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US Open by Nirmal Lifestyle in Mulund, Mumbai

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US Open by Nirmal Lifestyle in Mulund, Mumbai

Last updated: October 27 2019
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  • Re : US Open by Nirmal Lifestyle in Mulund, Mumbai

    Originally posted by akki2006 View Post
    Why r u eager to pay more, if they are asking for less, that's good, right ?
    No I am not eager to pay more. the percentages and DL are all messed I just want to ensure they are billing me accurately. as masterinvest said it better be cautious I don't want surprises later.

    Comment


    • Re : US Open by Nirmal Lifestyle in Mulund, Mumbai

      Delays in All Nirmal Lifestyle Projects

      Dear Customers of Nirmal Lifestyle,

      I am doing this in public interest to make the general public aware of Nirmal Lifestyles intentions and possible inability to complete their Projects even by 2018 or later.

      I have booked the following properties with Nirmal.

      Project
      Property Type
      Date verbally Committed during Allotment
      Date Unilaterally revised by Nirmal during Agreement
      Date proposed by Nirmal in the Settlement Agreement
      (A)
      Turquoise
      Flat
      30-Nov-2013
      30-Jun-2016
      31-Dec-2017
      Discovery
      Office
      31-Mar-2014
      31-Dec-2016
      31-Dec-2018

      I have filed a section 9 petition in the Mumbai High Court against Nirmal, learning of which Nirmal have called me for an out of court settlement and proposed revised completion dates for each Project as per the Column (A) above and offered the following terms if we are willing to withdraw our section 9 petition from court.

      The following were the proposed terms of the out of Court Settlement.

      1. Towards Delays in Turquoise - Rentals from June 2016 up to Dec 2017 (proposed handover date).
      2. Towards Delays in Discovery - Rentals from Dec 2016 up to Dec 2018 (proposed handover date).
      3. Interest on excess payment in Discovery 9% from the date of payment March 2011 till Sep 2015.
      4. Reduce the amount in item 1 + 2+ 3 above from the total amount payable against Turquoise + Discovery
      5. Balance payment to be made only upon handover of last property i.e. Discovery
      6. In the event Turquoise is not delivered by Dec 2017 then Nirmal would buy back the property at current rates
      7. In the event Discovery is not delivered by Dec 2018 then Nirmal would buy back the property at current rates

      Nirmal had principally accepted to all the above terms except point 6 & 7. Hence the settlement has not gone through. Copy of Consent terms attached.

      By their non-acceptance of point 6 & 7 it is evident that they know even today, that neither Turquoise is going to be complete in Dec 2017 nor is Discovery going to be complete by Dec 2018.

      A simple logic. As of Oct 15 there are 38 months to Dec 2018 (the now committed possession date for Discovery). Whereas in Discovery there are 27 Slabs (Approx) balance as of Oct 2015. They are currently working at a speed of 1 slab in 3 months. Let us assume they even speed up to 1 slab in 2 months. Even by that logic they will take 54 months to complete the structure alone. If we add an optimistic 12 months for finishes and external façade (glass) work they will practically take 66 months to complete Discovery. Hence the practical date of possession for Discovery is actually Mid of 2020. Now this date is only possible if they maintain their speed which everyone is sure will not be the case. Hence in all likelihood the possession of 2020 also may not get honored.

      They are openly advertising about “Guaranteed Handover by June 2017” for Turquoise but they have not accepted a buy back of my Turquoise property even by Dec 2017 in the settlement terms that will be presented in court.

      Hence it is clear that all their Guarantees are only to attract ignorant buyers and bring the buyers to a condition where the buyer can do nothing but wait for a decade in anticipation of possession.

      Nirmal Staff have usually do not even have the courtesy to answer our calls or respond to us properly in weeks or even months. However after I filed the petition in court, their Senior Staff have themselves contacted me for meeting and (since I was not free to go to their office), they have come all the way to my office, which is almost 40 km away from their office, and waited to meet me. I hope this makes you realize the power our law gives us. Hence please do not fear our legal system and use it to gain your rights against errant builders.

      Let us collectively take the correct and informed actions. Merely chatting on groups and going to Nirmal’s office in groups will not deliver results as they are used to dealing with groups of customers on all their projects. If we truly want to gain our rights, we can only do so by lawfully bringing them to the rightful position of taking up their liability. Once they are directed by appropriate court, they will have to honour their commitments, either to deliver on time or compensate for losses.

      Hence I urge the customers of Nirmal to rise up and take informed actions.

      I am willing to share my knowledge, case details and experience along with contacts to any customer who has been similarly effected by Nirmals actions, at absolutely no monetary benefit.




      ----- Forwarded Message -----
      From: Kevin. Fernandes xxxxxx>
      To: "xxxxxx" <xxxxxxxxxxxxxx>
      Cc: "xxxxxxxxxx" <xxxxxx>; "xxxxxxxxx" <axxxxxxxx>
      Sent: Thursday, August 20, 2015 4:38 PM
      Subject: Troubled Customers of Nirmal Lifestyle - Time to wake up

      Dear troubled Customers of Nirmal Lifestyle,

      I am Kevin Fernandes a resident of Mumbai and yet another troubled customer to Nirmal having 1 Flat (Flat no: xxxxxxx) in Turquoise and 1 Office (xxxxxxxx) in Discovery both in Mulund.

      Both the properties were purchased on or about 2010 and we were promised possession by 2013. In 2012 or thereabouts, while registering the agreement, the completion dates have been unilaterally revised to 2016.

      I also have written admission from Nirmal that the 2016 timeline is also going to be dishonored and they are now targeting a completion of 2018. From my own sources in the industry I understand that 2018 target is also likely to be dishonored.

      I am thus in the process of initiating legal action against Nirmal.

      I am a Civil Engineer by qualification and working in the Real Estate Industry since 12 years, out of which 6 years have been in Mumbai Real estate. I am working for leading Developers and am spearheading their Legal matters with Contractors etc. I am basically the Link in my organization between the Engineering & Legal teams.

      On account of my work profile, I am updated with most Real Estate related information (including Nirmals action plans etc) and also have ready access to best Legal minds of Mumbai, who work for me at surprisingly cost effective remuneration.

      We as common man and customers are reasonably unaware about the enormous rights that Law & Courts provide us against defaulting developers. Most of us shy away from approaching proper legal channel, either due to improper understanding of law and/or fear of being caught up in court matters for 1.5 to 2 years, and in turn end up waiting for developer to deliver, for timespans much more than what court would take to deliver their judgment.

      Just like finding a good doctor to cure a typical ailment, finding a right and capable Lawyer is also a challenge. I being from the industry went through some reasonable hardship to find the right (cost effective) Lawyer to represent my matter.

      I can thus offer my help in forwarding you to the right Legal expert who will be able to advise you regarding your rights and would be able to represent your case, should you be decide to take up the legal recourse.

      The mantra in our case is to act fast and not wait for one another as every matter is separate and has to be filed separately.

      In the even you wish to seek legal advice on your matter please send the following documents to xxxxxxxxxxxxxxxxxxxx
      1. Scan Copy of the Allotment Letter
      2. Scan Copy of Registered agreement (if not registered then Allotment letter will also do)
      3. Scan copy of all communications between Nirmal and yourself
      4. Payment history (Demand notice – date & Amount V/s Payment - Cheque No & Date of cheque)

      Also please mention your contact number in the e-mail. The Lawyer shall review your documents and then contact you on your phone to schedule an appointment and deliver his advice.

      I wish you all the best in your efforts to gaining possession of your property.

      Regards
      Kevin Fernandes
      Last edited October 24 2015, 12:32 PM. Reason: Do not post personal information, such as full names, email addresses, numbers, or home/business name/addresses on the forum.

      Comment


      • Re : US Open by Nirmal Lifestyle in Mulund, Mumbai

        Originally posted by kevinkunal View Post
        Dear Customers of Nirmal Lifestyle,

        I am doing this in public interest to make the general public aware of Nirmal Lifestyles intentions and possible inability to complete their Projects even by 2018 or later.

        I have booked the following properties with Nirmal.

        Project
        Property Type
        Date verbally Committed during Allotment
        Date Unilaterally revised by Nirmal during Agreement
        Date proposed by Nirmal in the Settlement Agreement
        (A)
        Turquoise
        Flat
        30-Nov-2013
        30-Jun-2016
        31-Dec-2017
        Discovery
        Office
        31-Mar-2014
        31-Dec-2016
        31-Dec-2018

        I have filed a section 9 petition in the Mumbai High Court against Nirmal, learning of which Nirmal have called me for an out of court settlement and proposed revised completion dates for each Project as per the Column (A) above and offered the following terms if we are willing to withdraw our section 9 petition from court.

        The following were the proposed terms of the out of Court Settlement.

        1. Towards Delays in Turquoise - Rentals from June 2016 up to Dec 2017 (proposed handover date).
        2. Towards Delays in Discovery - Rentals from Dec 2016 up to Dec 2018 (proposed handover date).
        3. Interest on excess payment in Discovery 9% from the date of payment March 2011 till Sep 2015.
        4. Reduce the amount in item 1 + 2+ 3 above from the total amount payable against Turquoise + Discovery
        5. Balance payment to be made only upon handover of last property i.e. Discovery
        6. In the event Turquoise is not delivered by Dec 2017 then Nirmal would buy back the property at current rates
        7. In the event Discovery is not delivered by Dec 2018 then Nirmal would buy back the property at current rates

        Nirmal had principally accepted to all the above terms except point 6 & 7. Hence the settlement has not gone through. Copy of Consent terms attached.

        By their non-acceptance of point 6 & 7 it is evident that they know even today, that neither Turquoise is going to be complete in Dec 2017 nor is Discovery going to be complete by Dec 2018.

        A simple logic. As of Oct 15 there are 38 months to Dec 2018 (the now committed possession date for Discovery). Whereas in Discovery there are 27 Slabs (Approx) balance as of Oct 2015. They are currently working at a speed of 1 slab in 3 months. Let us assume they even speed up to 1 slab in 2 months. Even by that logic they will take 54 months to complete the structure alone. If we add an optimistic 12 months for finishes and external façade (glass) work they will practically take 66 months to complete Discovery. Hence the practical date of possession for Discovery is actually Mid of 2020. Now this date is only possible if they maintain their speed which everyone is sure will not be the case. Hence in all likelihood the possession of 2020 also may not get honored.

        They are openly advertising about “Guaranteed Handover by June 2017” for Turquoise but they have not accepted a buy back of my Turquoise property even by Dec 2017 in the settlement terms that will be presented in court.

        Hence it is clear that all their Guarantees are only to attract ignorant buyers and bring the buyers to a condition where the buyer can do nothing but wait for a decade in anticipation of possession.

        Nirmal Staff have usually do not even have the courtesy to answer our calls or respond to us properly in weeks or even months. However after I filed the petition in court, their Senior Staff have themselves contacted me for meeting and (since I was not free to go to their office), they have come all the way to my office, which is almost 40 km away from their office, and waited to meet me. I hope this makes you realize the power our law gives us. Hence please do not fear our legal system and use it to gain your rights against errant builders.

        Let us collectively take the correct and informed actions. Merely chatting on groups and going to Nirmal’s office in groups will not deliver results as they are used to dealing with groups of customers on all their projects. If we truly want to gain our rights, we can only do so by lawfully bringing them to the rightful position of taking up their liability. Once they are directed by appropriate court, they will have to honour their commitments, either to deliver on time or compensate for losses.

        Hence I urge the customers of Nirmal to rise up and take informed actions.

        I am willing to share my knowledge, case details and experience along with contacts to any customer who has been similarly effected by Nirmals actions, at absolutely no monetary benefit.




        ----- Forwarded Message -----
        From: Kevin. Fernandes xxxxxx>
        To: "xxxxxx" <xxxxxxxxxxxxxx>
        Cc: "xxxxxxxxxx" <xxxxxx>; "xxxxxxxxx" <axxxxxxxx>
        Sent: Thursday, August 20, 2015 4:38 PM
        Subject: Troubled Customers of Nirmal Lifestyle - Time to wake up

        Dear troubled Customers of Nirmal Lifestyle,

        I am Kevin Fernandes a resident of Mumbai and yet another troubled customer to Nirmal having 1 Flat (Flat no: xxxxxxx) in Turquoise and 1 Office (xxxxxxxx) in Discovery both in Mulund.

        Both the properties were purchased on or about 2010 and we were promised possession by 2013. In 2012 or thereabouts, while registering the agreement, the completion dates have been unilaterally revised to 2016.

        I also have written admission from Nirmal that the 2016 timeline is also going to be dishonored and they are now targeting a completion of 2018. From my own sources in the industry I understand that 2018 target is also likely to be dishonored.

        I am thus in the process of initiating legal action against Nirmal.

        I am a Civil Engineer by qualification and working in the Real Estate Industry since 12 years, out of which 6 years have been in Mumbai Real estate. I am working for leading Developers and am spearheading their Legal matters with Contractors etc. I am basically the Link in my organization between the Engineering & Legal teams.

        On account of my work profile, I am updated with most Real Estate related information (including Nirmals action plans etc) and also have ready access to best Legal minds of Mumbai, who work for me at surprisingly cost effective remuneration.

        We as common man and customers are reasonably unaware about the enormous rights that Law & Courts provide us against defaulting developers. Most of us shy away from approaching proper legal channel, either due to improper understanding of law and/or fear of being caught up in court matters for 1.5 to 2 years, and in turn end up waiting for developer to deliver, for timespans much more than what court would take to deliver their judgment.

        Just like finding a good doctor to cure a typical ailment, finding a right and capable Lawyer is also a challenge. I being from the industry went through some reasonable hardship to find the right (cost effective) Lawyer to represent my matter.

        I can thus offer my help in forwarding you to the right Legal expert who will be able to advise you regarding your rights and would be able to represent your case, should you be decide to take up the legal recourse.

        The mantra in our case is to act fast and not wait for one another as every matter is separate and has to be filed separately.

        In the even you wish to seek legal advice on your matter please send the following documents to xxxxxxxxxxxxxxxxxxxx
        1. Scan Copy of the Allotment Letter
        2. Scan Copy of Registered agreement (if not registered then Allotment letter will also do)
        3. Scan copy of all communications between Nirmal and yourself
        4. Payment history (Demand notice – date & Amount V/s Payment - Cheque No & Date of cheque)

        Also please mention your contact number in the e-mail. The Lawyer shall review your documents and then contact you on your phone to schedule an appointment and deliver his advice.

        I wish you all the best in your efforts to gaining possession of your property.

        Regards
        Kevin Fernandes

        This is by far the most bold and useful post in this forum. I salute you for outing this in public and will be a very useful tool for all those who are sickened by the Attitude of Nirmal!

        Comment


        • Re : US Open by Nirmal Lifestyle in Mulund, Mumbai

          kevinkunal; can you please share your email ID/mobile no. We are also planning to do the same. need guidance.
          Last edited October 29 2015, 05:31 PM. Reason: user tag

          Comment


          • Re : US Open by Nirmal Lifestyle in Mulund, Mumbai

            Kudos, keep up the great effort....

            Comment


            • Re : US Open by Nirmal Lifestyle in Mulund, Mumbai

              Great initiative ! Way to go Kevin ! People just need a holding hand and you have given that Ray of hope to fellow investors who are badly stuck in Nirmal with no hope whatsoever..

              As the saying goes 'United we stand, Divided we fall.

              Generally speaking all builders are very confident that, given their clout and resources at their disposal, no customer can even touch them, come what may and take advantage by trying to squeeze every penny from customer !

              If customers get confidence to pursue the legal option, this would act as a deterrent.

              I would also urge fellow investors who have invested their hard earned money in Nirmal's to consider the option of protesting outside the MCHI BKC exhibition where Nirmal is one of the key sponsors and is aggressively promoting another set of new launches to trap those left out in his earlier projects.

              Where there is a will there is a way !
              Last edited October 29 2015, 10:24 PM. Reason: Text formatting.

              Comment


              • Re : US Open by Nirmal Lifestyle in Mulund, Mumbai

                Demand letter for Casting Podium 3rd Slab received for Game Point. Did anyone receive it?

                Comment


                • Re : US Open by Nirmal Lifestyle in Mulund, Mumbai

                  Good work Kevin

                  No one is strong in front of law. Things has to be done legally to get rid of such bullish act done by builder.

                  They simply enjoys our hard earned money's interest.

                  Comment


                  • Re : US Open by Nirmal Lifestyle in Mulund, Mumbai

                    masterinvest; I received the 3rd podium DL.

                    Will post the pic soon
                    Last edited November 22 2015, 01:21 PM. Reason: User tagging.

                    Comment


                    • Re : US Open by Nirmal Lifestyle in Mulund, Mumbai

                      Please add me in the whatsgrp if anyone has found...i booked flat in Nirmal Game point.

                      Comment

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