Ghaziabad Development Authority [GDA] — Deficiency in Service by STAR AMD REALCON ( Builder)

Address:

Ghaziabad, Uttar Pradesh, 200100

Complaint against :
1. S/Sh. Goldy Gupta & Nitin Gupta,
Partners of M/s Star AMD Realcon Pvt. Ltd.,

2. M/s Star AMD Realcon Pvt. Ltd.,

3. Fresh Facility Management Services Pvt Ltd

All having Regd. Office At:

1010, Faiz Road,
Karol Bagh, New Delhi-110005

& Corporate Office At:
Star AMD Realcon, Shopprix Mall,
First Floor, H-1, Kaushambi,
Ghaziabad-201010, U.P.

Dear Sir’s,

I, Sh. Rajneesh Mishra and Smt. Nalini Mishra, R/o S-857, Mangolpuri, Delhi-110083 and also joint owner of Apartment number C 201, 2nd Floor at Star Rameshwaram, Raj Nagar Extension, Ghaziabad ( UP ), I hereby serve upon you with the following complain:

1. That we are law abiding and respectable citizen of the society and after going through widely published colorful and alluring brochure and advertisements about residential housing project under the name & title as “Star Rameshwaram” situated at Raj Nagar Extension in Ghaziabad, U.P., shown interest to book a Flat in your said project.
2. That being induced by his alluring advertisement, I visited office of Star AMD Realcon ( Builder) as above said office in the month of July 2011 to inquire about aforesaid project and on the basis of projection and visiting the Project Site, We decided to book a flat in the said Residential Project and subsequently booked a unit bearing No. C-201, measuring 890 Sq. Ft. in our joint name by paying a booking amount of Rs. 21, 000/- through cheque dated[protected]. Here, it is pertinent to mention that at the time of booking the said unit my client also handed over a cheque amounting to Rs.2, 49, 750/- dated[protected] towards the first installment which will be realized for encashment .
3. At the time of booking the said unit, it was assured by Mr. Kamal Kishore (Marketing Manager of Star Amd Realcon) that they will give all amenities and possession before June 2013.
4. That as per the terms and conditions, the total consideration amount of the said unit booked by my clients was finally fixed at 22, 41, 481 /- ( Included covered car parking amounting Rs.2, 06, 180/- + Preferential Location charges Rs 1, 11, 250 /-, + Power Backup 1Kvh amounting 20, 000/- + Club Membership Charges Rs 50, 000 /- + Additional Development charges Rs 1, 06, 800 /- + EEC charges Rs 31, 150 /- + Fire fighting Charges Rs 31, 150 /- and service tax Rs 96, 482 /-) . The total consideration amount of the said unit booked by my clients was fixed at Rs 22, 41, 481/- which were paid timely by us in advance before take possession .

5. Booking conducted in the month of July 2011 and date of possession was fixed and committed by Builder to be handed over by June’ 2013 and after the delay of 3 Year by February 2016 they given possession without give all amenities and completion certificate is still not issued by GDA. Before give the possession they had taken complete flat cost with amenities cost and much other unjustified cost from us. The other preference and amenities which were offered by them at the time of booking and, all are missing in practically and for that they have taken fully amount in advance by us before possession (12 Feb 2016) like as for For Power back up of 1 Kvh Rs 20, 000/- + For Electricity Meter security deposit Charges Rs 24, 000 /- ( 1 Kvh 6000 * 4 Kvh ) and also offered to give many amenities like as Swimming Pool, Gym, Golf court etc and for this had taken payment in the name of common area, all are still in the dark.

6. Here, it is pointed out that in the said details of dues some of the other charges like Enhanced ADC @Rs.30/- per Sq. Ft. Amounting Rs.26, 700/- + VAT Rs.21450/- (that’s not applicable in UP Apartment Act) respectively have been unnecessarily added and demanded by builder from us and forcefully taken from us through cheque before the registered sale deed and without give possession.

7. They also demand illogically amount in advance of Rs. 27, 088/- (towards interest free maintenance charges Rs 17, 088 /- of one year and Rs 10, 000 /- for electric recharge coupon before possession) and threaten to us, so it was paid by us before taken the possession of the said flat.

8. We have paid all above mentioned hefty amounts Rs 23, 60, 719 /- for the cost of Flat & Amenities etc till Feb 2016 to Star Amd Realcon/ Fresh Facility Management Services Pvt Ltd in advance and due to threaten by them, They forcefully taken our sign on their manipulated documents like as blank dated layout revised consent letter and Illegal Maintenance Agreement etc.

9. They also charged Rs 35000 /- in cash before register sale deed and possession that was not justified.

10. Finally on dated 12.02.2016 sale deed was done through your representative Mr Abhinav Dagg, when we asked the detail of his duly authorization and demand chain of complete property and land related documents and visited their kaushambi office yet which was not done despite the several reminders by my us to the Builder named Star Amd Realcon.

11. Thereafter registered sale deed on Feb 2016, we reached at our flat and found that the finishing of this flat was very dirty and there was no amenities these were committed by the Star Amd Realcon as builder/ developer and now we have no money to repaired it so we did locked the main door of this apartment and come back at our previous permanent residence in Delhi. On dated 03.07.2016 about 05.30 Pm, I received a call through Anjani Pandey asst Manager of Fresh Facility Management Services P Ltd (Maintenance Agency of Builder) he told that water are leaking in the 1st floor flat. I gone from Delhi and reached there about 07.00 Pm . When I opened the door of my flat, found that there is no light in my flat, I called to start the light to Mr Daggar, Maintenance Manager of Fresh Facility Management Services P Ltd and then looked that RO that was provided and fitted by builder that’s water was leaking very speedily and the whole flat are in the custody of water, kitchen wooden/ tiles and entire drying room were being damaged . It was our own Apartment that was full of water due to a very poor RO it is deficiency in service.

12. I asked the reason of disconnection of light then he given the bill of Rs 8294 /- and Rs 1075 /- Total was Rs 9369 /- and he told that my advance paid recharge payment Rs 10, 000 /- has been adjusted in the maintenance through a Single prepaid Electricity Meter and If I will advance recharge by give more money thereafter Light will be re-connected. I was very flurried so he requested to reimburse my advance deposit Rs 20000 /- (Security amount of 1Kvh DG Connection ) & Rs 24000 /- (security deposit of 4 Kvh PVVNL connection ) that’s I paid to you in advance in before possession . He refused to give the refund of DG deposit amount Rs 20000 /- and Rs 24000 /- security deposit of 4 Kvh PVVNL connection and also ignored the request of separation of maintenance & Electricity through one prepaid Electricity meter. I said that you cannot take maintenance without give full amenities and completion certificate.

13. Thereafter many time I did request to Mr Goldy Gupta and narrated their complete soreness and requested to take a justified action in this regard and sent several E-mails, Text to enquire about the said refund and amenities, but no satisfactory reply was received from their end regarding those quarries.

14. That I further asked through the E-mails about the status of the preferences and amenities like Fire Fighting system, covered car parking, swimming pool and club facility, Refund that was deposited etc but neither they notices nor their employees given any satisfactory replies to those quarries and instead pressing to us to pay the maintenance dues immediately.


15. Once again when I visited the said site of Project, they were shocked to see that none of the facilities like the park, covered car parking, swimming pool and the Club etc are nowhere to be seen for which I have already paid the hefty amounts and the same were supposed to be ready for use/occupation along with the possession of the said flat/unit.

16. That I was further shocked to see that more than 150 families are living there and still Fire Fighting services is not working in entire project and height of the towers were raised to 16th floor, which was originally meant for 14th floor as was mentioned in Layout plan of 2010, without the knowledge, consent and meeting of the consumers and further noticed that builder have started constructing another set of Towers in the same vicinity and the consumers of the said new project have also been offered the same facilities and amenities which were originally meant for exclusively the existing consumers and thereby playing fraud and mischief with us and other consumers also.

17. That on account of their aforesaid dereliction of duty and failure and neglect to reply the communications, breach the terms of flat buyer agreement and further demanding the exorbitant amounts again for park SUV Car in covered parking that’s amount Rs 2, 06, 180 /-already paid to them in the year of 2013 for covered car parking before handing over the possession of the said flat/unit of I indeed regrettable and highly unprofessional like.

18. Thus, in view of the above facts and circumstances, it is apparent that they are guilty of committing various criminal offences of cheating, criminal breach of trust, mischief and misappropriation of property which has caused a wrongful loss, mental harassment and agony to us. However, they have not sent any reply of the above said E-mails, this apparently shows that since from the beginning, they have malafide intention to illegally collect the hard earned money of innocent person like us and further, charging the excess amount in spite of the repeated personal requests to withdraw the same. It is not a case of cheating only, their criminal intention is being prove also .

Layout of this project is also having a big question. They should given all the facilities and amenities as mentioned above till before sale deed & possession

Due to facing mental, economical harassment and agony, we want initiate action against them as criminal proceedings as are warranted by law, I am filing this complaint under the statutory provisions of Indian Panel Code 1860, The Consumer Protection Act 1986, The Company Act 2002 and Domestic Building Contract Act 1995, The Real State Act 2016 for redressed of my aforesaid grievances.

A copy of this complains also forwarded to DM Ghaziabad by speed post & by mail at [protected]@up.nic.in & DGP FIRE SERVICE HQ & TRG. CENTRE 4TH FLOOR, INDIRA BHAWAN, Lucknow by speed post & by mail at [protected]@nic.in and has been retained in my office for further action.

You are requested to take a strict action against FRESH FACILITY SERVICES MANAGEMENT PVT LTD AND Mr Goldy Gupta & Mr Nitin Gupta both are owner/ partners of both companies.


Complainant
Rajneesh Mishra . Mob : [protected]
C 201, Star Rameshwaram,
Raj Nagar Ext. Ghaziabad (UP)

: For correspondence S 857, Mangol Puri, New Delhi 110083