kishore kumar – [protected]. Vinay ram – [protected]
[protected]@aliensgroup.in;[protected]@aliensgroup.in;
Surender. [protected]@aliensgroup.in;[protected]@aliensgroup.in;[protected]@aliensgroup.in...⇄ [protected]@aliensgroup.in;suresh. [protected]@aliensgroup.in;sheri. [protected]@aliensgroup.in; [protected]@aliensgroup.in;[protected]@aliensgroup.in;[protected]@aliensgroup.in...⇄ [protected]@aliensgroup.in;[protected]@gmail.com;aliens. [protected]@aliensgroup.in; [protected]@aliensgroup.in; [protected]@gmail.com;venkatchalla. [protected]@gmail.com; [protected]@aliensgroup.in; [protected]@aliensgroup.in;[protected]@aliensgroup.in

Sbi official, hyderabad -

Sbi.[protected]@sbi.co.in;[protected]@rbi.org.in; [protected]@rbi.org.in [protected]@rbi.org.in; [protected]@rbi.org.in; manager. Cgrc. [protected]@sbi.co.in;[protected]@sbi.co.in ;agmcustomer. [protected]@sbi.co.in; sbi.[protected]@sbi.co.in; sbi.[protected]@sbi.co.in; sbi.[protected]@sbi.co.in; sbi.[protected]@sbi.co.in;sbi.[protected]@sbi.co.in; sbi.[protected]@sbi.co.in; sbi.[protected]@sbi.co.in ;sbi.[protected]@sbi.co.in; support. [protected]@sbi.co.in; racpc. [protected]@sbi.co.in; pstocgm. [protected]@sbi.co.in;dgm. [protected]@sbi.co.in; dgmre. [protected]@sbi.co.in; dgm. [protected]@sbi.co.in
[protected]@rbi.org.in;[protected]@rbi.org.in
Manager. Cgrc. [protected]@sbi.co.in
Mr. Jahir, chief geneneral manager, sbi, hyderabad – [protected].
Mr. Ravindranath, asstt. General manager, sbi, hyderabad – [protected].
Mr. Mohan krishna, manager, sbi, hyderabad – [protected].
Mr. B. Sriram kartik, advocate, sbi, hyderabad – [protected]

I want refund of principal amount with 24% interest which works out to be rs. 1, 92, 23, 501 /-) (As mentioned in aos).
Thanks.

Nirbhaya kumar shah

I have purchased a flat in[protected] with the developer. As a booking amount, I have paid IRS.9, 00, 000/- and the balance amount of IRS.8, 05, 279/- thru bank loan from SBI. The balance amount of of IRS 16, 94, 721/- to be paid according to construction progress. But, the builder have not progressed the flat construction. I have been doing followup on the progress. But, every time they given date of completion which they have been failing to fulfill the same.

In the year 2015, some of the consumers of Aliens developer for the same venture have filed case against the developer. As I am an NRI, I came to know late due to which I couldn't file complain directly.

Recently consumer court have delivered verdict.

Kindly help me the way forward so that I can get back all my money along with compensation.

Awaiting your reply.

Thanking you with anticipation of favorable response.

Best Regards
Santosh Vempelly
[protected]@gmail.com

+

Hi all

My email is with good intentions to alert not to fall trap with the builders.

Please avoid aliens group (www.aliensgroup.in) and all their projects in and around hyderabad. they keep changing names to play with and they are not really going to deliver what they promises. if anyone visiting and you see them in property expo, please question them.

Aliens group has many projects like space station -1, space station – 2 (discarded) and aliens hub and a new project aliens sky park.

I have been a victim by purchasing the flat in 2009 (space station -1) and still not able to get the money back. there are 350 + consumer cases out of 50 in national level consumer forum, 300+ firs, md got arrested last year and released after 2-3 months, no charge sheet filed yet by police officials. same flat sold to different customers. banks of no help (major banker is sbi). suspecting political support. around 1000 cr project and collected about 600 cr.

My suggestion is to avoid all the projects which are at initial level, and it is wise to purchase a finished flat/villa with all the documents and plans approved to save all hard earned money and peace.

Url: https://www.facebook.com/alienspacestncustomer (aliens harassed customers page)

Url: https://www.facebook.com/groups/[protected] (aliens space station 1 owners welfare association)

Url: https://www.facebook.com/groups/[protected] (fight for rera telangana chapter)

I can help provide more info you needed. help spread this message.

+

To, date –[protected].

M/s aliens developers pvt. Limited, hyderabad.

Dear sir,

Kind attention – mr.Hari challa, m.D., aliens developers private limited and mr.Venkat challa, j.M.D., aliens developers private limited

Subject –either hand over of our flat no. 601 in station#1 and flat no.420 in station#4 in aliens space station#1, tellapur, hyderabad or refund of principal amount with 24% interest which works out to be rs.12302278/ (As mentioned in aos). – reg.

I(Nirbhaya kumar shah) and my son(Abhishek kumar) have booked flat no.601 in station#1 vide a9/ss/959 dated 23/06/2009 and flat no.420 in station#4 vide a9/ss/918 dated 23/05/2009 in aliens space station#1, tellapur, hyderabad in 2009 and paid rs.1851713/- and rs.1587500/- respectively through state bank of india, hyderabad bank home loan a/c no.[protected] & saving bank a/c no.[protected](Nirbhaya kumar shah) and state bank of india, hyderabad bank loan a/c no.[protected] & saving bank a/c no.[protected](Abhishek kumar) respectively in the year of 2009, which is a 50% cost of flat, with a commitment by aliens to hand over flats in three years as per “agreement of sale” i.E. In the year 2012.But aliens could not deliver the flats till now. In fact aliens did very little work and seems most of our fund was diverted in their other project.

Therefore m/s aliens is noticed and intimated either to refund our principal amount with 24% compound interest from the date of our payment to aliens as per aos signed by m/s aliens (Which works out to be rs.6731375/-+rs.5570903/- = rs.12302278/-) or hand over alternate ready flat available at other station#14 at the same rate with delay compensation as agreed in aos to us at the earliest otherwise action as deemed fit will be initiated against m/s aliens developers private limited.

We have paid entire loan amount to state bank of india.

We will return aos to m/s aliens after getting entire principal amount with interest in our saving bank account which is mentioned above or after getting hand over of alternate ready flat available at other station#14 with delay compensation as agreed in aos.
Thanks.
Nirbhaya kumar shah/abhishek kumar. Flat no.601 in station#1/flat no.420 in station#4

Note – please note that it is not cancellation of flat.


To,[protected]

Chairman
State bank of india, hyderabad.

Dear sir,

Sub. – sanctioning of house building loan by sbi official of hyderabad without checking of genuiness of builder’s paper to favour builder –reg.

I(Nirbhaya kumar shah) and my son(Abhishek kumar) were sanctioned house building loan in 2009 by sbi, hyderabad official without inspecting builder’s (Aliens developers private limited, hyderabad) valid document by sbi and paid money to builder without progress as well as without registration of property (Which is the very primary checks of bank) resulting loss of our principal amount (Rs.1851713/- + rs.1587500/- = rs.3439213/-) along with interest since 2009 which works out to be rs.4879662/- + rs.3983403/-=rs.8863065/- at the rate of 24% as per aos and total amount works out to be rs.12302278/- for these six years as builder did not make our apartment(Intention was to cheat customer) till now and is not going to make before 2022 as orally intimated by m/s aliens executives and that time also m/s aliens will hand over flats with increased rate as being threatened by m/s aliens.

Home loan sanction details are as follows –

(1) - builder –
Aliens developers private limited

Tellapur – village. Ramchandrapuram - mandal.

Medak – district. (Hyderabad) – 502032.

Dgpa’s document no.-23198/06 dated 07/10/2006,
22230/06 dated 07/10/2006 and 13321/07 dated 23/062007
Huda permission no. 621/p4/plg/huda/2008 dated 11/04/2008.


(2) – customer –

(A) nirbhaya kumar shah s/o late sri k.P.Shah

Flat no. - 601 in station#1

Cost of flat – rs.37, 03, 425/-(Including corpus fund of rs.1, 68, 000/- which is to be paid after hand over of flat)
Sbi, hyderabad home loan a/c no. [protected].

Sbi, hyderabad saving a/c no.-[protected].
(Through which emi was paid)
Loan sanction amount – rs.24, 34, 000/-

Loan taken amount – rs.11, 11, 028/-dated 12/09/2009

Aliens reference no. - flat no.601in station#1vide a9/ss/959 dated 23/06/2009
Sbi tripartite agreement by - agm, racpc, sbi, hyderabad dated –12/09/2009 amount paid to m/s aliens - rs.1851713/-/-(Including corpus fund excess of rs.84, 000/- which was to be paid after hand over of flat)
Balance amount to be paid to m/s aliens- rs.1851712/- (Including corpus fund of rs.84, 000/- which is to be paid after hand over of flat)

(B) abhishek kumar s/o nirbhaya kumar shah

Flat no.-420 in station#4

Cost of flat – rs.38, 73, 353/-(Including corpus fund of rs.1, 79, 000/- which is to be paid after hand over of flat)
Sbi, hyderabad home loan a/c no. [protected].

Sbi, hyderabad saving a/c no - [protected](Through which emi was paid)
Loan sanction amount – rs.19, 32, 000/-

Loan taken amount – rs.600000/-dated 08/02/2010

Aliens reference no. – flat no. 420 in station#4 vide a9/ss/918 dated 23/05/2009
Sbi tripartite agreement- by agm, racpc, sbi, hyderabad dated -06/02/2010 amount paid to m/s aliens - rs.1587500/-

Balance amount to be paid to m/s aliens – rs.22, 85, 853/- (Including corpus fund of rs.1, 79, 000/- which is to be paid after hand over of flat only)

We have paid entire loan amount (Principal and interest) to state bank of india and got back our original aos being a government officer and good citizen of india.
I request you to please inquire your official to clarify following points –

1) did builder submit a complete project plan with construction schedule for above described residential project, to state bank of india for home loan approval? Has builder submitted any amendment to the original project plan and schedule after initial submission? Please provide a copy of project plan and schedule and details of amendment like nature of change in original plan, and percentage of delay in original schedule.
2) did builder submit a detailed cost and price estimation of above project to state bank of india, describing the construction cost, facility and provision cost, landscaping cost, administrative cost, and the profit margin etc.? Were details of material cost, labor cost, and any other cost included under construction cost category? Were details of quality, grade, and brand etc. Of construction material referenced in cost of material? Has builder submitted any amendment to the original cost or price estimation after initial submission? If yes then exactly which part of cost or price was impacted? What was the reason/rational provided by builder for this change? Did other builders also report similar cost escalation around that period? Did builder ever inform the bank about any mistake committed in costing and pricing? If yes then, did builder inform the bank about corrective measure builder planned to take? What was the percentage of error in costing or pricing if informed any? Can builder request/ask/force customer to pay additional cost without informing bank?
3) if builder amends the project plan or schedule, cost or price, without informing bank and without agreement with customer, will it impact the home loan agreement signed between customer and bank as the objective of home loan has changed? Can you please explain the objective of a consumer home loan as described by reserve bank of india?
4) how frequently did corporation bank verify the actual project progress against the project schedule submitted by builder? Did state bank of india ever identify any significant delay in the construction? If yes then what was the percentage of delay as per actual plan? Please provide the date of such incidents; also please provide the details of any such communication between bank and builder. As per current status of this project, can bank estimate and provide me the percentage of project completion and delay in schedule? Also please provide the number of state bank of india home loan customers who already have got the possession of flats in this project till date.
5) the builder sent me an email to facilitate me with flat shift option to phase 1. Did builder inform bank also about such facilitation? Is bank aware about the construction phase, in which my flat 601 in station 1 and flat 420 in station 4 falls as per project plan and schedule submitted by builder? Can builder force such facilitation upon customer without informing bank?

Hence i request you to please look into the matter and do the needful to get our apartment or principal amount with interest. I had taken home loan from sbi considering it government of india and i am also government officer invested my whole life hard earned money.

Thanks.

Nirbhaya kumar shah/abhishek kumar. Flat no.601 in station#1/flat no.420 in station#4


Neither handing over of apartment nor returning money by aliens space station#1, tellapur, ramchandrapuram, hyderabad

Between:

Customer no.1

&

Customer no.2 …. Complainant

And

1. M/s. Aliens developers (P) ltd.,
Rep. By its managing director and joint managing director,
O/o flat no.911, teja block, my home navadeepa apartments,
Madhapur, near hi-tech city, hyderabad-500 081.
2. Mr.Hari challa s/o mr.Cvr chowdary,
Managing director m/s. Aliens developers (P) ltd.,
O/o flat no.911, teja block, my home navadeepa apartments,
Madhapur, near hi-tech city, hyderabad-500 081.

3. Mr.Venkat prasanna challa s/o mr.Cvr chowdary,
Joint managing director m/s. Aliens developers (P) ltd.,
O/o flat no.911, teja block, my home navadeepa apartments,
Madhapur, near hi-tech city, hyderabad-500 081.
Notice to be sent to the following address
(Present addresses of opposite parties s.No.1 to 3
Are at aliens space station, tellapur,
Ramchandrapuram mandal,
Medak district, hyderabad (Telangana- pin 502032)

4. State bank of india,
Rep. By its branch manager
Patny centre branch,
Secunderabad. …. Opposite parties

Complaint filed under section 17 (1), a (I) of consumer protection act 1986 & 2002


The address for service of notices and summons if any on the complaint is that of their counsel mr d raji reddy and mr c vijayashekar reddy, advocates, 4-1-371, 4th floor, kundas estate, beside jaya international hotel, reddy hostel lane, abids, hyderabad.
For service of notices and summons, if any on the opposite parties, is that of on the addresses given in the cause title thereof.

Brief facts of the case:

1. It is submitted that the 1st opposite party is a company registered under indian companies act, 1956 represented by its managing director and joint managing director mr hari challa and mr venkat prasanna challa, the 2nd and 3rd opposite parties respectively and are responsible for the day to day affairs of the 1st opposite party/company. In its course of business the 1st opposite party under taken a development agreement cum gpa’s nos.23198 of 2006, 23230 of 2006 both dt.07.10.2006 and 13321 of 2007 dt.23.06.2007 with the respective land owners for development of land admeasuring ac.19.26 gts., into residential apartment complexes thereon in sy no.384, 385 & 426/a, situated at tellapur village, ramchandrapuram mandal, medak district. The 4th opposite party is the home loan banker extended home loan finance to the flat under sale as per the contractual obligations mentioned in agreement of sale and other agreements thereof.
2. It is submitted that 1st to 3rd opposite parties made believed the complainant that they have undertaken the construction of multi storied apartments in the name and style of aliens space station-1 situated at tellapur village, ramchandrapuram mandal, medak district and obtained building permission vide lr.No.621/p4/ plg/hmda (Huda)/2008 dt:[protected] and had absolute rights over the flat bearing no.601, station- 1, on 6th floor comprise of super built up area of 1344 sq. Ft, in the complex ‘space station- 1 ’ together with 28.90 sq. Yards o[censored]ndivided share of land out of 82976.89 sq. Yards in sy.Nos.384, 385 & 426/a, situated at tellapur village, ramchandrapuram mandal, medak district.
3. It is pertinent to mention that believing the words and at the offer of the 1st to 3rd opposite parties the we undertook

I) agreement of sale dt:04.07.2009 for purchase of flat bearing no.601, station – 1, on 6th floor of the complex by name space station-1, comprise of super built up area of 1344 sq. Ft, with one covered car parking besides undivided share of land 28.90 sq. Yards out of 82976.89 sq. Yards in sy.Nos.384, 385 & 426/a, situated at tellapur village, ramchandrapuram mandal, medak district a consideration of rs.37, 03, 425/- and paid an amount of rs.6, 00, 000/- towards earnest money and advance sale consideration vide cheque no.312889 dt.28.06.2009 drawn on icici bank, vijayawada, and the same was acknowledged by the opposite parties no.1 to 3 vide receipt no.03516 dt.23.06.2009 and the same was also admitted and acknowledged in the agreement of sale dt.04.07.2009. On 10.07.2009 the complainant has paid a sum of rs.1, 40, 685/- vide cheque no.312890 dt.09.07.2009 drawn on icici bank, vijayawada, and the same was acknowledged by the opposite parties no.1 to 3 vide receipt no.03584 dt.10.07.2009. On 12.09.2009 the complainant, the opposite parties no.1 to 3 and the 4th opposite party had entered into tripartite agreement for housing loan, based on that agreement the 4th opposite party has paid a sum of rs.11, 11, 028/- on avail of home loan of rs.24, 34, 000/- by the complainant vide cheque no.499718 dt.12.09.2009 and the same was acknowledge by the opposite parties no.1 to 3 vide receipt no.03683 dt.12.09.2009, thus the total amount paid to you is rs.18, 51, 713/- in accordance with the terms and conditions of the agreement of sale dt.04.07.2009 as against the total consideration of rs.37, 03, 425/-.
Ii) agreement of sale dt:05.06.2009 for purchase of flat bearing no.420, station – 3, on 4th floor of the complex by name space station-1, comprise of super built up area of 1432 sq. Ft, with one covered car parking besides undivided share of land 30.79 sq. Yards out of 82976.89 sq. Yards in sy.Nos.384, 385 & 426/a, situated at tellapur village, ramchandrapuram mandal, medak district a consideration of rs.38, 73, 353/- and paid part of the consideration of rs.8, 07, 500/- towards earnest money and advance sale consideration vide cheque nos.923871 to 923875 all dated 23.5.2009 @ rs.49, 500/- each drawn on state bank of hyderabad, _____, rs.4, 60, 000/- vide cheque no.748452 dt.05.06.2009 drawn on citi bank, delhi and rs.1, 00, 000/- vide cheque no.312888 dt.05.06.2009 drawn on hdfc bank, vijayawada the same was acknowledged by the opposite parties no.1 to 3 vide receipt no.03433 dt.05.06.2009 and the same was also admitted and acknowledged in the agreement of sale dt.05.06.2009. On 06.02.2010 the complainant has paid a sum of rs.1, 80, 000/- vide cheque no.748464 dt.06.02.2010 drawn on citi bank, _____, and the same was acknowledged by the opposite parties no.1 to 3 vide receipt no._______. On 06.02.2010 the complainant, the opposite parties no.1 to 3 and the 4th opposite party had entered into tripartite agreement for housing loan, based on that agreement the 4th opposite party has paid a sum of rs.6, 00, 000/- on avail of home loan of rs.19, 32, 000/- by the complainant through internet transfer, thus the total amount paid to the opposite parties no.1 to 3 is rs.15, 87, 500/- in accordance with the terms and conditions of the agreement of sale dt.05.06.2009 as against the total consideration of rs.38, 73, 353/-.
4. W had paid a sum of rs.18, 51, 713/- as against the total consideration of rs.37, 03, 425/- & rs.15, 87, 500/- as against the total consideration of rs.38, 73, 353/- respectively. The 4th opposite party herein on the basis of agreement of sale sanctioned a home loan of rs.24, 34, 000/- & rs.19, 32, 000/- respectively with a condition to disburse the home loan on execution of mortgage of the flat besides utilization of the loan amount shall for the purpose mentioned in the loan application. In contrary to the terms of agreement the 4th opposite party released 45% of the home loan to the developer company even before start of construction. The 4th opposite party would have remitted into escrow account ought to be maintain by the developer company in this regard. As a result the developer company resorted to diversion of home loan by defeating the very purpose of the home loan scheme thereby made suffer the complainant.
5. It is pertinent to mention that the loan disbursement shall be co-related with the progress of the construction and in accordance with the provisions of section 4 & 5 of the ap apartment (Promotion of construction and ownership act & rules, 1987). Whereas the 4th opposite party violated the same and committed unfair practice.
6. It is submitted that the home loan banker being a legal body under law ought to follow the provisions of statues such as the andhra pradesh promotion of apartments and ownership act, 1987 besides other guidelines issued by its superior/regulatory authorities such as rbi & nhb while releasing the home loan but failed to do so thereby the developer company diverted the home loan including the margin money paid by the complainant. Thereby, 1st to 3rd opposite parties in collusion with the 4th opposite party committed not only deficiency of service but also unfair trade practice and caused loss besides physical suffering and mental agony to the complainant.
7. It is submitted that we were compelled to pay emi’s into home loan besides interest thereon as charged by the 4th opposite party, otherwise the 4th opposite party cautioned about the reference of default to the credit agency (Cbil). It is submitted that there has been no response over phone and mails from the opposite parties 1 to 3 in respect of progress of construction of flat under sale. Even though the complainants are ready to pay the balance of installments in accordance with the terms and conditions of the agreement of sale and progress of the construction, the opposite parties no.1 to 3 have not provided the details of the progress of the construction of the flat under sale as on date.
8. We submit that the opposite parties started aliens space station-1 project in the year 2007/08 and in the span of 7 to 8 years not even 1 station (Out of 13) is 100% complete, leave alone the amenities, car park, lakes and other infrastructure promised. It is not only deficiency of service and commitment; it is intentional case of cheating and deceiving innocent buyers who have invested sizable portion of their life savings with a dream to own a house. On noticing about the snail space of construction at project site the complaints prevailed up on the opposite parties 1 to 3 but they deaf eared and gave evasive replies. It is pertinent to mention that the developer company has to complete the construction of the flat by december, 2012 in terms of agreement sale dt.04.07.2009 and 05.06.2009 respectively under clause viii (Delivery of possession), under any circumstances. On the recent visit to the project, the complainant noticed that only basement work is completed, but the complainant’s flat is at 6th floor of the complex.
9. On noticing about the snail pace of works at the project we prevailed upon the opposite parties but could not get proper response. It is pertinent to mention that the opposite parties 1 to 3 have to complete the construction of the flat by december, 2012 in terms of agreement of sale dt.04.07.2009 and 05.06.2009 under clause viii (Delivery of possession), under any circumstances. Thereby the opposite parties committed deficiency of service in not constructing the flat under sale in terms of agreement of sale dt.04.07.2009 and 05.06.2009. Moreover the 4th opposite party is having charge over the flat soon after sanction and disbursement of the home loan. As such the home loan banker ought to exercise its charge for recovery of home loan from the opposite parties 1 to 3 but did not do so. As such complainant got issued legal notice on the opposite parties on the available address but there has been no response.
10. In view of cheating, mischief, fraud committed by the opposite parties no.1 to 3 the complainant lost the opportunity to have a residential accommodation in the year 2012 on the then prevailing costs. Besides the complainant paying interest into the home loan amount paid to the opposite parties no.1 to 3. Due to the fraudulent action of opposite parties no.1 to 3, the we suffered with mental agony, escalation of cost and other physical sufferings by wandering in and around the office of the opposite parties no.1 to 3 for the past few years, for which the opposite parties no.1 to 3 are liable to pay to a tune of rs.10, 00, 000/- to each o[censored]s.

11. The 1st to 3rd opposite parties continuously made false promises in collusion with the 4th opposite party and not completed the project with fraud intention to cheat the complainant. In view of deficiency of service and unfair trade practice committed by the 1st to 3rd opposite parties in collusion with the 4th opposite party, and having no scope of completion of construction in the near future by the opposite parties 1 to 3, the complainant demanding the refund of the sale consideration of rs.18, 51, 713/- and rs.15, 87, 500/-, which includes home loan, with 24% interest per annum for the period from the respective dates of payments and subsequent interest till the refund of the same from the opposite parties. Besides the opposite parties are also liable to pay compensation charges @ rs.3/- (Rs.3/- per square feet) per month according to clause-g of viii (Delivery of possession) for any reason if the opposite parties failed to handover the flat to us on or before december 2012, further the due date for handover of flat is already over by december, 2012 and due to the deficiency in service by the opposite parties. As such the opposite parties are liable to pay fair rental value @ rs.10/- per sq. Ft., per month for the delayed period w.E.F. December, 2012 to till the date if refunding the amount paid including compensation and interest.
12. It is submitted that in view of deficiency of service and unfair trade practice committed by the 1st to 3rd opposite parties, they are liable to pay compensation for escalation of costs, physical suffering and mental agony caused to the complainant to a tune of rs.10, 00, 000/- to each o[censored]s.
Customer no. – 1.
Sl.
No. Description amount date of payment made by the complainant [protected]@ 24% from the respective date of payment made grand total
1 earnest money paid 6, 00, 000/- 28.06.2009 9, 00, 000/- 15, 00, 000/-
2 further payment 1, 40, 685/- 10.07.2009 2, 11, 028/- 3, 51, 713/-
3 loan disbursed 11, 11, 028/- 12.09.2009 16, 22, 101/- 27, 33, 129/-
4 compensation towards holding charges @ rs.3/- per sq. Ft. Per month for 33 months

1, 33, 056/-

-

1, 33, 056/-
5 damages caused due to escalation of cost and mental suffering

10, 00, 000/-
- 10, 00, 000/-
6 fair rental value @ rs.10/- per sq. Ft., per month w. E. F. December, 2012 to till date
4, 43, 520/-
-
4, 43, 520/-
7 legal charges 50, 000/- - 50, 000/-
Total 34, 78, 289/- 27, 33, 128/- 62, 11, 417/-


Customer no. – 2.

Sl.
No. Description amount date of payment made by the complainant interest @ 24% from the respective date of payments made grand total
1 earnest money paid 2, 47, 500/- 23.05.2009 3, 76, 200/- 6, 23, 700/-
2 further payment 5, 60, 000/- 05.06.2009 8, 51, 200/- 14, 11, 200/-
3 loan disbursed 6, 00, 000/- 06.02.2010 8, 16, 000/- 14, 16, 000/-
4 further payment 1, 80, 000/- 06.02.2010 2, 44, 800/- 4, 24, 800/-
5 compensation towards holding charges @ rs.3/- per sq. Ft. Per month for 33 months

1, 41, 768/-

-

1, 41, 768/-
6 damages caused due to escalation of cost and mental suffering

10, 00, 000/-
- 10, 00, 000/-
7 fair rental value @ rs.10/- per sq. Ft., per month w. E. F. December, 2012 to till date
4, 72, 560/-
-
4, 72, 560/-
8 legal charges 50, 000/- - 50, 000/-
Total 32, 51, 828/- 22, 88, 200/- 55, 40, 028/-

Cause of action: the cause of action arose on 04.07.2009 and 05.06.2009 when the complainant had entered into agreement of sale and on due date of hand over of the possession of the flat by december 2012 and issue of legal notice dt._04.09.2015 to the opposite parties and receipt of notice and the cause of action is subsisting and continuous as the claim of the complainant so far not paid by the opposite parties.
Prayer:
Therefore it is humbly prayed that aliens should pay total amount of rs.62, 11, 417/-+rs.55, 40, 028/- = rs.1, 17, 51, 445/-
Thanks.
Nirbhaya kumar shah/abhishek kumar
Flat no.601 in station#1/flat no.420 in station#4


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