Sub : Complaint against SS Group having projects Almeria, Coralwood, Habiscus, The Leaf , Frazer etc in Gurgoan and having Registered Office at B-4/43, Second Floor, Safdarjung Enclave, New Delhi-110029 Breach of trust by inducing by giving false details of Almeria Project, in Sector 84, Gurgaon, Haryana
1. The SS Group through its published broachers’ invited applications for booking of flats on false details that the Almeria Project to be constructed on of 7.5 acres of land in Sector-84, Gurgaon, Haryana which was stated just 1 KM distance from National Highway – 8 and located on 150 mtr. Road. The broacher contained the information that the Almeria project is being built by the Company on 7.5 acres of land (which means 36000 sq. yrds. approxmately). The brochure further shown picture of the Almeria project having 53 three storied blocks of units each having Ground, First and Second Floors area of 2000 sq. ft. each. That the complainant got induced by the representations and statement of the builder and submitted application in the month of April,2012 in the printed Application Form for 2000 sq. ft. area on First Floor, Unit No.10-A in the Project @ Rs.4825/- per sq. ft. being total basic cost of Rs.96.50 lakhs plus IDC, EDC, PLC.
2. The company issued subsequent advertisement on dated 2nd June’2012 after the complainant had booked the flat and it was found that the builder had changed the distance shown as from 1 KM from National Highway to 2 KM. In the subsequent advertisement dated 6.10.2012 the builder has also stopped showing that the project is on 7.5 acre land. The Complainant was induced by the builder and thus had paid the initial booking amount through Cheques of total amount of Rs.10 Lakhs (Rupees Ten lacs) .
3. The Application Form for allotment contained printed conditions of booking that the Company shall provisionally allot a unit to the complainant and the complainant shall pay further installments towards the sale price as stipulated in the payment plan annexed along with the application. The application form also stated that the buyers agreement and payment plan explained to the buyer, but the builder intentionally neither explained nor provided copy of the same. The builder had intentionally not provided any payment plan or agreement or plan approvals or layout plan/design etc. to the complainant. The builder promised to the complainant that the payment plan or agreement or layout plan approvals shall be given on allotment and the initial booking was provisional as the builder was in the process of increasing the prices from the next day.
4. The Company vide letter dated 9th May,2012 had informed the complainant for the registration of allotment of unit in Almira Project. It also stated that that the complainant has to pay further installment towards the sale price and other dues as stipulated in the payment plan annexed to the said letter and agreeing by the complainant to abide by the terms of buyers agreement to be signed in due course and the broad terms and conditions of which are enclosed with the allotment, but surprisingly again the builder intentionally not provided the same. The builder had imposed the terms and conditions on the complainant without even providing the Buyers Agreement and Copy of Clearances for the project, approved layout i.e. Almira Project.
5. The complainant had already paid the booking amount on promises and assurances of the builder in the broacher and without showing layout plan and all the compliances. Based on these promises the complainant signed the copy of the allotment letter and returned the same to the Company. It appears that the intention of the builder in giving false details in the broacher and not providing the buyers agreement and clearances was that the builder wanted to conceal the exact layout and approvals. The builder was not acting with genuine details. Even the allotment letter issued by the builder also did not mention the size of the project layout, road size in front of the unit and the clearances of layout plans were intentionally not stated by the builder because the same would have exposed the area of the project and falsity of the claims of the builder. The complainant also became suspicious that not only the size of total project is less than 5 acres but also distance is more than 2 Kms from NH-8 and also it is far away of about half Km from the 150 mtr road. The unit No. 10A is not facing the park but the internal road, but the park facing PLC of huge amount has been charged. Further the builder had not disclosed the payment plan at the time of booking as their intention was not genuine since the beginning.
6. The builder started making further demands for payment of sale consideration vide their letters dated 29.4.2012, 30.5.2012 and 2.7.2012 along with interest @ 18% pa. Surprisingly the interest was never mentioned or agreed between us. The builder Company intended that the complainant should sign on the totally one sided buyers agreement at their office only without reading the same.
7. The builder vide letter dated 16th July 2012 informed the complainant to pay the installments due in 7 days failing which the complainant shall not have any right or lien on the unit booked and the amount paid by her shall be forfeited. Since the allotment latter had no mention of any such forfeiture and further the complainant was not sent the buyers agreement/ building plans/ clearances etc. As the complainant was taken by the shock by the builders behavior, it could not pay the further amount due to false picture shown by the builder.
8. The builder thereafter sent the cancellation letter dated 31st July 2012 to the Complainant stating its decision to terminate the allotment of the Unit of the complainant. The builder also directed the complainant to return the original documents of the property so as to process the refundable amount as per agreement. Since the builder had wrongly cancelled the allotment as per the above letter dated 31.7.2012 and promissed to refund the deposit, the complainant having no option personally approached the builder for refund and the builders officers said that for refund the complainant has to write about financial difficulties of the complainant to sympathetically consider the case and to return the said documents. Accordingly on the representation of the builder to refund of the amount of Rs. 10 lakhs, the complainant returned the original documents which were duly received by the concerned finance officer of the builder at its registered office on 8th October 2012. Further at the time the of deposit of the original documents, the staff of the builder had verbally promised the complainant that the deposit of Rs. 10 lakh shall be refunded in full in a week’s time.
9. But to the surprise of the complainant, the builder company has till date neither returned the amount nor given any reply and is intentionally keeping silence in spite of a number of phone calls and personal visits. It has also came to the knowledge of the complainant that the main reason of cancellation of the allotment in a period of nearly two months is that the company wanted to take advantage of the increased price of the units from Rs.96,50,000/- to Rs.1,20,00,000/- i.e. a difference in the price of more than 23 lakhs. Further the promise of having the Almeria Project on 7.5 acres, the distance of just one KM from NH 8 and situation on 150 mtr road also proved completely false. The unit No. 10A is not facing the park but the internal road, but the park facing PLC of huge amount has been charged. The Company also did not supply copy of any buyers agreement, approved building plan, clearance of the environmental authorities, clearance from the authorities about use of ground water etc. Even the size of the road, park in front of the Unit was not provided. It was first duty of the builder to provide the same but intentionally withheld the same with wrongful intentions.
10. The personal visits made by the complainant and her husband at the registered office of builder was of no results and on the contrary the staff of the builder used the arrogance.
11. On the facts and circumstances stated above, I would lodge complaints both criminal and civil.
Mrs.Meenakshi Goyal
Complainant