Only Draft - RERA Complaint - Not Filed
Only Draft - RERA Complaint - Not Filed
Application No.:_________________________
Signature: ___________________________
Authorized Officer:
Details of claim:
ii. Address of the residence of the applicant: 58-54, Sindh Vihar Colony,
Near Nadi Gate, Lashker, Gwalior – 474001, Madhya Pradesh
ii. That the project wherein the Property was located was marketed
and promoted by the Company by claiming to offer a unique and
“unbelievable” plan with an assurance of “Assured Buy Back in 24
Months At 50% Return & Assured Lease for 9 Years”. Additionally,
the Company also represented and assured several other
advantages with respect to its project and Property including:
a) No lease rent being charged by the Company;
b) The ceiling height 4.5mts / 15 ft., which can be used to make
a mezzanine floor (by putting a slab);
c) No maintenance charges for the first 3 years after possession;
d) Surrounded with a density of 180 thousand families (approx.)
within a radius of 10 Km which will imply a good rental value
to cater the needs of end users;
e) easy access to Delhi.
iii. That Complainant was lured by the alluring and tall claims of the
representatives of the Company and its attractive brochure.
Consequently, on the basis of the assurances and projections made
by the Company, the Complainant in the month of August 2014
applied for / booked an apartment on WWS SS Payment Plan in the
proposed project of the Company.
iv. In accordance & Pursuant to execution of an Application Form,
Complainant deposited the initial demanded sum of Rs. 8,00,000/-
to the Company vide Cheque No. 14728 dated 22.08.2014 drawn
on Central Bank of India. The Company issued a receipt dated
30.09.2014 acknowledging the payment of the said amount.
Allotment Application Form signed by the Complainant herein is in
the possession of the Respondent itself and the original signed
copy, along with other executed documents were never provided to
the Complainant by Respondent Company despite promise.
A Copy of: the sample Allotment Application Form and receipt dated
30.09.2014 is filed with this complaint as Annexures.
vii. Further, under the buyback scheme offered by the Company the
Property ought to have been bought back by the Company in 24
months at 50% return and furthermore an assured return / lease
was to be paid for 9 years. In this regard the Company vide its trail
mail dated 06.09.2014 also shared a draft MoU for the buyback
along with the calculation sheet depicting the return on investment
which the Complainant would get after buy back and 9 years of
lease / rent.
A copy draft MoU shared by the Company is filed by the
Complainant with this Complaint as an Annexure. A copy of the trail
mail dated 06.09.2014 is filed by the Complainant with this
Complaint as an Annexure. A copy of the calculation sheet shared
by the Company is filed by the Complainant with this Complaint as
an Annexure.
xi. That in February 2019, the Complainant once again decided to visit
the project site for inspection and follow up. It came as an utter
shock to the Complainant that the entire project was in a complete
state of disarray and even the construction of the base structure
was not completed in more than 5 years. Such conduct of the
Company is not only unreasonable and illegal but has also caused
mental harassment to the Complainant.
5. Compensation(s) sought:
In view of the facts mentioned in paragraph 4 above, the applicant prays
for the following compensation(s):
i. Refund of the total amount of Rs. 16,00,000/- paid to the
Respondent vide along with the interest at the rate of 18% p.a from
the date of payment till the date of realization;
iii. Return on investment which the Complainant would get after buy
back and 9 years of lease / rent.
9. List of enclosures:
i. A copy of the sample Allotment Application Form.
ii. A copy of the receipt dated 30.09.2014.
iii. A copy of the receipt dated 09.10.2014.
iv. A copy of booking confirmation letter dated 14.10.2014.
v. A copy draft MoU shared by the Company.
vi. A copy of the trail mail dated 06.09.2014.
vii. A copy of the calculation sheet shared by the Company.
viii. Copies of alleged installment requests and reminders issued by the
Company.
ix. A copy of the email dated 12.12.2014 sent by the Company
informing the change in the Corporate Office address.
Verification
I __________(name in full block letters) son / daughter of ____________
the applicant do hereby verify that the contents of paragraphs [1 to 8] are
true to my personal knowledge and belief and that I have not suppressed
any material fact(s).
Place:
Date:
Signature of the applicant(s)
____________________________
____________________________
Agreement Terms: ASSURED BUY BACK IN 24 MONTHS AT 50% RETURN & ASSURED
LEASE FOR 9 YEARS (Rent assured Rs. 4581115.704.), apartment size 594 Sq. Ft. Total
amount paid Rs.16,00,000.00. Booking Confirmation Letter: 14.10.2014. Delay: 3.2 years.
NO Construction done. In February 2019 meeting, Builder promised return of advance
Rs.16 Lakh+ assured return of 3 Years rent +interest @12 % p.a. Legal Notice served by
Complainant on Respondent on 29.05.2019, for reimbursement + interest. No reply given.
On 08.11.2019, Builder emailed Complainant, offering “alternative property’ +10% interest
of advance already paid. Possession in 2020. Complainant’s reply mail dated 11.12.2014:
Denied offer. Asked money reimbursement. Money yet not returned.