[Resolved] Pal Group, Gurgaon — Non execution of housing project at Sector 89 Faridabad | |||
PAL Infrastructure and Developers Pvt. Ltd. is a venture of Pal Group. It's Corporate Office is at 3rd Floor, Pal Tower, Sikander Pur, Gurgaon- 122002, Haryana (India) Phone no. is[protected] Fax:[protected] Email: [protected]@palgroup.in; [protected]@palgroup.in This company aggressively advertised through its agents/newspapers dailies in 2005 and 2006 that they obtained a LOI for housing project at Sector 78, 89 in Faridabad. They collected crores of ruppes from the investors and even did not start work as on date. Their hard earned money is struck up with the Directors of fhe firm. Through your esteemed column I request you to launch an effective compaign against these scroundals to save the poor investors. Regards Was this information helpful? | |||
Aug 13, 2020 Complaint marked as Resolved | |||
 3 Comments | |||
Comments
pal group infrastructure is a fraud company who pretend to big or builder they are blunders. their intention is not clear they are ghosla khosla type beware of these people. IF their intention is clear they will call all the customer they are running from us now scared of sitting in their office even. neither they have any builder experience they have never constructed any small house even.
Reply
BEFORE THE DISTRICT CONSUMER REDRESSAL FORUM
HARYANA
COMPLAINT NO. 2010
In the matter of :
1. Mr. Navneet Batra and
New Delhi …Complainants
And
1. PAL Infrastructure and Developers Private Limited
Through Mr. Harpal Singh – Founder and Chairman
148-152, 1st Floor, Edmonton Shopping Centre,
Hotel Bristol,
Gurgaon – 122 002
2. Manav Chandra
148-152, 1st Floor, Edmonton Shopping Centre,
Hotel Bristol,
Gurgaon – 122 002
3. Mr. Rajesh Kumar – Director
148-152, 1st Floor, Edmonton Shopping Centre,
Hotel Bristol,
Gurgaon – 122 002 …Respondents
COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT, 1986 FOR REFUND OF MONEY DEPOSITED BY THE COMPLAINANT
Most Respectfully Showeth :
1. The complainant is a law abiding citizen of India. The Complainant was desirous of purchasing a residential house for himself and his family.
2. The Respondent No. 1 is the company which is into infrastructure projects. The Respondent No. 1 is the founder and Chairman of the Company and Respondent No. 2 and 3 are the Directors of the company who have been giving false representations about the various projects and are cheating the customers by making them invest in the project and thereafter by not even starting the project.
3. The Respondents issued an advertisement that certain flats/apartments are available for Sale in Residential Group Housing Project, Sector 89, Faridabad and the intended customers should send their request for the purchase of the flats/plots to Pal Infrastructure and Developers Private Limited. The Complainant based on the said advertisement applied for the purchase of the flat measuring 13750 square feet with the Respondents.
4. The Respondents and its representatives at the time of registration had assured the complainants they have purchased the land, construction plan had already been sanctioned by the appropriate authority, license had already been issued for the construction, advertising, booking and selling of the flat by the appropriate government authority and there would be no delay in allotment of the flats. Believing all these assurances the complainants also applied for the registration and allotment of the flat in the upcoming project of the Respondents.
5. The Respondents asked the complainants to deposit Rs. 3, 50, 000/- (Rupees Three lacs Fifty Thousand Only) as an expression of interest for the allotment of flat in Residential Group Housing Project, Sector 89, Faridabad. Interested purchasers were considered as Registered on payment of Rs. 3, 50, 000/- (Rupees Three Lacs Fifty Thousand Only).
6. The complainant made a payment of Rs. 1, 60, 000/- (Rupees One Lac Sixty Thousand Only) vide a Banker’s cheque bearing No. 101696 dated 23.1.2007 drawn on South Extension II Branch and a cheque bearing No. 392312 dated 24.1.2007 drawn on Hauz Khas Branch and Rs. 1, 10, 000 (Rupees One Lac Ten Thousand Only) in cash. On 23.1.2007, the complainants along with the Registration Form were given one page of terms and conditions for the provisional allotment of the residential unit.
7. The complainants were registered with the Respondent group on 23.1.2007 on the payment of Rs. 3, 50, 000/-. However, the receipt bearing number AB 1506 for the payment of Rs. 3, 50, 000/- was issued only on 21.2.2007 to the complainant.
8. As per the terms and conditions of the Registration Form, Provisional allotment for the residential unit was to be made by the Respondents within 12 months of the registration. However, no such allotment offer was made to the complainant. In fact, on visiting the site it was discovered that the construction had not even commenced and it was empty plot of land with 10 pillars.
9. On making enquiries from the Respondents, the complainant were asked by the Respondents and its officials to wait for sometime as the project had been delayed. However, no provisional allotment was offered to the complainant even thereafter as assured by the Respondents. Each time on making enquiries the complainants were informed that all the formalities are likely to be completed shortly and soon the flats would be allotted to them.
10. On enquiring about the status of the construction/allotment, the complainants were informed that the allotment process is likely to be completed shortly and they should call next month, which was far from the truth as construction has not progressed at all. Only 10 pillars which existed initially are there with no progress whatsoever. Finally, the complainants personally visited the Respondents’ office in Gurgaon and enquired as to the status of the construction and allotment of the flats. On enquiring, they were informed that the allotment process would start soon. The complainant waited for the period of 12 months for the offer of provisional allotment but of no avail. Even till date the construction has not commenced and no provisional allotment has been offered by the Respondents.
11. After 29 months, on 6.6.2009, the complainants were sent a letter by the Respondent group that the complainants should visit the Respondent’s office for taking the provisional allotment of the flat against the Registration Form by depositing 40 % of the net basic sale price. As the complainants were not called for the allotment of the flat within 12 months as per the time schedule prescribed in the Registration Form, the complainants due to the delay in commencement of the project and seeing the gross negligence of the Respondent in performing their part of the contract, total non communication from their end and non committal answers for 1½ years, the complainants wrote a letter dated 27.6.2009 demanding the refund of his amount of Rs. 3, 50, 000 (Rupees Three Lacs Fifty Thousand Only). However, the Respondents’ did not respond to the said letter. In the letter, it was clearly pointed out that due to non timely allotment they were not interested in proceeding further with the project and therefore money should be refunded to the Respondents. Further, even as per one page of terms and conditions dated 23.1.2007, there is a provision for refund of the money which reads as under :
d) In case the company is not in a position to make an offer of Provisional allotment of the unit within a period of 15 months from the date of my/our application/registration. On my/our request the company shall refund the amount deposited by me/us paid along with simple interest calculated @8% per annum from the date of payment.
12. On 7.12.2009, the lawyer of the complainant sent a legal notice demanding refunded of the entire amount of Rs. 3, 50, 000 along with interest at the rate of 24 % per annum which was duly received by the Respondents on 8.12.2009. On the receipt of the legal notice, the Legal Head, Col. Ahlawat of the Respondents had called the complainants for a meeting. In the said meeting, it was once again assured that the money would be refunded in installments. The Complainants had agreed to the said proposal of the Respondents even but the Respondents have not even acted on their promise again. The conduct of the Respondents are to deprive, cheat and defraud the consumers of their money.
13. The complainant made the payment for the Registration as demanded by the Respondent group, however the Respondent group did not comply with the terms and conditions of the Registration Form for provisional allotment of a residential unit. The Respondents are still enjoying the money of the complainants without paying any interest which is completely at their behest. The Respondent has sent no communication to the demand for the refund of the money and the silence is indicative of the refusal to refund the payment received from the complainant which is in violation of the terms and conditions dated 23.1.2007. The Respondents have failed to perform their part of the contract and undertake to the time frame. The project has not even commenced and the Respondents did not offer the provisional allotment within the allocated time schedule. Also as per their own terms and conditions the Respondents are entitled to refund of money if no provisional allotment is made within 15 months of the date of registration. Further, the complainants cannot be compelled to go ahead with the project when the complainants have lost complete faith and trust in the Respondents group. The Respondents group made false promises and assurances at the time of booking of the flat without having obtained the requisite licenses and approvals from the concerned authority, i.e. Haryana Development and Regulations o[censored]rban Area Act, 1975.
14. There is 'deficiency in service' on the part of the Respondents in as much as there has been no commencment of the project and no provisional allotment has been made within 12 months as promised by the Respondents. It is stated that due to the inaction on the part of the Respondents, the obligations under the contract were not discharged. The Respondents failed to perform the services due to the Complainant for which he had deposited amount. The failure to honour the commitments amounted to unfair trade practice under Section 2(1)(r) of the Consumer Protection Act, 1986 and services are faulty, imperfect in the nature and manner of performance which was required to be performed by the Respondent in pursuance of a contract. The Complainant is facing mental agony and trauma for the negligence and misrepresentations of the Respondents.
15. The cause of action for filing the present complaint arose on 27.6.2009 when the complainant demanded refund of the money as the Respondents were deficient in performing the services. The cause of action further arose when the Respondents failed to refund the money despite the receipt of the legal notice dated 7.12.2009 and repeated assurances by the Respondents’ legal head that the money would be refunded in installment and the failure to act on the said representation. Further, the cause of action is continuing as the Respondents despite their negligence and fault are providing no solution to the problems of the Complainant and making the complainant suffer.
16. The present complaint is filed within the period of limitation.
PRAYER
In the present facts and circumstances of the case, it is most respectfully prayed that the Respondent Company, be directed to :
a) Refund of the entire amount of Rs. 3, 50, 000 along with interest at the rate of 24 % per annum from the date of the receipt of the money till its refund
b) payment of damages of Rs. 50, 000/- for mental agony, inconvenience and harassment, etc.
c) Cost of litigation.
d) Any other orders as this Hon’ble Commission may deem fit and proper
Complainant
Through
HARYANA
COMPLAINT NO. 2010
In the matter of :
1. Mr. Navneet Batra and
New Delhi …Complainants
And
1. PAL Infrastructure and Developers Private Limited
Through Mr. Harpal Singh – Founder and Chairman
148-152, 1st Floor, Edmonton Shopping Centre,
Hotel Bristol,
Gurgaon – 122 002
2. Manav Chandra
148-152, 1st Floor, Edmonton Shopping Centre,
Hotel Bristol,
Gurgaon – 122 002
3. Mr. Rajesh Kumar – Director
148-152, 1st Floor, Edmonton Shopping Centre,
Hotel Bristol,
Gurgaon – 122 002 …Respondents
COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT, 1986 FOR REFUND OF MONEY DEPOSITED BY THE COMPLAINANT
Most Respectfully Showeth :
1. The complainant is a law abiding citizen of India. The Complainant was desirous of purchasing a residential house for himself and his family.
2. The Respondent No. 1 is the company which is into infrastructure projects. The Respondent No. 1 is the founder and Chairman of the Company and Respondent No. 2 and 3 are the Directors of the company who have been giving false representations about the various projects and are cheating the customers by making them invest in the project and thereafter by not even starting the project.
3. The Respondents issued an advertisement that certain flats/apartments are available for Sale in Residential Group Housing Project, Sector 89, Faridabad and the intended customers should send their request for the purchase of the flats/plots to Pal Infrastructure and Developers Private Limited. The Complainant based on the said advertisement applied for the purchase of the flat measuring 13750 square feet with the Respondents.
4. The Respondents and its representatives at the time of registration had assured the complainants they have purchased the land, construction plan had already been sanctioned by the appropriate authority, license had already been issued for the construction, advertising, booking and selling of the flat by the appropriate government authority and there would be no delay in allotment of the flats. Believing all these assurances the complainants also applied for the registration and allotment of the flat in the upcoming project of the Respondents.
5. The Respondents asked the complainants to deposit Rs. 3, 50, 000/- (Rupees Three lacs Fifty Thousand Only) as an expression of interest for the allotment of flat in Residential Group Housing Project, Sector 89, Faridabad. Interested purchasers were considered as Registered on payment of Rs. 3, 50, 000/- (Rupees Three Lacs Fifty Thousand Only).
6. The complainant made a payment of Rs. 1, 60, 000/- (Rupees One Lac Sixty Thousand Only) vide a Banker’s cheque bearing No. 101696 dated 23.1.2007 drawn on South Extension II Branch and a cheque bearing No. 392312 dated 24.1.2007 drawn on Hauz Khas Branch and Rs. 1, 10, 000 (Rupees One Lac Ten Thousand Only) in cash. On 23.1.2007, the complainants along with the Registration Form were given one page of terms and conditions for the provisional allotment of the residential unit.
7. The complainants were registered with the Respondent group on 23.1.2007 on the payment of Rs. 3, 50, 000/-. However, the receipt bearing number AB 1506 for the payment of Rs. 3, 50, 000/- was issued only on 21.2.2007 to the complainant.
8. As per the terms and conditions of the Registration Form, Provisional allotment for the residential unit was to be made by the Respondents within 12 months of the registration. However, no such allotment offer was made to the complainant. In fact, on visiting the site it was discovered that the construction had not even commenced and it was empty plot of land with 10 pillars.
9. On making enquiries from the Respondents, the complainant were asked by the Respondents and its officials to wait for sometime as the project had been delayed. However, no provisional allotment was offered to the complainant even thereafter as assured by the Respondents. Each time on making enquiries the complainants were informed that all the formalities are likely to be completed shortly and soon the flats would be allotted to them.
10. On enquiring about the status of the construction/allotment, the complainants were informed that the allotment process is likely to be completed shortly and they should call next month, which was far from the truth as construction has not progressed at all. Only 10 pillars which existed initially are there with no progress whatsoever. Finally, the complainants personally visited the Respondents’ office in Gurgaon and enquired as to the status of the construction and allotment of the flats. On enquiring, they were informed that the allotment process would start soon. The complainant waited for the period of 12 months for the offer of provisional allotment but of no avail. Even till date the construction has not commenced and no provisional allotment has been offered by the Respondents.
11. After 29 months, on 6.6.2009, the complainants were sent a letter by the Respondent group that the complainants should visit the Respondent’s office for taking the provisional allotment of the flat against the Registration Form by depositing 40 % of the net basic sale price. As the complainants were not called for the allotment of the flat within 12 months as per the time schedule prescribed in the Registration Form, the complainants due to the delay in commencement of the project and seeing the gross negligence of the Respondent in performing their part of the contract, total non communication from their end and non committal answers for 1½ years, the complainants wrote a letter dated 27.6.2009 demanding the refund of his amount of Rs. 3, 50, 000 (Rupees Three Lacs Fifty Thousand Only). However, the Respondents’ did not respond to the said letter. In the letter, it was clearly pointed out that due to non timely allotment they were not interested in proceeding further with the project and therefore money should be refunded to the Respondents. Further, even as per one page of terms and conditions dated 23.1.2007, there is a provision for refund of the money which reads as under :
d) In case the company is not in a position to make an offer of Provisional allotment of the unit within a period of 15 months from the date of my/our application/registration. On my/our request the company shall refund the amount deposited by me/us paid along with simple interest calculated @8% per annum from the date of payment.
12. On 7.12.2009, the lawyer of the complainant sent a legal notice demanding refunded of the entire amount of Rs. 3, 50, 000 along with interest at the rate of 24 % per annum which was duly received by the Respondents on 8.12.2009. On the receipt of the legal notice, the Legal Head, Col. Ahlawat of the Respondents had called the complainants for a meeting. In the said meeting, it was once again assured that the money would be refunded in installments. The Complainants had agreed to the said proposal of the Respondents even but the Respondents have not even acted on their promise again. The conduct of the Respondents are to deprive, cheat and defraud the consumers of their money.
13. The complainant made the payment for the Registration as demanded by the Respondent group, however the Respondent group did not comply with the terms and conditions of the Registration Form for provisional allotment of a residential unit. The Respondents are still enjoying the money of the complainants without paying any interest which is completely at their behest. The Respondent has sent no communication to the demand for the refund of the money and the silence is indicative of the refusal to refund the payment received from the complainant which is in violation of the terms and conditions dated 23.1.2007. The Respondents have failed to perform their part of the contract and undertake to the time frame. The project has not even commenced and the Respondents did not offer the provisional allotment within the allocated time schedule. Also as per their own terms and conditions the Respondents are entitled to refund of money if no provisional allotment is made within 15 months of the date of registration. Further, the complainants cannot be compelled to go ahead with the project when the complainants have lost complete faith and trust in the Respondents group. The Respondents group made false promises and assurances at the time of booking of the flat without having obtained the requisite licenses and approvals from the concerned authority, i.e. Haryana Development and Regulations o[censored]rban Area Act, 1975.
14. There is 'deficiency in service' on the part of the Respondents in as much as there has been no commencment of the project and no provisional allotment has been made within 12 months as promised by the Respondents. It is stated that due to the inaction on the part of the Respondents, the obligations under the contract were not discharged. The Respondents failed to perform the services due to the Complainant for which he had deposited amount. The failure to honour the commitments amounted to unfair trade practice under Section 2(1)(r) of the Consumer Protection Act, 1986 and services are faulty, imperfect in the nature and manner of performance which was required to be performed by the Respondent in pursuance of a contract. The Complainant is facing mental agony and trauma for the negligence and misrepresentations of the Respondents.
15. The cause of action for filing the present complaint arose on 27.6.2009 when the complainant demanded refund of the money as the Respondents were deficient in performing the services. The cause of action further arose when the Respondents failed to refund the money despite the receipt of the legal notice dated 7.12.2009 and repeated assurances by the Respondents’ legal head that the money would be refunded in installment and the failure to act on the said representation. Further, the cause of action is continuing as the Respondents despite their negligence and fault are providing no solution to the problems of the Complainant and making the complainant suffer.
16. The present complaint is filed within the period of limitation.
PRAYER
In the present facts and circumstances of the case, it is most respectfully prayed that the Respondent Company, be directed to :
a) Refund of the entire amount of Rs. 3, 50, 000 along with interest at the rate of 24 % per annum from the date of the receipt of the money till its refund
b) payment of damages of Rs. 50, 000/- for mental agony, inconvenience and harassment, etc.
c) Cost of litigation.
d) Any other orders as this Hon’ble Commission may deem fit and proper
Complainant
Through
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