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Maple Aapla Ghar Ambegaon Annexe in Khed Shivapur, Pune : Issues

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Maple Aapla Ghar Ambegaon Annexe in Khed Shivapur, Pune : Issues

Last updated: January 3 2019
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  • Maple Aapla Ghar Ambegaon Annexe in Khed Shivapur, Pune : Issues

    Hello,

    My name is Swapnil.

    I purchased flat in Maple Buildcon's 'Aapla Ghar Ambegaon Annexe' (RERA no: P52100008761)(Building B4, Floor xxth, Flat No. xxx) project under 'Jan Ghar Yojana' in August 2015. (Brief about 'Jan Ghar Yojana': Pay 6000/month till possession of flat.)

    Since the scheme looks lucrative, I made the booking. Later I decided to opt out of 'Jan Ghar Yojana'.

    My agreement of sale was suppose to happen on 7th January 2016. I asked softcopy of agreement on 6th January 2016. Maple's executive shared same, late in evening. Unfortunately my lawyer was busy on next day, so I didn't went to agreement on 7th January 2016. I checked the agreement by myself & found that, there is a mismatch between payment schedule mentioned in agreement to payment schedule at time of booking.

    Payment schedule mentioned in agreement: 10% payment before signing agreement, 25% payment from registeration, 15% on commencement of excavation, 10% on commencement of plinth, 10% on commencement of 1st slab, 10% on commencement of 3rd slab, 5% on commencement of 5th slab, 5% on commencement of brick work, 5% on commencement of flooring, 5% on possession have to made.

    Payment schedule at time of booking: 20% payment within 30 days of booking, 15% on commencement of plinth, 10% on commencement of 1st slab, 10% on commencement of 3rd slab, 10% on commencement of 5th slab, 10% on commencement of 7th slab, 10% on commencement of brick work, 10% on commencement of flooring, 5% on possession have to made.

    I notified them by mail that, payment schedule in agreement should be the same which was there at time of flat booking. On same day Maple's executive called me & said "Please come for the agreement. We will discuss there". I went to agreement & discussed with Maple's executive. Executive said "Payment schedule mentioned in agreement is for those who opted 'Jan Ghar Yojana'. Our agreement format remains common for all. You please proceed with agreement. We will later check with management & will adjust internally". By keeping faith on executive's words, I made an agreement on 8th January 2016.

    When I went to Maple's office to collect agreement, Maple's executive handed me demand letter as per payment schedule in agreement. Since I was against the payment schedule in agreement, as per Maple's executive advice, I drafted application for allowance of payment as per payment schedule which was there at time of booking & dropped mail to Maple's management on 17th January 2016. Maple's management replied to my mail on 22nd January 2018, that they initated the demands as per payment schedule in my application & henceforth I will receive demand as per payment schedule in my application. Since I already made 20% of payment & plinth work haven't started, I did not made any payment.

    Later I got demand letter from Maple for plinth with payment as per agreement payment schedule. When I reached Maple's office & notified them about approved payment schedule by them, Maple's executive asked me to submit new application. I submitted the new application & it was approved by MD of Maple group, in which I will have to pay 10% on booking, 10% on commencement of plinth work, 10% on commencement of 1st slab & so on. As I already paid 20% amount as per previous schedule, they are OK with that & told me not to pay any amount.

    In April 2017, I got demand letter from Maple for 1st slab with payment as per agreement payment schedule. When notified, Maple's executive asked to visit office. I notified them that, as per approval from MD, I will have to pay only 10% amount. They agreed & I paid 10% amount.

    On immediate next month, I again got demand letter from Maple to pay additional 15% adhering to agreement payment schedule. Post visiting office, Maple's executive told me that, project came in RERA. Payment schedule which was approved by Sharad sir is no more valid & I will have to pay 15% more. I told them that it's subjective & part of model agreement. But they are not ready to listen. I clearly told them show the progress in project & I will made the payment.

    Till date they are countinuously sending demand letter as per payment schedule in agreement but project progress is 0. Even sent me notice to take legal action against me. During booking time (August 2015) & later as per agreement (done on January 2016), I was suppose to get possession in 36 months. But as per the update I received from promoters executive, there is no way by which, I will get the possession of my flat in January 2019. Revised possession date is year 2022.

    As per agreement's cancellation clause, If I cancel the agreement I will lose 20% amount & remaing amout will be return by developer when that particular unit is sold to someone else & they get amount from them.

    Please confirm if I approach RERA & if RERA instruct to cancel agreement with refund, will I be able to suffer loss due to cancellation agreement?

    Thanks,

    Swapnil
    Last edited December 28 2018, 12:28 PM. Reason: Personal information
  • #2

    #2

    Re : Maple Aapla Ghar Ambegaon Annexe in Khed Shivapur, Pune : Issues

    I think it would be good to approch consumer court ASAP..

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