Consumer Rights Mission: New Submission

Submitted By (Submission ID): Raj Kumar Jain from India (96985236) Subject: Cheating by Developer by asking more money in advance before even the start of foundation Description: 1) Name : Raj Kumar Jain & Alka Jain 2) Address: A 603, Unique Apartments, Plot no. 38, Sector 6, Dwarka, New Delhi-75 3) Cell Number: +919312562666 +919868116154 4) Residence telephone No: +91 11 25075222 +91 11 25075222 5) Your E-mail address : rajkrjain@hotmail.com alkjain@gmail.com 1) Name of opposite party: M/s Kashish Developers 2) Registered address of opposite Party: 87, Old A. G. Colony, Kadru, Jharkhand-834002 3) Ph: 0651-2341269; Mobile: 8873002015/16/17/18/19 & 9470520015/16/17/18/19 4) E Mail : sales@kashishgroup.com; info@kashishgroup.com; Complaint against Builders/ Developers, M/s Kashish Developers, Sector 111, Gurgaon, from their 'Manore One' Project: i. asking for more ii. early money iii. delivery of lesser Carpet Area and iv. selling the property even without getting Development permissions. 1) COMPLAINT: Subject: Complaint of a. Cheating b. Forcing to extract more money c. Taking early money than norm d. offering lesser Carpet Area. With reference to the above, we would like to file our complaint against M/s Kashish Developers, for their Project, called Manor I, at Sector 111, Dwarka Expressway, Gurgaon, Haryana. We have exhausted all our efforts to get justice from them, the last being our letter dated 17.01.13 & 13.02.13 & 15.02.13. Complaint is on the following Grounds: A. The Developers had booked the Flat before getting License in Developer's name, against the Norms of Haryana. B. The Developers have used our Rs. 8,00,000/- for more than 5 months, before the allotment of Flat. They have formulated one sided terms and conditions, in October 2012, after booking confirmation in May '12. C. The Developers have backtracked of their commitment for Allotment of Flat on 7th Floor, instead, allotted it on 14th Floor, under threat. D. Carpet area not being 80% of the BUA, it being 1164 out of 1,715 Sft. E. Payment terms being forced, after receipt of Rs. 8 Lac. 35% of Property cost is demanded, much before completing Building Foundation, threatening cancellation of Booking. Facts are, as follows: 1. M/s Kashish Developers had launched 'Manor One' Project in May 2012, confirming that they had received the 'Project License', in December 2011, in their name. We came to know the Developers' falsehood in mid of December 2012. The Project License was issued to them only on 02.08.2012. 2. We had booked a Flat No. B1-7B, in the Project, on seventh @ Rs. 6050/- psf, on 5th May 2012, by making initial payment of Rs. 8 Lac. The Cheque was en-cashed by them on 10th May 12, with a clear commitment that the License was already in their name, since December 2011. 3. However, their office was not ready to issue Allotment letter, for a long time. During this process, we had been running from post to pillars, in their office, to get the letter for the committed said unit and had written to their HO. They called us to their Gurgaon office on 08.08.12 and then on 20.08.12. We agreed to pay a total of 20% of the basic Cost of the Property provided they issue the Allotment letter. 4. On getting the 20% payment, they have confirmed our booking only on 08.10.12, by allotting a Flat on 14th Floor. We had no option as they threatened to cancel the booking by forfeiting the booking amount of Rs. 8 Lac, if we walk away without signing the Application form. 5. As per National Building Industry parameter the Carpet Area of the Flat should be a minimum of 80% of the salable area of the Flat. However, as per, now, supplied Plan of the Flat, by the Developer, the Carpet Area of the Flat is only 1,164 Sft. (68%) for purchased Flat area of 1,715 Sft. (considering 50% of the Balcony area being taken as the Carpet area). Thus, for a Carpet Area of 1,164 sft, the saleable area canot be more than 1,455 sft. 6. Now, the Developers are insisting on the Terms and Conditions of the Allotment Letter, to bind us for the payment Terms, with some additional charges, which were evolved by them after 5 months after the receipt of our Booking Amount of Rs. 8 Lac. Approved practice of the Payment terms is normally 10% on Booking, with the next payment to be due only on completion of Building's Foundation. They are insisting for the payment up to a total of 35% of the cost of the Property, without completing even Building's foundation. 7. We have been trying to communicate with the Developers, to get replies from them, last being our letter by Registered post dated 17.01.13, 13.02.13 & 15.02.13 and through a number of mails, on their mail IDs, but there exists a silence from them, except for their Demand Notices.   RELIEF: We seek your kind intervention on the above points from A to E, based on the detailed account from Para 1 to 7, above, seeking following relief: The Developers may kindly asked to: a. Pay penalty for selling property before getting License in their name. b. Pay Interests for the money being used by them, before Flat Allotment. c. Allot the Flat of on 7th Floor. d. Reduce the Saleable area to 1,455 sft, for a Carpet area of 1,164 sft. e. Moderate the extra charges levied by them. f. Charge payment commensurate with Progress of Work. Testimony: I testify that the information provided above is true to the best of my knowledge and I have no malafide intention in making this submission and if so not found in future, I will be responsible for any liability arising from it. I confirm that I have the necessary supporting evidence to prove my submission and I undertake to furnish the same if need be. Raj Kumar Jain --- Consumer Rights Mission is dedicated to empower and further the cause of consumers.