Hi Guys,

Please help me and guide if there is any legal way to address my issue.

I had booked 2 flats in Green Hive project in Phursungi. I had combined the 2 flats and wanted to make a 2 BHK of it.
I had booked it in April 2011. Had booked it on 9th floor.

The builder Ram India Group is a BIG cheat. While booking I had clarified that I will take home loan from SBI, HDFC or AXIS. He said not a issue and I booked the flat. Also he had promised that the flat will be complete in 1 year i.e. April 2012.

After making the booking amount I was constantly behind him to make the agreement of flat. He was however always delaying it saying wil do next month and all. Always he was doing it. In December, it was announced that now the Stamp Duty and Registration will not be covered in the loan amount. Now i was behind him everyday to make the agreement. I told him this scenario abt Stamp duty and Registration. He said he will wave off this amount. Now my patience was off. I decided to cancel my flat. When I told him this he said that permission of building flat on the 9th floor has not been granted yet. He said originally it was going to be a 7floor building but later they decided to make it a 9flooor building.

Such a CHEAT man. He didnt told me anything regarding this while booking. I really wanted to cancel the flat now. However, I was also thinking about the rising real estate prices. I had booked the 2BHK flat for only 20lacs including parking. I was sure I wont get such a deal anywhere. Besides phursungi was going to come in PMC limits as well. The builder said wait for 2 weeks and we will do you agreement. I decided now I have waited so much I might wait for 2 weeks as well.

After 2 weeks he called and said the agreement is ready. So i went to do it. I asked him about the wave off he had mentioned on Stamp and registration. He said he wont wave off. I argued with him but he didnt listened. I was kinda pissed off on this but I decided to let go.

I had mentioned some changes in my flat. while booking he had said he will do all changes. Now he was saying he cant do any changes. Also he was telling me to take loan from LIC, Cosmos and all. When I asked about Axis, HDfc. He said they dont give home loans to this project.

What a cheat. I swear. I wasted 1.5 years on this whole thing.
I cancelled my flat and demanded my booking amount of 2 lacs. He said he will give me few days.

I am constatly behind him and he is just promising to give. Now he is saying if any other person decides to buy the flat which I had booked then he will return my money. What CRAP man. Earlier he was boosting that he has projects of 500 crores and all. And he cant pay even 2 lacs now.

I really dont know what to do. I am very sick and tired and now there is no patience at all. NEVER EVER BUY FROM RAM INDIA GROUP.

Can you guys please suggest if I can take any legal approach. Please help.
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  • Cheating by builder

    Your case is simply a case of cheating. Consult an advocate and file an FIR in the nearest police station against the builder for cheating. He simply has taken two lakhs from you in the name of flat transaction and from facts narrated by you , he has evaded his part of the duty.
    Give him a written demand and then move the civil police against him. Preserve all documentation,including the receipt. Keep adequate photostat copies of the receipt.
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  • All are Same!!

    Originally Posted by bechkam7
    Hi Guys,

    Please help me and guide if there is any legal way to address my issue.

    I had booked 2 flats in Green Hive project in Phursungi. I had combined the 2 flats and wanted to make a 2 BHK of it.
    I had booked it in April 2011. Had booked it on 9th floor.

    The builder Ram India Group is a BIG cheat. While booking I had clarified that I will take home loan from SBI, HDFC or AXIS. He said not a issue and I booked the flat. Also he had promised that the flat will be complete in 1 year i.e. April 2012.

    After making the booking amount I was constantly behind him to make the agreement of flat. He was however always delaying it saying wil do next month and all. Always he was doing it. In December, it was announced that now the Stamp Duty and Registration will not be covered in the loan amount. Now i was behind him everyday to make the agreement. I told him this scenario abt Stamp duty and Registration. He said he will wave off this amount. Now my patience was off. I decided to cancel my flat. When I told him this he said that permission of building flat on the 9th floor has not been granted yet. He said originally it was going to be a 7floor building but later they decided to make it a 9flooor building.

    Such a CHEAT man. He didnt told me anything regarding this while booking. I really wanted to cancel the flat now. However, I was also thinking about the rising real estate prices. I had booked the 2BHK flat for only 20lacs including parking. I was sure I wont get such a deal anywhere. Besides phursungi was going to come in PMC limits as well. The builder said wait for 2 weeks and we will do you agreement. I decided now I have waited so much I might wait for 2 weeks as well.

    After 2 weeks he called and said the agreement is ready. So i went to do it. I asked him about the wave off he had mentioned on Stamp and registration. He said he wont wave off. I argued with him but he didnt listened. I was kinda pissed off on this but I decided to let go.

    I had mentioned some changes in my flat. while booking he had said he will do all changes. Now he was saying he cant do any changes. Also he was telling me to take loan from LIC, Cosmos and all. When I asked about Axis, HDfc. He said they dont give home loans to this project.

    What a cheat. I swear. I wasted 1.5 years on this whole thing.
    I cancelled my flat and demanded my booking amount of 2 lacs. He said he will give me few days.

    I am constatly behind him and he is just promising to give. Now he is saying if any other person decides to buy the flat which I had booked then he will return my money. What CRAP man. Earlier he was boosting that he has projects of 500 crores and all. And he cant pay even 2 lacs now.

    I really dont know what to do. I am very sick and tired and now there is no patience at all. NEVER EVER BUY FROM RAM INDIA GROUP.

    Can you guys please suggest if I can take any legal approach. Please help.


    All are Same ....big or small - all builders are same - they promise a lot when u enquire and after u do the booking they don't have time to respond to ur queriy / request. It's the same story across all developers, across all cities in the world. Well, u make get a few good ones but those are rare and very few.

    I share your pain in this regards...my some observations are as follows:-

    01. Did u have Plan-B (another property) before cancelling Hive booking? U lost 1.5 yrs and opportunity cost - it surely is not easy to make-up this loss.

    02. Do u realise by cancelling the booking - developer has nothing to do loose while u have lost everything in the process - time (1.5 yrs), efforts of searching, opportunity loss - u r back to square one!!

    03. All developers take atleast minimum 3 months to refund the monies - it's simple they will luk for new buyer and once he/she makes the booking - they will use the monies for say 1-2 months and if ur persistent and lucky then refund u. All developers do this - big or small !!

    04. As regards home loan part - well, did u check with SBI or ur banker? Did they refuse? Why did they refuse? Answers to this will definately give u insights on the status of the project. BTW, u can take loan from LIC now and on posession u cud shift to SBI or any other banker u want.

    05. In ur case, the developer has persmission for 7th floor and not till 9th floor - this is a common practise in real estate world - in many cases i know off, developer has CC upto plinth but they have taken bookings for higher floors. CC is received as the work progresses - not sure but there is some method in this madness - did u chk with any one in real estate world of this reality? I personally think permission upto 7th is real gud job of ur developer.

    06. As regards developer not ready to make necessary changes in the apt - well, u cud have engaged a gud interior designer and done a better job urself while the property was getting constructed. I think u made some savings in flat cost - right ? Spend some of that savings on customization of the flat.

    Anyways, i sincerely propose for ur better long term prospects to re-think on flat cancellation. Speak to developer and see if u can reverse it!!

    What's the gurantee that the next developer will be better than this one - All are same !!!

    All the Best !!

    Disclaimer:- I have nothing to do with RE world or this developer etc - i just want u NOT to lose an opportunity just for few points which don't matter in long term.
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  • Don't worry unfortunately this happens with lot of people

    Originally Posted by bechkam7
    Hi Guys,

    Please help me and guide if there is any legal way to address my issue.



    Hi bechkam7,

    You have concrete ground to take legal action against the builder. However I'm completely agree with Sakelkar.

    I could see or assume some positive points in your deal. Can you elaborate your scenario further based on below points:

    1. How is the construction progress so far till 7th floor? how do you feel about his construction quality so far? Is the builder trust worthy to complete building at least till 7th floor?

    2. Is builder genuine in not doing agreement? you will need to find out (from registration office, taking some contacts from his staff, etc) whether he has done agreement in time with other buyers who has bought till 7th floor? and only yours and others who booked on higher floor are facing this issue because he has not got approval? if he has cheated others as well then just forget about this deal and take every action to get your 2 lacs back.

    2. Sanctions till 7th floor and booking till 11th floor is unfortunately common practice. The positive for you is so far you have paid only 2 lacs as against other people had paid after every slab/milestone and stamp duty + reg. So you have saved on interest as well to some extent. Assuming he has done construction till 7th floor.

    Here important point is, builder has been waiting for sanction till 9th floor for last 1.5 yrs which sounds risky to me on how much more time it will take for him. Do check surrounding area for completed or under construction schemes whether they have got construction till 11th floor or not. If in that area buildings are already constructed till 11th floor then there is no reason for this builder for not getting sanction. The best person to help you in all this is Architect. Try to first get advice from architect of same project and find out possibility of getting sanction in view of consumed/available FSI and verify that with your known architect and for this you will need to get copy of blue print of sanction plan. any existing customer can help you in this case.

    3. If you are not interested in taking above steps then the last and best option according to me is to check availability of lower floor flat(below 8) in same or other building for which agreement can be done immediately. however you have to request him for giving same rate in which you had booked previously and you should be positive about construction progress and quality.


    I hope this will help you in taking right decision. Doing cancellation and getting refund should be last choice especially when you have invested 1.5 yrs as taking booking in another project going to cost you 20-30% more and time cost(which will be unknown).
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  • Originally Posted by simsagar
    It's the same story across all developers, across all cities in the world.


    DO NOT GENERALIZE THIS. THIS IS NOT TRUE...DON'T COMPARE DEVELOPERS FROM INDIA TO THE WORLD.


    there are still good numbers of countries where you will find good developers...
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  • Simsagar
    I really like the way you sensed the situation

    to the OP!
    Try to solve the issue by negotiating with builder rather than cancelling your flats as it will not be as benefit to you , sometimes we need to dump our Ego in situations like this
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  • Originally Posted by truptid
    DO NOT GENERALIZE THIS. THIS IS NOT TRUE...DON'T COMPARE DEVELOPERS FROM INDIA TO THE WORLD.


    there are still good numbers of countries where you will find good developers...


    Hello @truptid,
    I am referring to countries where the supply-demand gaps is large (like India) and not like USA where supply is more than demand hence we had the mortgage-bust situation in Y2008.

    Check developing countries like China, Brazil, Thailand etc - it's the same story..
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  • cheating builder

    Originally Posted by sripallu
    Simsagar
    I really like the way you sensed the situation

    to the OP!
    Try to solve the issue by negotiating with builder rather than cancelling your flats as it will not be as benefit to you , sometimes we need to dump our Ego in situations like this

    Simsagar has summed the situation well.
    But I would not accept the situation of having to plead with the builder for what is normal and accepted under the law. The builder is cheating as read from the facts presented.In his place no doubt about losses and waste of time,but acceptance of this unethical conduct is a big no and needs legal challenge.Delays may be there in judicial system but we have to bite the bullet.Builders deal in this fashion,knowing fully well that buyers will not take legal help due to delays.But we have to go legal or get taken for a ride. This is my Personal opinion and i would have filed a FIR against eh builder and a suit for compensation and recovery of dues with interest.
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  • It's not pleading but thinking in self interest!!

    Originally Posted by vaibav123
    Simsagar has summed the situation well.
    But I would not accept the situation of having to plead with the builder for what is normal and accepted under the law. The builder is cheating as read from the facts presented.In his place no doubt about losses and waste of time,but acceptance of this unethical conduct is a big no and needs legal challenge.Delays may be there in judicial system but we have to bite the bullet.Builders deal in this fashion,knowing fully well that buyers will not take legal help due to delays.But we have to go legal or get taken for a ride. This is my Personal opinion and i would have filed a FIR against eh builder and a suit for compensation and recovery of dues with interest.


    First and foremost, we all are assuming that "beckham7" is oppressed party - i sicnerely think it's issue of perception - agree the builder has delayed registration, gone back on his verbal promise to make changes in flat etc or the CC is only till 7th and not for the said 9th floor. These are every day challenges in the RE world - nothign new - buyers need to to be patient.

    @AaplaAbahri79 - did mention some good points like checking locality for CC given, num of floors etc or checkign with sub-register office etc

    Ironically, as buyers we want a "world-class" quality 3BHK (in 2BHK rate) in 5-10 towers complex to be constructed quickly with no delivery delays in the best social infra location with all possible amenties and builder shud not charge "premium" for the product plus give free covered parking etc etc - tell me are there any free lunches?

    I am not siding the developer but what "becham7" is doing is purchasing 2 flats of 1BHK each and then customizing them - well, legally this is not allowed - u can't make structural changes to the approved plans else the OC will become an issue on completion.

    Also, those developers who "agree" to customize flats make the buyer pay for the civil changes plus architect fees etc - nothing comes free !!!

    Now, what's the primary goal of becham7?
    Buy a home for self or fight legally or otherwise with the developer?

    I personally think, FIR, taking legal action, send notices etc are all ways & means to "support" lawyer's income - i wud rather spend my time and money in the primary goal of getting a home. I don't wish to "feed" lawyer and spend time in courts or police station etc

    Personally, i think becham7 to speak to developer and luk for alternatives (another floor or another project etc ) or talk to him nicely to get the monies back - FIR, police station, customer forums etc are meaningless.

    BTW, beckham7 has some (perception) issues with developer and it is meaningful to sort it out mutually rather than create third-party angle (and de-focus on the primary goal).

    Regards
    SS
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  • Thanks!!

    Originally Posted by sripallu
    Simsagar
    I really like the way you sensed the situation

    to the OP!
    Try to solve the issue by negotiating with builder rather than cancelling your flats as it will not be as benefit to you , sometimes we need to dump our Ego in situations like this


    Thanks - i am glad to know that u liked my thinking process - initially i thought my comments wud seem feeble and conservative hence hestitant to post-it.

    But then i posted what i thot was "right" thing to do

    regards
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  • Originally Posted by simsagar
    Thanks - i am glad to know that u liked my thinking process - initially i thought my comments wud seem feeble and conservative hence hestitant to post-it.

    But then i posted what i thot was "right" thing to do

    regards


    Freedom of Speech is fundamental right according to Article 19

    we should speak , rather than thinking what someone else will think !!
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  • Green Hive Cheating..

    Dear friends,
    Unfortunately I'm another buyer for one studio flat from Ram mittal group, pune.
    I'm awaiting possession since april 2012 and kept calling them untill now. I've already paid 90% of flat ammount and done registration also. they are just calling to pay balance 10% ammount.
    Please guide me on following.
    1. Can claim for delayed possession?
    2. Can I sell flat b4 possession?

    please guide me
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  • simsagar

    Yes i totally agree that I lost 1.5 years and i was really mad that I really didnt did much research about project and builder. The construction quality I also never checked in depth. I was only attracted to the price. And I also agree that i have litearlly wasted all my efforts in everything.
    However, I have realised my mistake. better late than never :)
    But seriously this project and builder both suck big time...I came to know afterwards that there are some issues on the land as well now. The builder and the land owner have some agreement it seems on profit. They had some fight on that and the construction had stopped completely. Even now the condition is still the same. The builder is saying in 6 months he will give flat but I can assure you he will give in 2015. The construction is super slow man. He got permission from MSEB now.
    And the construction quality is also not up to the mark. I took my father's friend out there who works in construction buisness and he pointed to some points.
    Regarding bank loan also, what he had promise was all lies. Only co-operative banks give loan. Why did he lied to us that all banks give loan.

    Overall the experince delaing with this guy/project has been really really frustating. What's the point if the flat which I am taking is having so many issue and so many delays.

    I really appreciate and thank you for all your detailed explanation and giving good guidance.
    But seriously I and my family are super fed up.

    I went away and have cancelled the flat.
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  • simsagar

    One more thing. The flat which i combined is not illegal.
    The builder took permission for combing the flat and took proper approval.
    Like me, many have done that.

    Also, you mentined what is my goal.
    Ofcourse it is to buy a flat and stay peacefully but not at the expenses of this.

    I really have learned a good lesson and will dig up deep before buying flat now. Right from construction quality, builder reputation and ofcourse feedback from all you guys.

    I really feel bad for all the guys who have booked flat in this proejct. When I had visited to meet there director, there were 2 couples and 1 family which had came to meet the builder. One had paid 90% of the amount and other two had paid 100%.
    All of them were discussing same thing. possesion. The family was even that they are fine staying in the underconstruction flat as long as there is water and electricity.
    Like, really guys i was feeling very bad for them. I am 28 and quite young. But these guys with children and parents having go through this is really bad.

    Neways, again I will thank for all the feedback.
    But, my and my family decision is final and we are glad that we cancelled the flat.
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  • All,

    Now is my update on refund.

    The builder promised me to give 1 lac in december. But on 30th dec when I called him, he said that RBI rules are changed for cheques and he will have to reissue the cheque. He said it will take 2 weeks. and I knew it will be atleast 1 month, But no he took 3 months to give the cheque. such an ****** man. I swear. Does signing new checks take 3 months?? crazy man.
    And I was like madly behind him. I made calls everyday. Visited his office and shouted many times. My family also went and spoke to him.
    FINALLY he gives 1 lac cheque in April. and guess what the cheque was dated 29 sept 2012. He had cancelled the cheque and he and his partner have resigned it. SUCH AN ***** ****** man.
    And heights, he has no money in his bank. He said he will call me when there is money. WTF man. I got impatient and said I am depoisting cheque tommorow. He immd transeferred 1 lac in his account and I got 1 lac atleast.

    One more thing
    I made complaints to Credai. and I learned its useless complaing there. These guys never help.

    Now for the remaing 1 lac, the builder is again giving all sorts of crap reasons and is not listening.
    The crap reason being I had given you 2 cheques of 50K. Why the hell did you withdraw 1 lac. You were supposed to withdraw 50k in April and 50k in May. CMON man what kind of reason is this??????
    He just says you will get your money but I CANT SAY when.
    I am just totally fed up now. I have decided to file legal case even if I spend 10-20K on lawyer.

    I have few questions. Please help.
    1. Can I go to police station and file complaint against him? My office colleague told me that the police can call him and ask about the matter. If he is still giving issues, police issue a letter supporting legal case.
    I have no idea about this and hence I am asking.

    2. The project is a joint project between ram and mittal builders. So do I have to send legal cases to both of the builders? The thing is mittal says that they have invested money but everything is controlled by ram buildrs.

    3. Any guess on how long will it take to get this resolved in consumer court. I know for sure this builder will take atleast 6 months to give 1 lac back and that too If i everyday follow him. and really i dont have any patince not energy. Last time, i was so stressed out cause of all this that it had affected my health, work life and all. Those who have already filled complaints in courts can please comment.

    Thanks
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  • Lifeline32,

    Really sorry to hear your case. I have gone through the experience of dealing with these guys and its really super horrible.
    I was reading generally about legal approaches and guess what I came with an article whereing consumer court had penalised the same builders i.e. ram and mittal for delayed possession.

    Check this
    Real Estate company to compensate for delay on possession | Consumer Tadka

    I will suggest you also file a complaint on this. Even better, if you can collect few more flat owners somehow then this I guess will have some effect.
    The reason I said I guess is cause the director is super stubborn and doesnt give a damn about customers. He is only concerned with money.

    All the best
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