Jaypee Developers — Refund of rs.11 lakhs + 18% interest paid for studio apartment ii in buddh circuit in, yamuna expressway gautam budh nagar in yea
CCol sunil dubey
I, col sunil kumar dubey and my wife mrs. Poonam dubey saw an advertisement in hindustan times dt[protected] published by jaypee greens, sector 128, noida-201304. This advertisement announced booking of limited units of 1 bhk / 1bhk + study apartments in buddh circuit studios ii in yamuna expressway, gautam budh nagar, u. P. Meanwhile, we were also approached by mr. Hitesh sharma of 360 degree capital ltd, who claimed to be channel partner of jaypee group for this project pursuing them to book a studio apartment in this project.
We were handed over an info – pack on jaypee greens buddh circuit studios ii by channel partners of jaypee greens, which listed entire details of this project such as product brief, location plan, numbering plan, cluster plans & floor plans, specifications, price list, payment plans etc. This document is enclosed at annexure ii to this representation.
After going through all documents and knowing reputation of jaypee group in real state field, we decided to book 1 bhk studio apartment in this project. Subsequent mile stones are listed below :-
1. Booking amount :- booking amount of rs.1, 25000/- (Rs. One lakh & twenty five thousand only) was paid vide union bank of india cheque no. 008091 dt[protected]. Advance payment receipt no. 27342013 / doc. No. : [protected] dt[protected]
2. Issue of provisional allotment letter dt[protected] :- on receipt of booking amount, provisional allotment letter was issued vide jaypee greens letter no. 45037/326988/bs206a0902 dt[protected] and my clients were given customer id jsebs26a0902 and one apartment baring unit reference number bs206a0902 was allotted in tower 6 at jaypee greens sports city – east, gautam budh nagar with super built up area 67.3541 sq mtrs (725 sq ft) for a consideration price of rs.26, 31, 750/- (Rupees twenty six lakh thirty one thousand seven hundred fifty only).
3. 20% payment less booking amount due on or before[protected] as per payment plan in provisional allotment letter :- payment demand notice ref no. Jsebs26a0902 dt[protected] along with invoice ref no. Jsebs26a0902/jil/13-14/[protected] dt[protected] for payable amount of rs.3, 81, 739/- (Rs. Three lakhs eighty one thousand seven hundred thirty nine only) was received. The same was paid vide indian overseas bank cheque no.066015 dt[protected]. Jaypee greens receipt no. [protected] / doc no : [protected] dt[protected] was issued.
4. 10% payment due on or before[protected] as per payment plan placed in provisional allotment letter :- demand notice ref no. Jsebs26a0902 dt[protected] along with invoice ref no. Jsebs26a0902/jil/13-14/[protected] dt[protected] for payable amount of rs.2, 53, 118.52 (Rs. Two lakhs fifty three thousand one hundred eighteen and paisa fifty two only) was received. The same was paid vide union bank of india cheque no.016068 dt 28 aug 2013. Jaypee greens receipt no. [protected] / doc no : [protected] dt[protected] was issued.
5. 10% payment due on or before[protected] as per payment plan placed at annexure v in provisional allotment letter :- demand notice ref no. Jsebs26a0902 dt[protected] along with invoice ref no. Jsebs26a0902/jil/13-14/[protected] dt[protected] for payable amount of rs.2, 53, 452.22 (Rs. Two lakhs fifty three thousand four hundred fifty two and paisa twenty two only) was received. The same was paid vide union bank of india cheque no.016077 dt 25 oct 2013 for rs.1, 53, 452.22 and icici bank cheque no. 100781 dt 25 oct 2013. Jaypee greens receipt no. [protected] / doc no : [protected] dt[protected] and receipt no. [protected] / doc no : [protected] dt[protected] were issued.
6. 10% payment due on laying 2nd floor roof slab as per payment plan placed at annexure v in provisional allotment letter :- this demand was due on laying 2nd floor roof slab. This demand was not raised and no progress of the construction was shared by builder.
7. Follow up action by us : - in the absence of any feedback from jaypee greens, we sent an e mail on 29 jan 2015 asking jaypee greens about progress of construction. As per info pack given at the time of booking and provisional allotment letter, possession was to be given within 30 months plus grace period of six months. Accordingly, studio apartment should be delivered by end 2016. When the e mail was not responded back by jaypee greens, we sent an reminder vide e mail dt 10 feb 2015 asking jaypee greens to respond to their mail.
8. Response of jaypee greens : - after vigorous telephonic perusal, jaypee greens responded back on 10 feb 2015 stating that in bs-ii tower 6, walls and columns up to plinth level is in progress and next demand would be raised tentatively within six months. It was also expressed in their response that their endeavour was is also to meet 30 month period or catch up the time period which was left and in case of slippage, they would be paying rs.5/- per sq ft as delay penalty after completion of stipulated time period & grace period.
9. Further follow up :- after their response dt 10 feb 2015, we kept on waiting for next demand to be raised but it did not happen. More so all e mails to the addresses bounced back and no one could be contacted on phone. Ultimately, on 22 june 2016, some one at mob no. [protected] listed on web site of jayppee greens responded and informed us that this project had been scraped and we should put up an application to withdraw their paid up capital amount from their corporate office in sector 128 noida. Accordingly we visited jaypee greens corporate office on 25 june 2016 and handed over their application dt 24 june 2016 to the concerned staff in their customer relationship office and obtained received stamp on the application. We were assured that the decision and time plan to refund the paid up amount of rs.10, 13, 309.74 only would be intimated shortly.
10. Present status :- till date, no response has been received. We have again sent two reminders on 26 august 2016 and 02 sep 2016. These e mails were returned through automatically generated delivery status notification stating that “ delivery to the following recipients failed – [protected]@jailindia.co.in and [protected]@jailindia.co.in.
11. Our plea :- from payment details given above, it t is quite evident that we paid initial booking amount of rs.1, 25, 000/- on[protected] and provisional allotment letter was issued on[protected]. Subsequently within 150 days from issuance of provisional allotment letter, three instalments of rs.3, 81, 739/-, rs.2, 53, 118.52 and rs.2, 53, 452.22 were demanded, thereby extracting total amount of rs.10, 13, 310/- (38% of the cost of the flat) from us even without starting the construction work. All these cheques were collected personally from our residence. When the next demand due on laying second floor slab was not received, we started calling concerned offices of jaypee greens and their channel partner – 360 degrees capital ltd on phones and also sent various e mails and letters but received no response so far. Since status of the project was not shared with us and no response was given to any of the follow up action by us, this clearly indicates that these bookings were done with maleficent & fraudulent intention just for collecting funds for other projects or passing on to politicians. As per provisional allotment letter dt[protected], the possession of flat was to be given within a period of 30 months, which has already expired on 30th may 2016. More so, construction work has not yet commenced in spite of taking 38% payment.
In view of above, it is demanded that the paid up amount of rs.10, 13, 310/- be returned immediately along with 18% interest.
Col sunil kumar dubey
Mrs poonam dubey
[Sep 20, 2016] Jaypee Developers customer support has been notified about the posted complaint.
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