Bank Notice.docx


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V. APPARAO, Advocate,
H No. 1-10-38/2/4/A, Pent House;
Royal Sadan Apts; Begumpet; Hyderabad-500 016;
Ph. No. ********54.
REGISTERED POST WITH ACKNOWELDGEMENT DUE:
LEGAL NOTICE:
To,
The Branch Manager
Bank of India, Gachibowli branch;
Hyderabad-500 008;
Dear sir,
1 Under instructions of my clients Mr.Manoj Patra s/o.Mr.MD Patra aged about 40 years and
Smt.Sarojini Patra w/o.Mr.Manoj Patra aged about 32 years R/o. Plot No.8, Lakshmi Nagar
Colony, Shaikpeta Nala, Hyderabad-500 008, I am here by issuing this legal notice for
compliance.
2 I invite your attention to the agreement of sale dt.19-12-2011, had between my clients and
the developer company M/s.Aliens Developers (P) ltd; Tellapur Ramachandrapuram Mandal
Medak dist; Basing on the recitals of the said agreement of sale dt.19-12-2011 you have
sanctioned a home loan Rs.55,00,000/- and released an amount of Rs.24,40,000/- to the
developer company without constructions. It is pertinent to mention that the release of home
loan shall be in accordance with the progress of the constructions not otherwise.
3 It is noticed that in contrary to the payment schedule you have released 45% of the home
loan to the developer company without commencement of construction or even remitted into
escrow account ought to maintain by the developer company in this regard. As a result the
developer company resorted to diversion of home loan by defeating the very purpose of the
home loan scheme thereby my clients suffered lot of hardships.
2. It is pertinent to mention that the loan disbursements shall be co-related with the progress of
the construction and in accordance with the provisions of sections 4& 5 of the AP apartments
(Promotion of Constructions and Ownership Act & Rules 1987, whereas you have violated
thereby committed unfair practice and deficiency of service.
3. In not adhering the terms of the agreements besides statutes by you the developer diverted
the funds or even starts the construction. In this regard my clients terminated the agreement
of sale dt.19-12-2011 vide notice dt.5-10-2014 and a copy of the same is herewith attached
for your information and necessary action. As such you are advised to initiate necessary
course of action for recovery of home loan of my clients with applicable interest and
admissible charges if any from the builder in terms of tripartite agreement dt.30-12-2011 and
pay back the EMI’s and other amounts paid by my clients as on date into the home loan with
applicable interest thereof.
4. Further at the time of sanction of home loan you have obtained certain instruments and blank
cheques signed by my clients for security of the home loan. In view of termination of
agreement of sale dt.19-12-2011 you ought to recover the home loan from the developer
company. As such you have to return such cheques or instruments to my clients forthwith.
5. As such you are advised not to present the blank cheques of my clients if any had with you
without the knowledge of my clients if so my clients are not responsible for honor of the same
and there has been no balance in the said account of my clients. Hence treat the notice as a
caution notice. It is pertinent to mention that in view of cancelation of agreement of sale my
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clients absolved from the home loan liability, thereby my clients does not owes to pay legally
enforceable debt/liability to you here onwards in any manner including the home loan dues.
6. In view of the above you are advised to initiate necessary course of action over the developer
company for recovery of the home loan with applicable interest and admissible charges if any
and pay back the EMI’s and other amounts that has been remitted into the home loan as on
date by my clients with applicable interest at an early date and provide no dues certificate to
my clients in respect of the said home loan account, failing which my clients will initiate
necessary course of action in the court of law not only civil but also criminal for which you are
held responsible and also liable for the costs thereof.
(V. APPA RAO),
Advocate; ********54; Hyderabad, Dt.5-10-2014;
CC
1) M/s. Aliens Developers (P) ltd;
Rep. by its MD & JMD; O/o.Flat No.911, Teja Block, My Home Navadeepa Apartments;
Madhapur; Near Hitech City; Hyderabad-500 081;
2) Mr.Hari Challa s/o.Mr.CVR Chowdhary;
Managing Director M/s. Aliens Developers (P) ltd;
O/o.Flat No.911, Teja Block, My Home Navadeepa Apartments;
Madhapur; Near Hitech City; Hyderabad-500 081;
3) Mr.Venkat Prasanna Challa s/o. Mr.CVR Chowdhary;
Joint Managing Director M/s. Aliens Developers (P) ltd;
O/o.Flat No.911, Teja Block, My Home Navadeepa Apartments;
Madhapur; Near Hitech City; Hyderabad-500 081;
(present addresses of parties SNo.1 to 3 are at Aliens Space Station, Tellapur,
Ramachandrapuram Mandal Medak dist; Hyderabad, (A.P)- PIN- 502032).

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Displaying Bank Notice.docx.



































affidavit.docx


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BEFORE THE HONOURABLE TELENGANA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION;
AT HYDERABAD;
CC No. of 2014;
Between:
1. Manoj Patra
s/o.Mr.MD Patra aged about 40 years;
2. Smt.Sarojini Patra
w/o.Mr.Manoj Patra aged about 32 years;
both are R/o. Plot No.8, Lakshmi Nagar Colony,
Shaikpeta Nala, Hyderabad-500 008;
(present address flat No.303, Swati Nilayam, Happy Homes Colony, Uparapally
Hyderabad-500 048;)
Petitioners/Complainants;
AND:
1) M/s. Aliens Developers (P) ltd;
Rep. by its Managing Director & Joint Managing Director;
Mr.Hari Challa s/o.Mr.CVR Chowdhary &
Mr.C.Venkat Prasanna Challa S/o. Mr.CVR Chowdhary; respectively;
O/o.Flat No.910, Teja Block, My Home Navadeepa Apartments;
Madhapur; Near Hitech City;
Hyderabad-500 081;
2) Mr.Hari Challa s/o.Mr.CVR Chowdhary;
Managing Director M/s. Aliens Developers (P) ltd;
O/o.Flat No.910, Teja Block, My Home Navadeepa Apartments;
Madhapur; Near Hitech City;
Hyderabad-500 081;
3) Mr.C.Venkat Prasanna s/o. Mr.CVR Chowdhary;
Joint Managing Director M/s. Aliens Developers (P) ltd;
O/o.Flat No.910, Teja Block, My Home Navadeepa Apartments;
Madhapur; Near Hitech City;
Hyderabad-500 08;
(present addresses of parties SNo.1 to 3 are at Aliens Space Station,
Tellapur Post, Ramachandrapuram Mandal Medak dist; Hyderabad, (A.P)-
PIN- 502032).
4. Bank of India
Rep. by its Branch Manager
Gachibowli branch;
Hyderabad-500 008;
Respondents/Opposite
Parties;
VERIFICATION AFFIDAVIT:
I Manoj Patra s/o.Mr.MD Patra aged about 40 years R/o. Plot No.8, Lakshmi
Nagar Colony, Shaikpeta Nala, Hyderabad-500 008, do hereby sincerely and
solemnly state on oath as follows:-
I am the 1st petitioner herein as such well acquainted with the facts of the case and
authorized to file verified affidavit on behalf of the 2nd petitioner herein.
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BRIEF FACTS OF THE CASE;
1. I submit that the 1st opposite party is a company registered under Indian
companies Act 1956 Rep. by its Managing Director and Joint Managing Director
Mr.Hari Challa and Mr.Venkat Prasanna Challa, the 2nd & 3rd opposite parties
respectively and are responsible for the day to day affairs of the 1st opposite
party/company. In its course of business the 1st opposite party undertaken a
Development Agreement cum GPA’s Nos.23198 of 2006, 23230 of 2006 dt.7-10-
2006 and 13321 of 2007 dt.23-6-2007 with the respective land owners for
development of land admeasuring Ac.19.26 guntas into residential apartment
complexes thereon in survey Nos.384, 385 and 426/A, situated Tellapur village,
Ramachandrapuram Mandal Medak dist; The 4th opposite party is the home loan
banker extended home loan to the flat under sale under contractual obligations
by virtue of agreement of sale and tripartite agreement thereof.
2. I submit that 1st to 3rd opposite parties made believed the complainants that they
have under taken the construction of multi storied apartment complex in the
name and style Aliens Space Station-I, situated at Tellapur Village
Ramachnadrapuram Mandal Medak dist; and obtained building permission vide
HUDA No.621/P4/Plg/HUDA/2008 dt.11-4-2008 and had absolute rights over the
flat No.1916, station-3, on 19th floor of the complex by name Aliens Space
Station-1, comprise of super built up area of 1874 square feet with one covered
car parking besides undivided share of land of 40.29 square yards out of total
land of 82976.89 square yards in survey Nos.384, 385 and 426/A, situated at
Tellapur Village Ramachandrapuram Mandal Medak dist;
3. It is pertinent to mention that believing the words and at the offer of the 1st to 3rd
opposite parties the complaints under took Agreement of Sale dt.19-12-2011 for
purchase of a flat No.1916, station-3, on 19th floor of the complex by name Aliens
Space Station-1, comprise of super built up area of 1874 square feet with one
covered car parking besides undivided share of land of 40.29 square yards out of
total land of 82976.89 square yards in survey Nos.384, 385 and 426/A, situated
at Tellapur Village Ramachandrapuram Mandal Medak dist; for a sale
consideration of Rs.63,36,047/- and paid part of the consideration of
Rs.2,50,000/- at the time of agreement and also paid Rs.3,00,000/- and
Rs.24,40,000/- on avail of home loan from the 4th opposite party herein and
agreed to pay the balance consideration of Rs.33,46,047/- in accordance with the
terms and conditions of the agreement of sale and tripartite agreement.
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4. The complainants paid a sum of Rs.29,90,000/- as against the total consideration
of Rs.63,36,047/-; The complainant’s availed home loan from Bank of India
Gachbowli Hyderabad an amount of Rs.55,00,000/-. The 4th opposite party herein
on the basis of tripartite agreement had in between the opposite parties and the
complainants in respect of release of home loan amount besides other
agreements had in between the complainants and the 4th opposite p