Comments
Hi Darshana,
Please tell me your experience with Lodha Dwellers Pvt. Ltd. for Lodha Casa Rio, Palava project. Are we being taken for a ride? This behaviour is suspicious. I really think something is wrong. Why do they have to hide from buyers?
I am really getting worried as I have not received payment receipts. All money is debited from my account and the bank statement does show that it has been deposited into their Kotal Bank Account Number as mentioned by their modes of payment letters sent to us.
Babu
Please tell me your experience with Lodha Dwellers Pvt. Ltd. for Lodha Casa Rio, Palava project. Are we being taken for a ride? This behaviour is suspicious. I really think something is wrong. Why do they have to hide from buyers?
I am really getting worried as I have not received payment receipts. All money is debited from my account and the bank statement does show that it has been deposited into their Kotal Bank Account Number as mentioned by their modes of payment letters sent to us.
Babu
Thats really very true. The type of services provide is pathetic. Even we are facing the same problem
Hi Meeta Lohana,
http://www.indianrealestateforum.com/mumbai/t-casa-rio-palava-12161-page23.html go to this page. You will find some help here.
All the best.
Thanks,
Babu
http://www.indianrealestateforum.com/mumbai/t-casa-rio-palava-12161-page23.html go to this page. You will find some help here.
All the best.
Thanks,
Babu
Hi,
I have booked a flat in Casa Rio in June 2010. The Lodha Call Center number[protected] and[protected] are of no help as no one from Lodha ever seems to be bothered to pick the calls let alone answering your queries. These guys are most pathetic. Wonder how they do their business. I have so many queries regarding my payment receipts, registration process. They are horrible, pathetic, disgusting, unprofessional, undisciplined and bogus.
Don't book their flats, no after sales service. They make you beg for anything and everything.
Third class company, third class builder, third class CASA RIO. Lodha Dwellers Pvt. Ltd. is a CHEATER BUILDER.
I have booked a flat in Casa Rio in June 2010. The Lodha Call Center number[protected] and[protected] are of no help as no one from Lodha ever seems to be bothered to pick the calls let alone answering your queries. These guys are most pathetic. Wonder how they do their business. I have so many queries regarding my payment receipts, registration process. They are horrible, pathetic, disgusting, unprofessional, undisciplined and bogus.
Don't book their flats, no after sales service. They make you beg for anything and everything.
Third class company, third class builder, third class CASA RIO. Lodha Dwellers Pvt. Ltd. is a CHEATER BUILDER.
I do also agree as I face the same issue, customer care never lifts the telephone and very poor communication from Lodha Group
extremely bad experience with Lodha builder. They are increasing the cost of flat after booking and paying 20% amount. The builder is forcing the buyers for paying extra amount and interest if not paid.
On their part, they are delaying the project completion and many other terms and conditions.
Same is the experience with all my friends and all other buyers. Is there any forum to file PIL against the builder and teach them a lesson?
On their part, they are delaying the project completion and many other terms and conditions.
Same is the experience with all my friends and all other buyers. Is there any forum to file PIL against the builder and teach them a lesson?
I would agree to Babu on the the customer service part... they are seriously disgusting... they have hired some useles prople in the staff those whi have no understanding of basic things... I had to wait at there office for 4 hrs to get a NoC. Bloddy as if they are doing a favour for me.
Inspite of having a clear cut mail from them theat no interst would be charged, they are charging me an interst of 40 K...
&%^$#ing dont understand how a common man puts their hard earned money in the hand of people like them.
Inspite of having a clear cut mail from them theat no interst would be charged, they are charging me an interst of 40 K...
&%^$#ing dont understand how a common man puts their hard earned money in the hand of people like them.
Lodha Dwellers Pvt. Ltd. — Cheating from Lodha Builders in their Project Casa Rio
M/s Lodha Dwellers Pvt. Ltd. have wrongly charged interest of Rs.39,002.00and deducted from oour loan account cheque.
Palva — Project delay and change of plan
I bought a flat in Dec 2009 in dombivali. As per the sales agreement possession date was April 2011 and six months was the grass period. Now builders saying that flat will be ready for possession June 2012. The builder is not ready to pay compensation for the delay and changed the designed of the project without our notice. Can I lodge a complaint in the consumer court regarding change of plan and delay? will I get any favourable decisions, if not how can I proceed legally ? Deepest heartfelt condolences for booking a Lodha flat. You can console yourself with the truth that you are not the only one who is suffering because of Lodha's careless customer care service. I wonder who has got the solution to tackle this great builder
Facing terrible issues with them myself.. seems to be a loss to invest with such builders..
I have taken up the issue of their one sided agreement as follows-
Please refer my e-mail dated 24/1/11, copy enclosed. You have denied me the draft agreement which you are asking me to sign today the 22/6/11.
I strongly object to following clauses in the agreement as the same are totally contrary to the model agreement given under MOFA. Not only the agreement violates MOFA, it totally one sided agreement in your favour.Hence violates equity and fair play and contravenes the provisions of the India Contract Act. Below I am citing some of such clauses-
1. The definitions in para 1, sub clause E to H, K, M, N are unnecessary as all these words are well defined in the General clauses Act & some of the words like carpet area, common areas are defined under MOFA. Hence such interpretations are with ulterior motive & mala fide intensions and are not acceptable.
Para3- I, as a purchaser has not been informed about the details as stated in paras (a) to (d) in fact I have specifically asked vide my e-mail dated dated 24/1/11 as follows
List of amenities- Kindly let us know the name of the leading lift manufacturer whose lift will be installed in Atlantica B building, make of the ceramic tiles, brand name/ make and capacity of the a/c which will be installed in our flat. You have not reverted back on this. Kindly specify the details. Hence I do not agree to para 3 of the agreement as you have not made the required disclosures to me.
2. Para 3.2, page 7---- I am not satisfied with the title of the property and I do not waive of my rights for the same.
Para 4.3- It is stated that you can not enhance the price after the sale has been done on 12/12/10, hence I do not agree for 10% increase in the cost of the flat. I had made this objection in my e-mail dated 24/1/11 as-- Paragraph 13- Kindly give the details of existing costings and the builder/ promoter profit margins, the allottee will not be responsible to any cost escalations as the costing has been decided by the builder/ promoter himself. The allottee cannot be burdened with addition costs due to negligence of the builder or the building sanctioning authority. If I had known that I will be asked for enhanced amounts other than as agreed at the time of sale I would not have booked this flat.
3. Para 5.1 page 8---As per this para building plans have not yet been sanctioned, if the same had been sanctioned then there is no requirement of this clause.
4. Para 5.2 page 9--- I do not like to give a blanket consent nor waive of my right to object to the builder if he wants to build more floors after the building is occupied by me and Occupation & completion certificates have been obtained.
5. Para5.4 Page 10---I do not agree to the clause . The builder can not cause any nuisance and annoyance after I have occupied the flat.
6. Para 5.5 page 10--- The builder has to transfer the building to the society as per the statutory provisions, he can not violate the statutory provisions under this clause. I can not waive of my statutory rights under this clause.
7. Para 6 page 10---- This clause is not clear, it will be agreed to if the builder enters into a tripartite agreement with the bank & me. All payments will be made to the builder as I am entering into an agreement with him not with any third party.
8. Para 8 page 12—Car parking. MOFA has given clear guidelines on this issue and I will not waive off my statutory rights under this clause.
9. Para 9 page 12---Registration—You have fixed the date for the same on 22/6/11 and want to charge me Rs7000/- for it, hence this clause is not under stood. Kindly let me know why you will be charging me Rs7000/- for this service. Kindly provide me the break up for the amount you are charging.
10. Para 10 page 12 &13 –Possession—Possession should be given to me on or before July 2013 as per your allotment letter dated 12.1.11. This is the date chosen by you. If there is a single day delay I should be given 18% interest for the delay for the amount paid to you. I cannot give any grace period to you. The law on this issue is very clear, if there delay the builder has to compensate the purchaser. Hence delete these clauses as they have no meaning in view of the various case laws on this issue & settled position of law. I will seek necessary compensation from the court for the delay hence clause 10.3 on page 13 is totally irrelevant and not agreed to.
11. Para 10.4 page 13—This clause is not clear, it is likely that the builder does not have clear title to the land where the building is being constructed or has not received approved plans and the CC for construction.
12. Para 10.5 page 13 & 14—I do not agree to any of these clauses it appears that the builder is not organized, he may face economic hard ships. The builder has not yet received the necessary approvals for the building.
13. Pare 10.6 page 14---This clause clearly brings out the one sided agreement, if the builder is willing to pay me the rate as specified in this clause for not giving me the possession on time, I will agree to this clause otherwise it is totally one sided. All these issues have been taken up with the builder vide my e-mail dated 24.1.11, which the builder has not replied.
14. Para 11 page 14—Defect liability---The builder cannot limit the defect liability to a figure below one lac only.The defect will be rectified at his risk & cost.
15. Para 13 page 15---Ultimate organization----The builder is required to transfer the building & property to the society as per the statutory provisions. Hence the clauses which are not in accordance with the statutory provisions are not in order. Hence as a purchaser I can not waive of the rights of the society after its formation. The society will function as per the model bye laws, the builder can not interfere in its functioning. The bye laws of the society will define the common areas and the facilities as per model bye law clause xxii refers. It is for the AGM/elected members of the society to decide the name of the society as a purchaser I can not tell what will be the name of the society. I can not give any commitment in this agreement regarding such issues and waive of my rights or the society’s rights.
16. Para 14 page 16—Facility management—These issues will be decided by the society and I can not waive off any of my statutory rights as an allotee.The clause is totally in the favour of the builder wherein he wants to control the FMC but is not ready to accept any responsibility. As a purchaser, if I am paying for services, the same should be satisfactory. As a purchaser I am not aware what is stated in para 14 on page 17 regarding builder is not in the business of providing services proposed to be provided by FMC or through FMC.
17. Para 15.2 Page 17—Restricted areas and amenities----The society will take decision on functioning of the club, as a purchaser I cannot agree to this clause.
18. Para 16 Page 18—Contributions, charges and expenses----The society will take decision on Contributions, charges and expenses as per the Bye laws. As a purchaser I cannot agree to this clause. It may be mentioned here that at the time of purchase. The builder must have taken into account inflation and other charges for providing the club facilities. On the representation during sale I opted for the flat including the club facilities. The builder cannot at this stage ask for more amount for the club.
19. Para 18(o) page 22--- The builder cannot put such restrictive clause, in this regard my below e-mail dated 24.1.11 refers. The builder/ promoter cannot put such restrictions on the allottee as long as the allottee pays him for the flat on time. There is no requirement for a NOC from the builder/ promoter the allottee can assign his interest in the flat to anybody any time with the consent of the builder/ promoter.
20. Para 20 page 23---- Default, termination and liquidated damages----If a purchaser violates any of the clauses given in the agreement and as stated in this letter, which are totally unreasonable and violates the provisions of MOFA/ any other statute. The termination of the agreement will be total illegal and none of the provisions given under para 20 of the agreement will be applicable. The builder in such a case in liable for damages and refund of full amount with 18% interest to the purchaser.
21. Para 21 page 25-----I have clarified the issue regarding appointment of the Arbitrator in my e-mail dated 24.1.11 as The arbitration clause is totally prejudicial to the interest of the allottee as this clause permits the builder/ promoter to appoint his own arbitrator, this is totally against the rules of natural justice as the arbitrator will act as a judge in its own cause on behalf of the builder/ promoter as he will be paid by him. Hence the arbitrator should be a neutral person. Both i.e. the allottee and the builder should mutually agree for his appointment, so that the arbitration award is free from any biased and prejudices. Hence this clause should be amended that the arbitrator will be appointed by the allottee and builder/ promoter not by builder/ promoter alone as mentioned in this clause.
22. Annexure 2---In this annexure various Lodha Group of companies are mentioned namely Lodha Construction( Dombivali), Lodha Pinnacle Build Tech and farms Pvt. Ltd. Kindly let me know what is the holdings of each company and the details of directors. What is the relationship between the above company and Lodha Dwellers Pvt Ltd. In sub clause (v) of the annexure it is stated that legal proceedings have been instituted, Can you please give me the details of the legal proceedings? Please give me the copies of the mortgage deeds as mentioned in sub clause vi to viii. In the fifth schedule on page 53 there is mention of special suit no. 231/2010 before Civil Judge Senior Division Kalyan – please give me the details of this case.
23. In annexure 10—There is mention of the amenities which will be provided, however the same are vague as it mentions –Lifts from leading manufacturer, Jaguar* fittings and parry ware*/ Roca ( or equivalent as per discretion of the designers)---- Can you please mention the equivalent of both these fittings. You have not given the capacity of the A/C and its brand name.
24. In annexure 11---This annexure talks about society charges, can you please let me know how Rs 3.31 per sq. ft. has been worked out. Why Rs20000/- is being charged for registration of the Ultimate Organisation—Can you please give me the breakup of this amount. The other charges mentioned in this annexure are legal charges of Rs20000/-, Rs 40000/- for electricity, water etc.Rs119.28 p per sq . ft. for infrastructure/ civil governance charges – Kindly give me the details of these charges.Club membership should be on voluntarily basis not mandatory. The same was objected vide my e-mail dated 24/1/11 as Please give me the details of the maintenance charges, what amenities will be provided in the civil governance. You are charging Rs 20000/- as legal fees, being a lawyer myself, please give the details of the legal fees. Kindly give me the details of the expenditure for getting a electric & water connection for the flat from the Govt. agencies. Give me the details of the expenditure which you will incur for registering the society of the Atlantica B building, we are ready and willing to pay the necessary charges for the facilities ( water, electricity charges, fees for society registration etc) to the Govt. agencies.
25. Pages 60 to 90 of the agreement are not legible and not under stood.
26. Para 22 page 25—As stated above most of the clauses are invalid and illegal. Hence is whole agreement is not as per the model agreement given in the MOFA. In view of the above, I will request you to remove all the provisions which are not in order as delineated above.
27. In view of the above and in accordance with para 24 on page 26 of the agreement, it is requested that this e-mail may be considered as per of the agreement and signed by the builder as per the clause ibid and made part of the agreement if the builder does not want to modify the clauses as stated in the above paras.
A victim of Lodha
Please refer my e-mail dated 24/1/11, copy enclosed. You have denied me the draft agreement which you are asking me to sign today the 22/6/11.
I strongly object to following clauses in the agreement as the same are totally contrary to the model agreement given under MOFA. Not only the agreement violates MOFA, it totally one sided agreement in your favour.Hence violates equity and fair play and contravenes the provisions of the India Contract Act. Below I am citing some of such clauses-
1. The definitions in para 1, sub clause E to H, K, M, N are unnecessary as all these words are well defined in the General clauses Act & some of the words like carpet area, common areas are defined under MOFA. Hence such interpretations are with ulterior motive & mala fide intensions and are not acceptable.
Para3- I, as a purchaser has not been informed about the details as stated in paras (a) to (d) in fact I have specifically asked vide my e-mail dated dated 24/1/11 as follows
List of amenities- Kindly let us know the name of the leading lift manufacturer whose lift will be installed in Atlantica B building, make of the ceramic tiles, brand name/ make and capacity of the a/c which will be installed in our flat. You have not reverted back on this. Kindly specify the details. Hence I do not agree to para 3 of the agreement as you have not made the required disclosures to me.
2. Para 3.2, page 7---- I am not satisfied with the title of the property and I do not waive of my rights for the same.
Para 4.3- It is stated that you can not enhance the price after the sale has been done on 12/12/10, hence I do not agree for 10% increase in the cost of the flat. I had made this objection in my e-mail dated 24/1/11 as-- Paragraph 13- Kindly give the details of existing costings and the builder/ promoter profit margins, the allottee will not be responsible to any cost escalations as the costing has been decided by the builder/ promoter himself. The allottee cannot be burdened with addition costs due to negligence of the builder or the building sanctioning authority. If I had known that I will be asked for enhanced amounts other than as agreed at the time of sale I would not have booked this flat.
3. Para 5.1 page 8---As per this para building plans have not yet been sanctioned, if the same had been sanctioned then there is no requirement of this clause.
4. Para 5.2 page 9--- I do not like to give a blanket consent nor waive of my right to object to the builder if he wants to build more floors after the building is occupied by me and Occupation & completion certificates have been obtained.
5. Para5.4 Page 10---I do not agree to the clause . The builder can not cause any nuisance and annoyance after I have occupied the flat.
6. Para 5.5 page 10--- The builder has to transfer the building to the society as per the statutory provisions, he can not violate the statutory provisions under this clause. I can not waive of my statutory rights under this clause.
7. Para 6 page 10---- This clause is not clear, it will be agreed to if the builder enters into a tripartite agreement with the bank & me. All payments will be made to the builder as I am entering into an agreement with him not with any third party.
8. Para 8 page 12—Car parking. MOFA has given clear guidelines on this issue and I will not waive off my statutory rights under this clause.
9. Para 9 page 12---Registration—You have fixed the date for the same on 22/6/11 and want to charge me Rs7000/- for it, hence this clause is not under stood. Kindly let me know why you will be charging me Rs7000/- for this service. Kindly provide me the break up for the amount you are charging.
10. Para 10 page 12 &13 –Possession—Possession should be given to me on or before July 2013 as per your allotment letter dated 12.1.11. This is the date chosen by you. If there is a single day delay I should be given 18% interest for the delay for the amount paid to you. I cannot give any grace period to you. The law on this issue is very clear, if there delay the builder has to compensate the purchaser. Hence delete these clauses as they have no meaning in view of the various case laws on this issue & settled position of law. I will seek necessary compensation from the court for the delay hence clause 10.3 on page 13 is totally irrelevant and not agreed to.
11. Para 10.4 page 13—This clause is not clear, it is likely that the builder does not have clear title to the land where the building is being constructed or has not received approved plans and the CC for construction.
12. Para 10.5 page 13 & 14—I do not agree to any of these clauses it appears that the builder is not organized, he may face economic hard ships. The builder has not yet received the necessary approvals for the building.
13. Pare 10.6 page 14---This clause clearly brings out the one sided agreement, if the builder is willing to pay me the rate as specified in this clause for not giving me the possession on time, I will agree to this clause otherwise it is totally one sided. All these issues have been taken up with the builder vide my e-mail dated 24.1.11, which the builder has not replied.
14. Para 11 page 14—Defect liability---The builder cannot limit the defect liability to a figure below one lac only.The defect will be rectified at his risk & cost.
15. Para 13 page 15---Ultimate organization----The builder is required to transfer the building & property to the society as per the statutory provisions. Hence the clauses which are not in accordance with the statutory provisions are not in order. Hence as a purchaser I can not waive of the rights of the society after its formation. The society will function as per the model bye laws, the builder can not interfere in its functioning. The bye laws of the society will define the common areas and the facilities as per model bye law clause xxii refers. It is for the AGM/elected members of the society to decide the name of the society as a purchaser I can not tell what will be the name of the society. I can not give any commitment in this agreement regarding such issues and waive of my rights or the society’s rights.
16. Para 14 page 16—Facility management—These issues will be decided by the society and I can not waive off any of my statutory rights as an allotee.The clause is totally in the favour of the builder wherein he wants to control the FMC but is not ready to accept any responsibility. As a purchaser, if I am paying for services, the same should be satisfactory. As a purchaser I am not aware what is stated in para 14 on page 17 regarding builder is not in the business of providing services proposed to be provided by FMC or through FMC.
17. Para 15.2 Page 17—Restricted areas and amenities----The society will take decision on functioning of the club, as a purchaser I cannot agree to this clause.
18. Para 16 Page 18—Contributions, charges and expenses----The society will take decision on Contributions, charges and expenses as per the Bye laws. As a purchaser I cannot agree to this clause. It may be mentioned here that at the time of purchase. The builder must have taken into account inflation and other charges for providing the club facilities. On the representation during sale I opted for the flat including the club facilities. The builder cannot at this stage ask for more amount for the club.
19. Para 18(o) page 22--- The builder cannot put such restrictive clause, in this regard my below e-mail dated 24.1.11 refers. The builder/ promoter cannot put such restrictions on the allottee as long as the allottee pays him for the flat on time. There is no requirement for a NOC from the builder/ promoter the allottee can assign his interest in the flat to anybody any time with the consent of the builder/ promoter.
20. Para 20 page 23---- Default, termination and liquidated damages----If a purchaser violates any of the clauses given in the agreement and as stated in this letter, which are totally unreasonable and violates the provisions of MOFA/ any other statute. The termination of the agreement will be total illegal and none of the provisions given under para 20 of the agreement will be applicable. The builder in such a case in liable for damages and refund of full amount with 18% interest to the purchaser.
21. Para 21 page 25-----I have clarified the issue regarding appointment of the Arbitrator in my e-mail dated 24.1.11 as The arbitration clause is totally prejudicial to the interest of the allottee as this clause permits the builder/ promoter to appoint his own arbitrator, this is totally against the rules of natural justice as the arbitrator will act as a judge in its own cause on behalf of the builder/ promoter as he will be paid by him. Hence the arbitrator should be a neutral person. Both i.e. the allottee and the builder should mutually agree for his appointment, so that the arbitration award is free from any biased and prejudices. Hence this clause should be amended that the arbitrator will be appointed by the allottee and builder/ promoter not by builder/ promoter alone as mentioned in this clause.
22. Annexure 2---In this annexure various Lodha Group of companies are mentioned namely Lodha Construction( Dombivali), Lodha Pinnacle Build Tech and farms Pvt. Ltd. Kindly let me know what is the holdings of each company and the details of directors. What is the relationship between the above company and Lodha Dwellers Pvt Ltd. In sub clause (v) of the annexure it is stated that legal proceedings have been instituted, Can you please give me the details of the legal proceedings? Please give me the copies of the mortgage deeds as mentioned in sub clause vi to viii. In the fifth schedule on page 53 there is mention of special suit no. 231/2010 before Civil Judge Senior Division Kalyan – please give me the details of this case.
23. In annexure 10—There is mention of the amenities which will be provided, however the same are vague as it mentions –Lifts from leading manufacturer, Jaguar* fittings and parry ware*/ Roca ( or equivalent as per discretion of the designers)---- Can you please mention the equivalent of both these fittings. You have not given the capacity of the A/C and its brand name.
24. In annexure 11---This annexure talks about society charges, can you please let me know how Rs 3.31 per sq. ft. has been worked out. Why Rs20000/- is being charged for registration of the Ultimate Organisation—Can you please give me the breakup of this amount. The other charges mentioned in this annexure are legal charges of Rs20000/-, Rs 40000/- for electricity, water etc.Rs119.28 p per sq . ft. for infrastructure/ civil governance charges – Kindly give me the details of these charges.Club membership should be on voluntarily basis not mandatory. The same was objected vide my e-mail dated 24/1/11 as Please give me the details of the maintenance charges, what amenities will be provided in the civil governance. You are charging Rs 20000/- as legal fees, being a lawyer myself, please give the details of the legal fees. Kindly give me the details of the expenditure for getting a electric & water connection for the flat from the Govt. agencies. Give me the details of the expenditure which you will incur for registering the society of the Atlantica B building, we are ready and willing to pay the necessary charges for the facilities ( water, electricity charges, fees for society registration etc) to the Govt. agencies.
25. Pages 60 to 90 of the agreement are not legible and not under stood.
26. Para 22 page 25—As stated above most of the clauses are invalid and illegal. Hence is whole agreement is not as per the model agreement given in the MOFA. In view of the above, I will request you to remove all the provisions which are not in order as delineated above.
27. In view of the above and in accordance with para 24 on page 26 of the agreement, it is requested that this e-mail may be considered as per of the agreement and signed by the builder as per the clause ibid and made part of the agreement if the builder does not want to modify the clauses as stated in the above paras.
A victim of Lodha
I am a victim of a fraudulent deal by the so called reputed builder- Lodha Developer, as you are already aware. For details of similar cases you can go through " Casario Scam" in internet
Lured by their attractive full page repeat ad in Times, I had booked on 1 August, 2010, a 2 BHK Ultima type flat at their Casario site, Palava, Kalyan- Sil Road., at an approximate value of about 40 Lake I had made on the spot payment of Rs 29, 000 during booking time. Further, on acceptance of my application, the builder demanded a further sum of over Rs 5, 11, 000 as 20% of the consideration value of the flat, and I had paid this amount in 2 installments within a short span of 40 days. As per the Plan of Payment supplied during the booking, further payments were required to be made in phases as the construction is progressed, which was purported to have commenced by end December, 2011 and the flat handed over by end December 2012, i.e approximately in two years’ time.
When no call letter was received for further payment even after March 2011, I made innumerable phone calls and e- mails.Finally, they informed me as late as in 7 March 2011, that work on my building had not yet started and excavation work would shortly begin.I have a firm conviction that in reality nothing might have started there as yet and it is a great scam.
They further informed me within a few more days that the consideration value of my flat has since been escalated by Rs 1, 20, 000 To regularize this unauthorized escalation they first attempted to seek concurrence from me by procuring a declaration from me. When I protested and informed them that I will not accept such unilateral decision violating the essence and tenor of original deal at the time of booking, they refused to make any further comment and remained silent to my innumerable e-mail correspondences and telephone calls made subsequently throughout the period of April to end November 2011.
Finally, by a letter dated 27 November 2011 ( after a lapse of one and half year since they had taken the money from me), they again reiterated their old demand of payment of escalated amount. This time they changed their stand and stated that consideration value spelled during the booking time was an inadvertent clerical error. They also threatened me in this letter that if a written declaration is not submitted by me within the next 10 days’ time they will cancel my allotment and refund my money back without any interest.
I sent legal notices through my lawyer while in Kolkata that such an act on their part will be unlawful and requested them to inform me any progress on the work and when my next payment will fall due. Despite my best of efforts through telephone calls, e-mails as also personal visit, after I returned in Vasai in middle of February, there is no response from them and the matter remains statuesque as on date.
However, about 10 days back one Jessica from their corporate office in Mahalaxmi told me that she would like to know my address for sending me a cheque for the refund value, since of my flat has been cancelled. I informed her that my address for correspondence has been registered in my application form and I also told her that I did not receive any cancellation letter which I need to accept any refund. MS Jessica then said she will check on this and come back again. But as expected there is no more response from them and the matter remains statuesque as on date.
I am at my wits end as to what further action I can take. Builder is obviously trying to thinking of hoodwinking me by weighing the the advantage in the delays in the court decision in such cases and the lenient punishment. Can you consult and suggest?
I think all the victimized persons( there are host of them as you can find from the letters posted in internet) should join their hands together and unitedly battle against the unscrupulous act of the builder. We should also complain to Maharashtra Housing Regulatory Board who have jurisdiction to act against such unlawful act. We can also make an FIR with the Police for cheating case. We must act, and act fast lest it goes against any time bar.But how to get united?
I
Lured by their attractive full page repeat ad in Times, I had booked on 1 August, 2010, a 2 BHK Ultima type flat at their Casario site, Palava, Kalyan- Sil Road., at an approximate value of about 40 Lake I had made on the spot payment of Rs 29, 000 during booking time. Further, on acceptance of my application, the builder demanded a further sum of over Rs 5, 11, 000 as 20% of the consideration value of the flat, and I had paid this amount in 2 installments within a short span of 40 days. As per the Plan of Payment supplied during the booking, further payments were required to be made in phases as the construction is progressed, which was purported to have commenced by end December, 2011 and the flat handed over by end December 2012, i.e approximately in two years’ time.
When no call letter was received for further payment even after March 2011, I made innumerable phone calls and e- mails.Finally, they informed me as late as in 7 March 2011, that work on my building had not yet started and excavation work would shortly begin.I have a firm conviction that in reality nothing might have started there as yet and it is a great scam.
They further informed me within a few more days that the consideration value of my flat has since been escalated by Rs 1, 20, 000 To regularize this unauthorized escalation they first attempted to seek concurrence from me by procuring a declaration from me. When I protested and informed them that I will not accept such unilateral decision violating the essence and tenor of original deal at the time of booking, they refused to make any further comment and remained silent to my innumerable e-mail correspondences and telephone calls made subsequently throughout the period of April to end November 2011.
Finally, by a letter dated 27 November 2011 ( after a lapse of one and half year since they had taken the money from me), they again reiterated their old demand of payment of escalated amount. This time they changed their stand and stated that consideration value spelled during the booking time was an inadvertent clerical error. They also threatened me in this letter that if a written declaration is not submitted by me within the next 10 days’ time they will cancel my allotment and refund my money back without any interest.
I sent legal notices through my lawyer while in Kolkata that such an act on their part will be unlawful and requested them to inform me any progress on the work and when my next payment will fall due. Despite my best of efforts through telephone calls, e-mails as also personal visit, after I returned in Vasai in middle of February, there is no response from them and the matter remains statuesque as on date.
However, about 10 days back one Jessica from their corporate office in Mahalaxmi told me that she would like to know my address for sending me a cheque for the refund value, since of my flat has been cancelled. I informed her that my address for correspondence has been registered in my application form and I also told her that I did not receive any cancellation letter which I need to accept any refund. MS Jessica then said she will check on this and come back again. But as expected there is no more response from them and the matter remains statuesque as on date.
I am at my wits end as to what further action I can take. Builder is obviously trying to thinking of hoodwinking me by weighing the the advantage in the delays in the court decision in such cases and the lenient punishment. Can you consult and suggest?
I think all the victimized persons( there are host of them as you can find from the letters posted in internet) should join their hands together and unitedly battle against the unscrupulous act of the builder. We should also complain to Maharashtra Housing Regulatory Board who have jurisdiction to act against such unlawful act. We can also make an FIR with the Police for cheating case. We must act, and act fast lest it goes against any time bar.But how to get united?
I
I am also a victim of the Lodha Builders' apathetic attitude towards client service and their atrocious behavior and fraudulent dealings.
I booked a flat in their Casario Project at Pavel. I had booked the flat on 1 August, 2010 by paying the required booking fees on the spot. In addition, there after, I was asked to pay in two installments 28% of the consideration value of the flat within the next 40 days . Thus within one and half month of booking, the builders had already slyly collected around Rupees five lakh fifty thousand from me by cheque payment, claiming this money as mandatory pre requirement for sell of flats. At the time of booking, the dealing staff gave me all sorts of rosy promises and an assurance that the construction of the building will commence from December 2010 and possession of the flat will be given by December 2012. I was told that balance money was required to be paid as per the progress of the construction work and as the plinth and floors are raised.. I was also handed over a printed plan of payment schedule to this effect.
When even in the month of May, 2011, I did not receive further call for payments, for the first time I got apprehensive about their intention and began to inquire from their corporate office through e-mails and telephone calls about the progress of work. Finally in middle of May 2011 they mailed me that excavation of site for my building Pacifica B was yet to began.Within next few days, they informed me that I will be required to pay a further sum for registration and other charges immediately. When I told them that since construction of the building had not started as per plans the question of registration did not arise. For some time they remained quite silent and was not receiving any calls and returned my mails by sending me an automated mail message saying that my mail has not been received by them. Really a funny way of avoiding !
Then they tried to get a concurrence from me about their demand of escalating the consideration value of the flat by more than one lakh eleven thousand by posting me a draft letter and asking me to sign and send back to them.When I tried to reason out with them that I, being a purchaser, have no reason to write to them asking to escalate the price of the flat, they again remained non committal and remained silent I further told them that in case they decide to increase the price of the flat for any reason then the normal course of action should be that they should write to me giving the reason for the escalation. They were not prepared to write and remained silent and refused to talk in this matter further. I carried on persistently with them and pressed them to answer. Finally, pursuant to my constant chasing, in December 2011, when I was away from my base station, .they sent a threatening letter to me that if I do not send them the declaration accepting the escalation within 10 days, they are going to cancel my allotment and refund my money without any interest.This time I sent them a legal notice. However they stuck to their words and informed me by telephone that my allotment has been cancelled and my refund is being processed.
Thus there is no limit to their high handedness and hegemonic behavior and unlawful act. They plan this activities with a knowledge that firstly no body will like to go through the process of law against the mighty Lodhas, firstly because of the fact that legal process is not only expensive and very time consuming but it also will further block their money for indefinite time and secondly because of the fact that the punishment is also lenient. As such unscrupulous builders like Lodhas always will take the advantage and cheat us.
What we should do is that affected persons should unite and jointly fight.We should lodge police complaints for cheating, approach the regulatory agencies in the Govt. who has the discretion to give licence for such business and finally file a suit with Consumer Court where the matter will be settled in comparatively less time. Finally we should also write to news papers giving these cases of frauds so that public in general are cautioned and shun any business deal with this builder
Dr. Dipak Biswas
.
I booked a flat in their Casario Project at Pavel. I had booked the flat on 1 August, 2010 by paying the required booking fees on the spot. In addition, there after, I was asked to pay in two installments 28% of the consideration value of the flat within the next 40 days . Thus within one and half month of booking, the builders had already slyly collected around Rupees five lakh fifty thousand from me by cheque payment, claiming this money as mandatory pre requirement for sell of flats. At the time of booking, the dealing staff gave me all sorts of rosy promises and an assurance that the construction of the building will commence from December 2010 and possession of the flat will be given by December 2012. I was told that balance money was required to be paid as per the progress of the construction work and as the plinth and floors are raised.. I was also handed over a printed plan of payment schedule to this effect.
When even in the month of May, 2011, I did not receive further call for payments, for the first time I got apprehensive about their intention and began to inquire from their corporate office through e-mails and telephone calls about the progress of work. Finally in middle of May 2011 they mailed me that excavation of site for my building Pacifica B was yet to began.Within next few days, they informed me that I will be required to pay a further sum for registration and other charges immediately. When I told them that since construction of the building had not started as per plans the question of registration did not arise. For some time they remained quite silent and was not receiving any calls and returned my mails by sending me an automated mail message saying that my mail has not been received by them. Really a funny way of avoiding !
Then they tried to get a concurrence from me about their demand of escalating the consideration value of the flat by more than one lakh eleven thousand by posting me a draft letter and asking me to sign and send back to them.When I tried to reason out with them that I, being a purchaser, have no reason to write to them asking to escalate the price of the flat, they again remained non committal and remained silent I further told them that in case they decide to increase the price of the flat for any reason then the normal course of action should be that they should write to me giving the reason for the escalation. They were not prepared to write and remained silent and refused to talk in this matter further. I carried on persistently with them and pressed them to answer. Finally, pursuant to my constant chasing, in December 2011, when I was away from my base station, .they sent a threatening letter to me that if I do not send them the declaration accepting the escalation within 10 days, they are going to cancel my allotment and refund my money without any interest.This time I sent them a legal notice. However they stuck to their words and informed me by telephone that my allotment has been cancelled and my refund is being processed.
Thus there is no limit to their high handedness and hegemonic behavior and unlawful act. They plan this activities with a knowledge that firstly no body will like to go through the process of law against the mighty Lodhas, firstly because of the fact that legal process is not only expensive and very time consuming but it also will further block their money for indefinite time and secondly because of the fact that the punishment is also lenient. As such unscrupulous builders like Lodhas always will take the advantage and cheat us.
What we should do is that affected persons should unite and jointly fight.We should lodge police complaints for cheating, approach the regulatory agencies in the Govt. who has the discretion to give licence for such business and finally file a suit with Consumer Court where the matter will be settled in comparatively less time. Finally we should also write to news papers giving these cases of frauds so that public in general are cautioned and shun any business deal with this builder
Dr. Dipak Biswas
.
Lodha No.1 Cheaters and NOT developers... They are looting common people and make use of the Builder-Politician nexus...
No one for GOD sake go to Lodha for booking a property...u will cry afterwards for the lifetime...Quality of work is pathetic ...and they will not let you see what they are putting ...only sand...Absolutely NON SENSE... they will charge interests for no reason and will delay the project for years and NOT months...
No one for GOD sake go to Lodha for booking a property...u will cry afterwards for the lifetime...Quality of work is pathetic ...and they will not let you see what they are putting ...only sand...Absolutely NON SENSE... they will charge interests for no reason and will delay the project for years and NOT months...
I agree with you ... i wish i knew about them beforehand
For those who would read it later on, for their benefit, please please please stay away from Lodha.
Their project's big declaration are highly decorated fancyful unrealistic.
i was lured for a project lakeshore greens in dec 2014. the rest of the process was extremely stressful & chaotic. I never imagined home buying experiance would be so horrible.
1. never trust their sales person, always ask for a site visit & location on google map
2. always ask for a draft of registered agreenement, its common for all customer they should not have any problem giving it
3. they also lure in the name of lucrative loans from SBI, HDF, PNB.. Never trust them, always check with banks before hand .. Especially for pre-emi offers
4. they harrass and would try to force you for delayed payment interest even though its not your fault, & the relationship manager are nothing but wasooli agents
For those who would read it later on, for their benefit, please please please stay away from Lodha.
Their project's big declaration are highly decorated fancyful unrealistic.
i was lured for a project lakeshore greens in dec 2014. the rest of the process was extremely stressful & chaotic. I never imagined home buying experiance would be so horrible.
1. never trust their sales person, always ask for a site visit & location on google map
2. always ask for a draft of registered agreenement, its common for all customer they should not have any problem giving it
3. they also lure in the name of lucrative loans from SBI, HDF, PNB.. Never trust them, always check with banks before hand .. Especially for pre-emi offers
4. they harrass and would try to force you for delayed payment interest even though its not your fault, & the relationship manager are nothing but wasooli agents
LODHA Builders- THIEFS OF TOP ORDER...strongly feel should be made to pay for their misdeeds
Rakesh Chanana
Casa Bella Gold
Rakesh Chanana
Casa Bella Gold
Don't book the flats at any of the Lodha (CHEATER) project ... In my case the possession already delayed by 1.5 year and there is not a single pie of interest they have given to me as the representative of Lodha has mentioned that if the project will get delayed ... you will get the interest.
This thief takes 18% per annum on daily basis and not give a single pie of interest when his fault is there.
Lodha is just fooling the people by doing the publicity and once you are in that trap even the representative will respond you in a very arrogant way.
Please like this link as much as you can ... so that Lodha cheater properties should realize that not to play with people hard earned money.
This thief takes 18% per annum on daily basis and not give a single pie of interest when his fault is there.
Lodha is just fooling the people by doing the publicity and once you are in that trap even the representative will respond you in a very arrogant way.
Please like this link as much as you can ... so that Lodha cheater properties should realize that not to play with people hard earned money.
Was about to book 1bhk in palava but got suspicious by sales representative too sweet to digest behaviour. Glad that i didn't book there. I have booked in other builders project and have already got possession.
Darshana Jinger