[Resolved]  Hm Constructions — Refusal to refund of money paid

we had booked for flat in HM Worldcity phase -II in Feb -2007 after visiting the site and seeing the construction in progress in phase-1.

Thereafter we made the advance payment and the initial three instalments for the progressive construction and for the sale & construction agreements, a sum of over over Rs 20 lakhs( 40% of the total cost) by March 2007. As per the agreement, the flat was to be handed over by July 2008. But in July 2007, we recd. a letter from buildder stating a delay in getting permit and the revised handing over date is shifted to Dec 2008.

Sometime in Oct 2008, when we visited the site, there was no work going on, and no progress of work since March 2007. The phase -I was getting completed and few had startetd occupying even when lots of works were pending/being done.

Then we decided to cancel the booking and seek the refund and sent registerd letter and email.

We had sent number of mails and letters by registered post and even visited thier office in Bangalore.

But the builder is non responsive to our request for cancellation and refund of money paid.

Now the builder has snet a letter syaing that the Construction Commencement cirtificate is not yet been recd. and the project is further delayed till Dec 2010.

The mail & our reply that is as below:
To

The Directors
HM constructions

As repeatedly commumicated to over email and registered post, we are not interested to continue in your project (as:


You have failed to make any progress in work after collecting over Rs 20 lakhs from us in March 2007
Failed to handover the flat to us by Dec 2008
Failed to respond to our repeated requests for cancellation of the agreements-SEPIA-304
Failed to respond to our repeated requests for refund of our money already paid to you
Now there is further delay and you have not even commenced the construction, but simply blaming tha authorities and not sure when you will complete the project


Hence please arrange to cancel our agreements and refund our money withiut any further delay and confirm in writing when you will refund the money.

Thanking you,

B.Prabhakar and Prema Prabhakar




--- On Mon, 6/15/09, CRM <[protected]@hmconstructions.com> wrote:


From: CRM <[protected]@hmconstructions.com>
Subject: HM World City II
To: [protected]@hmconstructions.com
Date: Monday, June 15, 2009, 4:16 PM


Dear Sir,

Subject: Delay in Completion of the Project - Phase II

Further to our earlier communication on our HM World City project, we would like to intimate the factual position in the progress made as follows:

1. The building has been completed upto plinth area and awaiting for Commencement Certificate from the BBMP, which has not been issued inspite of our best efforts. However, the matter is taken up with the authorities for early disposal.

2. Since further construction will commence only after the receipt of Commencement Certificate, which is beyond our control, there will be delay in the completion of the project and consequent delivery of the Apartment, but not later than Dec 2010.

3. We will keep you informed on the progress and also installment Payment to facilitate early completion once the above mentioned formalities are fulfilled.

4. If any clarification or information is required, please contact our marketing department.

Regards,
CRM Team





The following is the summary of correspondence with the builder.

From: Prabhakar B <[protected]@yahoo.com>
To: sridevi <[protected]@hmconstructions.com>
Cc: [protected]@vsnl.com; HM constructions <[protected]@hmconstructions.com>
Sent: Friday, March 13, 2009 12:24:33 PM
Subject: Re: HM World city - SEPIA 304- Cancellation and refund-


Dear Ms. Sridevi,

Nearly six weeks have passed since we discuused in person and I hope you had discussed with you Directors regarding cancellation and refund of amount paid for SEPIA 304 and finalised the modalities of refunding.

Would very much appreciate if a final solution is arrived on this issue without any further delay.

Please acknowlede the receipt of this mail and inform action taken.

Thanking you,

B.Prabhakar





[protected][protected][protected][protected]
From: sridevi <[protected]@hmconstructions.com>
To: Prabhakar B <[protected]@yahoo.com>
Sent: Tuesday, January 27, 2009 9:37:23 AM
Subject: Re: Kind Attn: Mr. H.J.Siwani -Director- Request for appointment Reg-: HM World city - SEPIA 304- Cancellation and refund-


Dear Sir,

With reference to our discussions regarding above subject. I will discuss with Directors and revert back to you.

Kindly bear with us.

Regards

Sridevi Ramesh

----- Original Message -----
From: Prabhakar B
To: [protected]@vsnl.com
Cc: HM constructions ; [protected]@hmconstructions.com
Sent: Wednesday, January 21, 2009 8:03 PM
Subject: Kind Attn: Mr. H.J.Siwani -Director- Request for appointment Reg-: HM World city - SEPIA 304- Cancellation and refund-


Dear Mr. Siwani- Director -HMGroup,

As there was no communication from your office in response to my various mails, I had to come from Chennai to Bangalore to discuss this matter.

I met Ms. Sridevi, this morning at your office. She told me that the refund modalities are to be decided only by you. Hence I asked her to fix an apponitment for me with you today itself any time, but she could not do so ( I don't know for whatever reasons!!!) while I was waiting in your office from 11 to 12 and then from 2.30 to 6.0 p.m.

I also requested your secretary Ms. Rashmi, to contact you and fix an appointment for me with you in this connection, atleast on Thursday morning, but she could not confirm till now.

Hence Iam sending this mail seeking a meeting with you on Thursday ( 22nd Jan) morning.

The traling mails give the sequence of communication sent by me from mid Nov-08 on this issue.

Please do the needful immediately.

Shall meet you on Thursday morning.

Thanking you,
B.Prabhakar
+[protected]


----- Forwarded Message ----
From: Prabhakar B <[protected]@yahoo.com>
To: HM constructions <[protected]@hmconstructions.com>
Sent: Friday, January 16, 2009 12:22:14 PM
Subject: Fw: HM World city - SEPIA 304- Cancellation and refund- Reminder-5


This reminder -5.

Subsequent to my mail dated 27th Dec-08, I sent a regd. letter on 3rd Jan-09 ( Reminder -4) and subsequently spoke to Ms. Sridevi on 15th Jan-09, who promised to call me back the same day and inform me as when the monney will be refunded.

But she did not call back, neither did she answer my phone. Now her mobile is switeched off.

Will anyone responsible, pls. look into the matter and reply immediatey.

Prabhakar
Chennai
+[protected]


----- Forwarded Message ----
From: Prabhakar B <[protected]@yahoo.com>
To: HM constructions <[protected]@hmconstructions.com>
Sent: Saturday, December 27, 2008 6:37:10 PM
Subject: Fw: HM World city - SEPIA 304- Cancellation and refund- Reminder-3


This reminder -3.

Please respond to the issue of Cancellation and refund for SEPIA-304.

Though someone from your office called me ( [protected]) on Tuesday 23rd Dec. and informed that I will be provided with response letter in the next 2-3 days, till date I have not recd. any response from you.

If a reply letter has already been sent by you by ordinary post, request you to pls. email me scanned copy of the same.

Expecting your immediate reponse.

Thanking you,

B.Prabhakar
+[protected]
27th Dec 2008, 1840 hrs



----- Forwarded Message ----
From: Prabhakar B <[protected]@yahoo.com>
To: HM constructions <[protected]@hmconstructions.com>
Sent: Tuesday, December 23, 2008 11:07:48 AM
Subject: Fw: HM World city - SEPIA 304- Cancellation and refund- Reminder-2


This is reminder -2

Please respond to the issue of Cancellation and refund for SEPIA-304.

Following is the letter sent by registered post to you.

To 12th November 2008

GLOBAL ASSOCIATES

HM Geneva House

#14, Cunningham Road

Bangalore 560052

Ph:[protected]



From:

B.Prabhakar & Mrs. Prema Prabhakar

Flat-5, “Karthikeya”

60-Rukmani Road, Besant Nagar

Chennai 600090



Reference : Flat No-304, SEPIA Block, HM World City

Subject : Termination of Agreement



We booked the above referred flat by paying an amount of Rs 1, 00, 000/- vide Cheque no 273455 of HDFC Bank dated 27th January 2007 and have paid a total amount of Rs 20, 95, 440 as detailed below:

S.No. Cheque /DD no. Date Amount Rs

1 HDFC[protected]Jan-07 100, 000

2 DD-SBI[protected]Feb-07 355, 742

3 SBI[protected]Mar-07 200, 000

4 SBI[protected]Mar-07 200, 000

5 SBI[protected]Mar-07 200, 000

6 SBI[protected]Mar-07 83, 208

7 SBI[protected]Mar-07 200, 000

8 SBI[protected]Mar-07 118, 830

9 SBI[protected]Mar-07 200, 000

10 SBI[protected]Mar-07 118, 830

11 SBI[protected]Mar-07 200, 000

12 SBI[protected]Mar-07 118, 830


Total 2, 095, 440


Though as per the agreement, the flat was scheduled to be handed over to us by Sept-2008, vide your letter dated 18th July 2007, you had informed that the delivery date is revised to 31st December 2008.


On visit to the site in early October 2008, we noticed that there is no construction beyond the ground floor slab and no construction work is going on. As there is no possibility of you handing over the flat to us by end 2008, we want to terminate the agreement and want you to refund the total amount of Rs20, 95, 440 and interest thereupon.


Kindly acknowledge the receipt of this letter and please inform at the earliest, the modalities for return of the amount of Rs20, 95, 440/- and interest.

Thanking you,

B.Prabhakar and Mrs.Prema Prabhakar


Its is over a month and regret to not that there is no response from you.


Please reply immediately indicating the modalities for refund.

Regards,

B.Prabhakar & Prema Prabhakar
+[protected]


----- Forwarded Message ----
From: Prabhakar B <[protected]@yahoo.com>
To: HM constructions <[protected]@hmconstructions.com>
Sent: Monday, December 22, 2008 10:57:14 AM
Subject: HM World city - SEPIA 304- Cancellation and refund


This has reference to the letter dated 11th Nov-08 sent to you by registered post ( and recd. and acknowledged by you) regarding our desire to cancel the SEPIA 304 agreements.

Till date there is no reply from you regarding our request to you to cancel the agreements and refund the amount paid till date with interest.

Please reply by return mail indicating the modalities for cancellation of the SEPIA 304 agreemnts and refund of the amount ( with interest)

Thanking you,

B.Prabhakar & Prema Prabhakar
+[protected]