| Address: Sonipat, Haryana |
The private real estate developers main moto is to raise a tranche of funds from the hapless buyers and rope in as many buyers as possible. Ansal API has collected a hefty advance booking amount from the customer’s personal funds on the name of Advance Provisional Registration Allotment without specifying mandatory information about the details of Licence No., land holdings, project approval information, approved layout and service plan etimates on the following conditions:
(a) The offer of advance provisional registration allotment for villa in company’s future projects/townships likely to come up in NCR of Delhi, on mutually agreed terms and conditions as mentioned in the Application Form shall be made to applicant within 6 months of his/her registration application.
(b) The said advance paid by the applicant would be adjusted against the booking amount payable by him/her as and when offer of allotment of villa is made.
(c) In the event of offer of allotment for villa is made after 6 months, a simple interest @ 8% p.a. shall be paid for the period beyond 6 months on the amount paid up to the date the said offer of allotment is made.
(d) In case the company is not in a position to make offer of allotment for villa within a period of 12 months from the date of application, the company shall refund the advance registration deposit paid alongwith interest calculated @ 8% p.a.
2. The public tired of long waiting of more than 5 years, when cried hoarse for allotment of villa, the company returned the amount under the pretext that the company is not in position to make offer of allotment as per clause (d) mentioned above of the Advance Registration Form. The astonishing fact is that the company was never serious enough to go ahead with the plan of offer of Villa. Ansal API has thoughtfully made out a plan of collecting huge amount of money by luring the public by making false promises with malafide and corrupt motives. It may be seen from the above that Ansal API has illegally raised funds from the public and was sitting on a pretty pile of huge cash collected illegally from the public . The case is tantamount to forgery, cheating, deception and breach of trust. The developers take the public for the ride as they are never accountable to the customers as there is neither any central or any state law to back up the customers. The seller/buyer agreement is always heavily loaded in favour of developers. The confidence of developers has peaked to violate the statutes Rules and Regulations with impunity without fear of prosecution courtesy leniency of DG TCP particularly when the Department of Town & Country Planning and Urban Estates is presently under the direct control of the Hon’ble Chief Minister, Haryana. The developers do not furnish authenticated copies of advertisements and the seller/buyer agreement to Directorate and also do not comply with Rules 26 to 28 related to rendition of statement of account and intimation of amount realized from buyers. The role of Town & Country Planning Department has come under criticism and scrutiny from all sides for not reining the erring developers.
3. The provisions of Haryana Development and Regulation Urban Areas Act 1975 and Rules made thereunder enumerate in detail the powers of DG TCP and arms him with the jurisdiction to issue appropriate directions from time to time for ensuring due compliance in the execution of the layout and development works in accordance with the licence granted and every such directions issued are required to be complied with by the licensee. The powers vested in DG TCP to grant licence carries with it the power to issue ancillary directions to ensure strict compliance of terms and conditions of licence, the provisions of Act and Rules and to prevent the abuse of the licence by the coloniser. The responsibility of DG TCP assumes even greater importance in view of the fact that the interest of innocent property buyers is safeguarded as they are normally not in a position to organize or act meaningfully for redressal of their grievances, or the protection of their interests, even though often their life-savings may be at stake.
4. Haryana is becoming the venue of a tussle between residents and builders on various issues ranging from possession delays to illegal selling of the common areas and facilities by the builders, after collecting huge sums for them from the flat owners. The violations of statute rules by developers are being committed with impunity without any fear of prosecution.
Aug 13, 2020
Complaint marked as Resolved 
Kindly contact me in case of fighting legal battle against M/s Ansal API
Regards,
Harsh Parekh
Advocate
Email : [protected]@gmail.com
[protected] (M)