Non co-operation for finalizing Flat registration / Cancellation
Complainant:
Bharat Dasharath Patil and
Sandeep Dasharath Patil
Dear Sir / Madam,
Realtaspace Infra Solution is Limited Liability Partnership Firm (Referred to as the “Partnership”) having one of partner Mr. Darshan Shetty (Referred to as the “Partner”).
As confirmed by the said partner, the said Partnership is accepting booking for and on behalf of various builders and have all the rights to deal with rate and other charge for the bookings.
We Bharat Dasharath Patil and Sandeep Dasharath Patil came to know that the said Partnership is also accepting booking for Vishu Group for proposed Vishnu Vatika Project at Badlapur Village, Dist Thane (Referred to as the “Builder”)
On 12th July we approached said Partnership for booking of Flat No. 408 in A wing of the said proposed project having area of 610 sq. feet on fourth Floor in Joint name.
As confirmed by the partner, at that time there was no builder office at site of the said proposed project and confirmed that the said partnership is accepting pre- launch bookings for the said proposed project of the said builder.
As per price list shown by the said Partner flat rate was 2700 per Sq. Feet and other charges stated in said price list. However, the partner said that that on specific date (12/07/2015) have offer of 2500/- per Sq Feet and other charge would be remain same also confirm that offer valid only for that specific day no special price list has been printed.
As per price list booking amount was of Rs. 15000/- However, we negotiated the rate to Rs. 2450 /- per Sq. feet subject to 3,00,000/- (Rupees Three Lakhs) down payment.
Thereafter, duly signed application was taken by the said partnership on its letter head confirming all above details and Payment of Three Lakhs was made to him through 2 separate cheques drawn in favour of Vishnu Vatika. Receipt was also given to us on partnership firm’s letter head accepting the said payment on behalf of the said Builder.
Thereafter, we consistently followed up with the said partner for entering into agreement but since there was no builder’s office and project was yet to be launched no agreement was entered.
May be due to our consistent follow ups or else the said partner started to avoid our calls.
Thereafter, builder office came at project site and we visited with our application copy and builder representative stated as under;
1) They yet to receive booking application from the said partnership and
2) They are not aware of why and for which transaction the said 3 lakhs has been deposited in their account.
Thereafter, in our next visit as confirmed by builder’s representative they have received booking applications from the said partnership but per sq feet rate considered in our transaction is not acceptable to them and given below options
1) Rate would be Rs 2650/- per sq. feet instead agreed 2450/- per Sq feet for the said flat or
2) Rate would be Rs. 2550/- per Sq feet and flat would be other than selected one or
3) Booking to be cancelled.
Thereafter, we consistently contacted and mailed the said partner for the issues raised by the builder and suggested to have a joint meeting with us and builder and finalize our transaction but except one mail confirmation on rate he never came and finalized our transaction.
The said partner started avoid our phone calls and avoid to revert back on our mail he also blocked our calls to avoid us.
Here we had many meetings with builder for finalizing our transaction but our efforts gone futile.
Above 2 condition put by the builder were beyond our budget and hence we forced to cancel the our booking opting 3rd option to avoid future mental agony and we made cancellation application and builder agreed on said cancellation and committed refund of our amount on or before 30/11/2015 hence relying on builder’s commitment we booked other flat in our budget and entered into agreement subject to payment of consideration on or before 5/12/2015 but it was not the closure of the matter but it was beginning of another crisis to us.
As committed by builder we visited builder’s office on 30/11/2015 for cancellation builder but ignoring its earlier commitment put below terms and conditions for cancellation which were shocking to us;
1) Rs 50000/- booking amount will be deducted though at the time of booking the booking amount was of Rs. 15000/- and rest amount will be refunded with 12% p a interest after deducting Service Tax of 4%
2) Cancellation deed will be executed on Rs. 100/- Stamp paper.
3) NOC from the said partnership firm in builder’s format.
Thereafter, we requested builder to reduce deduction but again our efforts gone futile. We had committed other for payment of purchase of flat on or before 5/12/2015 but did not find any way to having our money back from the said builder hence we forced to agreed on deduction but still it was not closure of the matter.
Thereafter, we requested the said partner for issuing NOC in favour of the said Builder but the said partner is not ready to give any NOC in builders format and issuing subjective NOC which is not acceptable to builder.
We as customer are suffering due the builder and broker internal issue.