Comments
NON REFUND OF BOOKING
In the SS Group project Almeria at sectot 84 I booked 2000 sq ft First floor no. 10A through Genesis realtypro at a price of Rs.4825 per sq ft on 28th April 2012 by depositing Rs.10 lakh as booking amount through cheques.
The booking application as well as allotment letter dated 9th May 2012 says that in case of delay in payment of instalments interest would be charged @ 18% pa. In case builder refunds your money due to any reason he would pay interest @10% pa. and no where these documents says that in case of cancellation of booking the builder will forfeit your entire booking amount. The builder buyer agreement was never executed wherein there could be any such condition.
The builders printed broucher as well as all the newspaper advertisements claimed that the Almeria project is streached across 7.5 acres i.e. 30000 sq mtr.land for 156 flats in all 3 storyed 26 plots only. But to my utter surprise the project is merely on 3.75 acres and even if the club house of the nearby coralwood project and other facilities are included it does not exceed at all 4.5 acres. Is this is not a misuse of dominant position by giging misleading advertisement by the builder under the competition laws.
When I could not pay further instalment the builder sent reminders and letter of forfeiture in July 2012. Now I have approached the builder personally explaining difficulty in making further payments and the builder officers Mr. Naresh and Ms Ruchika told to surrender the allotment letter in original and the original receipts to process the refund and said the interest overdue of Rs. 1.25 lakhs will be deducted out of the booking amount refund . Having no alternative I submitted the application with the Original documents on 8th October 2012. But to my surprise the builder now on repeated visits said that they have forefeitted entire Rs.10 lakhs and said do whatever you want, no money will be refunded. My pleedings that I had not signed for forefeiture of any amount did not headed any thing. Even Mr. Manoj Shukla and Mr. Sukhbir Singh the Directors refused to hear me.
The SS Group has other projects like The Leaf, Hebiscus, coral wood apart from Almeria. The builder is charging rs. 275 per sq ft for transfer of booking for its hibiscus project and the law firm Khaitan and partners have sent a detailed complaint from the side of the Hebiscus flat owners association which is available on the web site. Kindly help me.
Meenakshi Goyal -Teacher
In the SS Group project Almeria at sectot 84 I booked 2000 sq ft First floor no. 10A through Genesis realtypro at a price of Rs.4825 per sq ft on 28th April 2012 by depositing Rs.10 lakh as booking amount through cheques.
The booking application as well as allotment letter dated 9th May 2012 says that in case of delay in payment of instalments interest would be charged @ 18% pa. In case builder refunds your money due to any reason he would pay interest @10% pa. and no where these documents says that in case of cancellation of booking the builder will forfeit your entire booking amount. The builder buyer agreement was never executed wherein there could be any such condition.
The builders printed broucher as well as all the newspaper advertisements claimed that the Almeria project is streached across 7.5 acres i.e. 30000 sq mtr.land for 156 flats in all 3 storyed 26 plots only. But to my utter surprise the project is merely on 3.75 acres and even if the club house of the nearby coralwood project and other facilities are included it does not exceed at all 4.5 acres. Is this is not a misuse of dominant position by giging misleading advertisement by the builder under the competition laws.
When I could not pay further instalment the builder sent reminders and letter of forfeiture in July 2012. Now I have approached the builder personally explaining difficulty in making further payments and the builder officers Mr. Naresh and Ms Ruchika told to surrender the allotment letter in original and the original receipts to process the refund and said the interest overdue of Rs. 1.25 lakhs will be deducted out of the booking amount refund . Having no alternative I submitted the application with the Original documents on 8th October 2012. But to my surprise the builder now on repeated visits said that they have forefeitted entire Rs.10 lakhs and said do whatever you want, no money will be refunded. My pleedings that I had not signed for forefeiture of any amount did not headed any thing. Even Mr. Manoj Shukla and Mr. Sukhbir Singh the Directors refused to hear me.
The SS Group has other projects like The Leaf, Hebiscus, coral wood apart from Almeria. The builder is charging rs. 275 per sq ft for transfer of booking for its hibiscus project and the law firm Khaitan and partners have sent a detailed complaint from the side of the Hebiscus flat owners association which is available on the web site. Kindly help me.
Meenakshi Goyal -Teacher
Cancellation of Allotment o[censored]nit No.8-B First Floor in your Almeria SS Group Project in Sector 84 Gurgoan.
Sir,
I am surprised to receive your Notice dated 3rd July 2013 falsely stating about various discussions and reminder letter dated 26.4.2013 and demanding Rs.36.12 lakhs and threatening to cancel the allotment of the aforesaid Unit merely within 5 days.
It is strongly denied that any discussions had taken place with any officer of your Company. Your attention is again drawn to my letter dated 27.1.2013 requesting your reply alongwith documentary proof to prove truth on the completely false details published in your Broacher and advertisements for booking o[censored]nit No. 8-B in the SS Group Almeria Project, based on which I made an initial deposit of Rs. 10 lakhs on 20.4.2012 and also also subsequent huge amounts of Rs.12, 29, 971- and Rs.11, 24, 8510/- i.e. total amount of Rs. 33, 70, 793.
The printed advertisement/broacher and other public communications clearly state that Project Almeria is on 7.5 acres of land and is 1 KM distance from National Highway 8. It further states that it is on 150 mtr Dwarka road. All these intentionally false details were given just to cheat consumers, as in your subsequent advertisements including the advertisements on 2nd June 2012 the distance is changed to 2 Kms from National Highway No. 8 . The area of the Almeria project is not 7.5 acres. Further the project is not ON 150 meter road but is at least more than half a km away. Therefore the allotment/money collected is on on the basis of false details given by your company
Since all most important details were misleading, I had in my letter dated 27.1.2013 informed you that I had made several telephonic and personal requests since my application form to get the correct details including the location, approved plan, layout, size of the road in front of my unit, clearances etc., which were all initially promised to be sent with allotment letter, but my allotment letter of 9th May 2012 did not show these things and buyers agreement was again got signed from me by force and on false promises to provide copies of these details shortly. At that time also the layout plan and permissions were not shown / given but promised to be given. In addition the interest 18% pa was never agreed and also not proper in view of the false details given about the basic project.
The reply by your Company vide letter dated 19.2.2013 to my letter dated 27.1.2013 had been totally and completely evasive and in the said letter instead of providing the requested information about the approved plan, layout, size road in front of my unit, clearances and Zonal Plan you had falsely stated that these documents were satisfied to me during execution of flat by Agreement and also stated that no further investigation objection can be raised by me as per the agreement. This shows your intentions to cheat me, therefore I could not make further payments.
It is quite surprising that instead of providing the information and in order to suppress the true details of the project and cover up the falsity of your Broacher and advertisements mainly about distance of One Kilometre from NH-8 and 7.5 acre size of the project you have given such evasive reply without any documentary supports. Therefore it is clear that your Company has extracted money from me on false promises and is raising all illegal demands of instalments.
It is again requested not to cancel my allotment and provide me immediately a copy of the following documents:
(a) The Zonal Plan of the area (drawing No.2588 dated 27.6.2011) in Sector-84 for Almeria project approved by the licensing authority showing that the Almeria/Coralwood Project is on 150 mtr. Road and is only one kilometer of distance from main National highway No.8
(b) Provide a copy of the Building Layout plan (19089 dated 19.12.2011 and other approvals)of the Almeria Project showing, 7.5 acre of land on which the project is situated including area of the park.
(c) Provide a copy of all the approvals and clearances of concerned authorities of the Almeria Project .
(d) Provide copy of the terms and conditions granted by DTCP/other authorities and whether the Company has complied with the terms and conditions and if so on with dates.
(e)Provide details whether the land on which the above project is in the ownership of the Company or not with right for construction of building thereon and whether the Company has submitted any detail about loan or mortgage to DTCP/ other authorities.
(f) Provide the documents that the project has been granted environmental clearance and whether the Company is complying with said clearance and directions of the DTCP/Government and Court regarding use of ground water and other regulations for construction purposes.
(g)Provide the permissions that the Company has combined two projects i.e. Almeria and Coralwood in one single licence and whether the present construction is going on strictly as per the sanctioned building plan of the Project.
(h) Provide information whether the Company had added in the sanctioned plan, construction of any other buildings after the initial sanction of the Plan. Further also clarify that the Clauses in the Agreement regarding booking and refund framed by DTCP/other authorities are being complied by the Company and under which Clause your Company without providing complete details of the project and plans can demand further amount and forfeit the initial deposit even the booking is provisional and the builder-buyer agreement is executed without any documents required to be attached and provided.
Since the booking is on false and frivolous promises hence I again request to immediately provide all the documents as stated in the above para and withdraw the notice of cancellation. In case you do not supply all the above mentioned documents you should refund the entire amount paid so far alongwith interest 18% p.a. in next 3 days. In case of non refund I shall have no option but to take appropriate legal actions.
Sanjeev Shrivastava
Copy to :
1. Shri P.K Chaudhery
Chief Secretary To Govt. of Haryana
4th Floor Haryana Civil Secretariat
Sector 1, CHANDIGARH.
2 Shri S.S.Dhillon
Principal Secretary to Govt of Haryana
Town & Country Planning Deptt.
Haryana Civil Secretariat
Sector 1, CHANDIGARH
3. Director General of Town & Country Planning Haryana
HQ Sector 18
Chandigarh
4. Director TCP, Distt. Town and Country Planning
HUDA Complex, Sector 14,
Gurgaon (Haryana)
Sir,
With a request that the Company S.S.Group has not been providing any of the above mentioned details of the Almeria Project since begaining and is resorting to illegal demands and threatening with cancellation of allotment. Therefore you are requested to direct them to refund the money taken from me alongwith the interest as also initiate action against the Company and its directors for cheating and fraud played on the complainant and general public and would request you to lodge criminal complaints in terms of Orders of Hon, ble Punjab & Haryana High Court as reported in the news papers.
Sanjeev Shrivastava
ss100 gurgaon ALMERIA CORALWOOD, Delight and splendours
NON REFUND OF BOOKING
SS GROUP ALMERIA CORALWOOD HIBISCUS THELEAF FRAZER - FALSE DETAILS IN BROACHER AND NON REFUND
Sir,
I am surprised to receive your Notice dated 3rd July 2013 falsely stating about various discussions and reminder letter dated 26.4.2013 and demanding Rs.36.12 lakhs and threatening to cancel the allotment of the aforesaid Unit merely within 5 days.
It is strongly denied that any discussions had taken place with any officer of your Company. Your attention is again drawn to my letter dated 27.1.2013 requesting your reply alongwith documentary proof to prove truth on the completely false details published in your Broacher and advertisements for booking o[censored]nit No. 8-B in the SS Group Almeria Project, based on which I made an initial deposit of Rs. 10 lakhs on 20.4.2012 and also also subsequent huge amounts of Rs.12, 29, 971- and Rs.11, 24, 8510/- i.e. total amount of Rs. 33, 70, 793.
The printed advertisement/broacher and other public communications clearly state that Project Almeria is on 7.5 acres of land and is 1 KM distance from National Highway 8. It further states that it is on 150 mtr Dwarka road. All these intentionally false details were given just to cheat consumers, as in your subsequent advertisements including the advertisements on 2nd June 2012 the distance is changed to 2 Kms from National Highway No. 8 . The area of the Almeria project is not 7.5 acres. Further the project is not ON 150 meter road but is at least more than half a km away. Therefore the allotment/money collected is on on the basis of false details given by your company
Since all most important details were misleading, I had in my letter dated 27.1.2013 informed you that I had made several telephonic and personal requests since my application form to get the correct details including the location, approved plan, layout, size of the road in front of my unit, clearances etc., which were all initially promised to be sent with allotment letter, but my allotment letter of 9th May 2012 did not show these things and buyers agreement was again got signed from me by force and on false promises to provide copies of these details shortly. At that time also the layout plan and permissions were not shown / given but promised to be given. In addition the interest 18% pa was never agreed and also not proper in view of the false details given about the basic project.
The reply by your Company vide letter dated 19.2.2013 to my letter dated 27.1.2013 had been totally and completely evasive and in the said letter instead of providing the requested information about the approved plan, layout, size road in front of my unit, clearances and Zonal Plan you had falsely stated that these documents were satisfied to me during execution of flat by Agreement and also stated that no further investigation objection can be raised by me as per the agreement. This shows your intentions to cheat me, therefore I could not make further payments.
It is quite surprising that instead of providing the information and in order to suppress the true details of the project and cover up the falsity of your Broacher and advertisements mainly about distance of One Kilometre from NH-8 and 7.5 acre size of the project you have given such evasive reply without any documentary supports. Therefore it is clear that your Company has extracted money from me on false promises and is raising all illegal demands of instalments.
It is again requested not to cancel my allotment and provide me immediately a copy of the following documents:
(a) The Zonal Plan of the area (drawing No.2588 dated 27.6.2011) in Sector-84 for Almeria project approved by the licensing authority showing that the Almeria/Coralwood Project is on 150 mtr. Road and is only one kilometer of distance from main National highway No.8
(b) Provide a copy of the Building Layout plan (19089 dated 19.12.2011 and other approvals)of the Almeria Project showing, 7.5 acre of land on which the project is situated including area of the park.
(c) Provide a copy of all the approvals and clearances of concerned authorities of the Almeria Project .
(d) Provide copy of the terms and conditions granted by DTCP/other authorities and whether the Company has complied with the terms and conditions and if so on with dates.
(e)Provide details whether the land on which the above project is in the ownership of the Company or not with right for construction of building thereon and whether the Company has submitted any detail about loan or mortgage to DTCP/ other authorities.
(f) Provide the documents that the project has been granted environmental clearance and whether the Company is complying with said clearance and directions of the DTCP/Government and Court regarding use of ground water and other regulations for construction purposes.
(g)Provide the permissions that the Company has combined two projects i.e. Almeria and Coralwood in one single licence and whether the present construction is going on strictly as per the sanctioned building plan of the Project.
(h) Provide information whether the Company had added in the sanctioned plan, construction of any other buildings after the initial sanction of the Plan. Further also clarify that the Clauses in the Agreement regarding booking and refund framed by DTCP/other authorities are being complied by the Company and under which Clause your Company without providing complete details of the project and plans can demand further amount and forfeit the initial deposit even the booking is provisional and the builder-buyer agreement is executed without any documents required to be attached and provided.
Since the booking is on false and frivolous promises hence I again request to immediately provide all the documents as stated in the above para and withdraw the notice of cancellation. In case you do not supply all the above mentioned documents you should refund the entire amount paid so far alongwith interest 18% p.a. in next 3 days. In case of non refund I shall have no option but to take appropriate legal actions.
Sanjeev Shrivastava
Copy to :
1. Shri P.K Chaudhery
Chief Secretary To Govt. of Haryana
4th Floor Haryana Civil Secretariat
Sector 1, CHANDIGARH.
2 Shri S.S.Dhillon
Principal Secretary to Govt of Haryana
Town & Country Planning Deptt.
Haryana Civil Secretariat
Sector 1, CHANDIGARH
3. Director General of Town & Country Planning Haryana
HQ Sector 18
Chandigarh
4. Director TCP, Distt. Town and Country Planning
HUDA Complex, Sector 14,
Gurgaon (Haryana)
Sir,
With a request that the Company S.S.Group has not been providing any of the above mentioned details of the Almeria Project since begaining and is resorting to illegal demands and threatening with cancellation of allotment. Therefore you are requested to direct them to refund the money taken from me alongwith the interest as also initiate action against the Company and its directors for cheating and fraud played on the complainant and general public and would request you to lodge criminal complaints in terms of Orders of Hon, ble Punjab & Haryana High Court as reported in the news papers.
Sanjeev Shrivastava
ss100 gurgaon ALMERIA CORALWOOD, Delight and splendours
NON REFUND OF BOOKING
SS GROUP ALMERIA CORALWOOD HIBISCUS THELEAF FRAZER - FALSE DETAILS IN BROACHER AND NON REFUND
Somehow, we recovered the basic amount invested but they rejected our claim of interest of more than 1 year @ 10%.
Genesis, who trapped us for this project, while we visit them for Vatika project, had clearly denied to help us in recovery.
Please suggest how can we proceed to get the interest component applicable (legally)
Please find attached the documents related to the project
BR
[protected]@gmail.com