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Verification of legal and technical papers the only way to stop real estate fraud

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Verification of legal and technical papers the only way to stop real estate fraud

Last updated: June 8 2009
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  • Verification of legal and technical papers the only way to stop real estate fraud

    Let me introduce once again the plight of a common man (who wants his own dream house) in India. On one side we have the rich/corrupt industrialists, the corrupt builders and developers, and corrupt/non sense politicians (whom we are going to re-select once again to hand over our next five years) and on the other side its YOU, who is alone. Consider yourself in trouble as below -

    A. Unique Builders, Jaipur
    beware of unique builders my haveli Jaipur

    I am posting my personal experience of unehical functioning of the unique builders jaipur so that others do not fall in there trap. Ibooked 3 bhk flat in nov 07 and advance of rs 2.5 lakhs deposited in my haveli project. as per original promise construction to start in 3 months and complete in 36 months. howevr as on date after 15 months , the projects has not taken off, only lately foundataion of one of the five towers proposed has started. As per the information from Jaipur development authority, approval for other towers has not been obtained, and still money collected. On request for refund on account of delay they are forcibly deducting rs 50000 and asking for an affidavit agreeing to this. There senior officials even do not attned s and have no courtsey to call back on leaving the message. i have been trying to talk to concerned person mr koshal for last many weeks.

    please keep away from this bulider and project . this particular project is already controversial when govt withdrew earlier the permission. Any members who have booked flat in this scheme let us come together and make a forum like DLF consumers in Chennai and teach this group a lesson for this unethical practice.


    MTECH Developers, New Delhi

    pandit07
    Guest

    Posts: n/a
    mtech a fraud company

    Let me tell you of another similar case of M/s Mtech Developers in their projects in Bhiwadi.

    -They collected money for their Camellia projects and Mtech Heights in Bhiwadi 2 years back.

    -NO BANK has approved their project in Bhiwadi.Please speak to UTI BANK,SBI,BHW BIRLA at Gurgaon for their honest feedback on their projects.

    -They have collected 2 and even 3 instalments from people.

    -Star News ran a news item on their scam last
    year.

    -Several times their unauthorized hoardings and fencings have been destroyed by the bhiwadi authorities

    -Now TO ADD INSULT TO INJURY ...the developer is refusing to refund money to us investors,he says the dealer should give NOC, when you speak to their so-called dealers they are absconding or even pretend that they will give it when you meet them.When you try to meet them they make some pretence and abscond..IT IS HAND IN GLOVE ACTION OF DEVELOPERS AND DEALERS.

    Do not be fooled we a group of investors are interested in recording your similar stories and will take them to the cleaners.
    Please email YOUR GRIEVANCES TO mtech.fraudgmail.com


    D. Unitech Ltd, New Delhi

    Unitech booking canation

    Unitech is not honoring contract terms by caning the booking in a timely fashion. They are giving all kinds of excuses and trying to delay the canation process as much as possible. What are the options available to get a quick resolution ? I hear that others who have booked flats with Unitech are in the same boat -- unable to cancel the booking and get out of a bad situation.

    Sam

    E. DOSHI BUILDERS, Chennai

    doshi builders - want to cancel booking

    I had booked a flat in Tambaram Project under Doshi builders on in july after paying Rs 1lakh as the booking amount. Subsequently, I had paid another Rs 3lakhs in september which I was told is the installment amount to be paid so as to enter into a sale agreement with me for this contract.Though I called up lot of times for the same it was told to me that the preparation of sale agreement will take time. After the sale agreement was finalised I was supposed to apply for the loan amount and thus proceed with the project.

    I was working with Fidelity. I have lost my job now. I need to cancel the booking.
    I want to cancel my booking but my builder is saying I will lose 10% of the total amount i.e Rs 40,000. I am ok if I loose Rs 10,000. Can somebody advice how to go about this?

    continued ......
    47
    Yes, but before booking
    87.23%
    41
    Yes, but after booking
    6.38%
    3
    No
    0.00%
    0
    Can't say / Don't have any idea
    6.38%
    3

    The poll is expired.

    Last edited by udayan.giri; April 7 2009, 07:46 PM.
    udayan.giri
    trustedproperty
  • #2

    #2

    Re : Verification of legal and technical papers the only way to stop real estate fraud

    F. Ansals, New Delhi

    ashkapoor
    Guest

    Posts: n/a
    Poor Service By Ansals

    Ansals have been in the market for a very long time however the company does not seem to honour their own contracts and appears to be a a money greedy company.

    We bought a house on a corner plot and facing the garden, it costed extra however soon after it being build the corner plots has been sold to another party to construct another house and the garden in front is gone with the plots being sold off as well. It is disgusing to see a company like Ansals preform like this. When you make queries no one is interested all promise to call back but never do.

    With my experience I will never ever buy another Ansal property again. Their empire seems to have beeen build on walking over the contacts of others.

    I have bough various other properties from vatika : Unitech : DHL all of them are very professional and honour their contacts ; Ansals on the other had seem to be a law to themselves.

    MY ADVICE- STAY AWAY FROM ANSALS OR NEVER PAY ANYTHING EXTRA IF BUYING IT WILL NOT BE THERE WHEN YOU TAKE POSSESSION.


    G. Vian Infrastructure, Noida & Haridwar

    ="http://www.indianrealestateforum.com/members/rag-gupta-4747.html"]rag_gupta[/URL]
    Junior Member

    Join Date: Feb 2008
    Posts: 3
    Vian Infrastructure

    Hi
    I booked a plot in Vian Infrastructure in Royal Estates, Noida in December, 2007. I paid Rs. 20000 and Rs. 27500 as PDC. Thru internet, the very next day I got wind of this company that it's a fraud and very risky company, I blocked the PDC check.

    With great difficulty I submitted a letter for refund of my money. They are refusing to refund my money.

    What can I do to retrieve my from money from such companies?

    The PSG developers themselves, who have cheated hundred's of lacs of rupees have floated the company. If you see the director and M.D. they are all dummies and placed as puppets to hide the previous background of Vian investors.
    Many people duped by PSG developers have contacted and confirmed me about the background about Vian Infrastructure who have been researching and following this company since it's inception around 1.5 years back.
    This company website will tell you that they have vast experience in real estate development. But if see their team -- the Director which has a dubious 15 year experience in real estate, no mention of where he worked or what he did etc.

    This same company has been advertising that they are having running a project in Haridwar. When I found it's true location it turned out to be in Roorkee!

    Not only that it's draconian terms and conditions say that if any body does not pay any money as par of their two year instalment for two months all the money paid till now shall be forfeited by this company. They have been able to earn lot of money by this way.

    Also one should know about their bouncing of refund checks story!


    Can some body tell me what I can do in such circumstances?


    H. Nitishree, Delhi NCR

    ="http://www.indianrealestateforum.com/members/ajay978-19277.html"]ajay978[/URL]
    Junior Member

    Join Date: Jan 2009
    Posts: 1
    Plot allotment Nitishree Fraud

    Hi,
    I have bought a plot from Nitishree in Delhi/NCR region on NH-24 Highway in OCt 2005 in Pre-Launch. I have already paid about 45% of the plot value and it was promised that plot will be allotted in 2006 but so far there has been zero progress and they are not even refunding the money. There are various other people who have invested in Flats and they are already paying EMIs but as of now no construction has been done.
    Can some legal action be taken against the builder ? If yes what is the best way to file a case. I believe consumer court is one option but I am not aware how effective this will be.

    Can someone advise on this ?


    I. Omaxe, Noida

    Refund for Sec-112,NOIDA Omaxe Project



    I have deposited 6 Lacs as a booking amount for Sec-112, NOIDA Omaxe Galaxy project PRE LAUNCH Offer in May 2007. The company promised to launch the project in one year but did not do so. In Nov 2008 I asked company to refund the amount but they refused to do so saying they are now launching the project. But till date neither the project is launched nor the money is refunded instead they are asking more money without any work on the ground. The intension of the company appears to be malafied. I am planing to get the justice through legal battle. If anybody has same problem and intrested to get the refund please join the yahoogroup omaxerefundyahoogroups.com (Omaxe Galaxy Refund Legal Action Group) so that we can unite in our fight against Omaxe.

    continued.............
    udayan.giri
    trustedproperty

    Comment

    • #3

      #3

      Re : Verification of legal and technical papers the only way to stop real estate fraud

      J. Hindustan Buildwell, Mumbai


      sunny_cool


      Guest



      Posts: n/a


      Hindustan Buildwell Pvt. ltd. cheated me...



      I booked a plot in "Our Town" project in Mumbai near khardi station. I got offer letter from Hindustan Buildwell Pvt ltd regarding the possession of the plot after the last installment. But when i paid my last installment they told me that they can not give possession as there is some dispute going on. Hindustan Buildwell Pvt. ltd. told me to take money back.



      So, I visited the site to confirm but site work was going very well & people are getting possession. From site i came to know that "Hindustan Buildwell Pvt. ltd." don't have any connection with Our Town & those people were just promoting there site nearby through Our Town site. The price of "Our town" site has appreciated very well.



      What can I do now to fight with this fraud???



      Note : I don't have any stamp paper with me. Only company offer letter is with me mentioning the plot no.



      It actually doesn’t matter on which part of India, you may be. Builders and Developers have been and still fooling common man, at large. From Kashmir to Kanya Kumari and Mumbai to Agartala, we, the common man are being harassed, cheated, fooled and duped by these developers, who may be a petty builder to the most renowned developer (the above illustrations are to show some cases). Pre-launch and soft-launch are still prevailing although it has been strictly banned by Hon’ble Courts of India.

      Indian customers are also needed to be educated (atleast primary stage) about the different ways and means to get cheated by builders and ways and means of how to resists them.

      One of the technique, I suggest to all present and future customers is to see and verify legal documents pertaining to land and technical documents pertaining to the building or Apartment.

      Without going in more argument, its my request to every single visitor of the site to express their views independently and take part in the poll.

      Thank you,
      Last edited by udayan.giri; April 7 2009, 07:47 PM.
      udayan.giri
      trustedproperty

      Comment

      • #4

        #4

        Re : Verification of legal and technical papers the only way to stop real estate fraud

        Ya, surely.... u r right. BUt no builder/Developer shows their paper, whether they have or not. I was just going thru your another topic and its posts - ]http://www.indianrealestateforum.com/dlf/t-dlf-capital-green-4321.html#post17803[/URL]

        Its really a time we should have a regulator now. ]http://www.indianrealestateforum.com/real-estate-ethics/t-why-dont-we-have-any-regulatory-body-for-real-estate-4156.html[/URL]

        Now there are some questions -
        a) What are the papers - legal and technical?
        b)How can I confirm whether those are true copy or not
        c) Is there any organisation which impart education for general people regarding legalities and technicalities of a real estate sector?

        With addition to this I would like to add that with these builders and developers fooling common man, the middle man or brokers are no innocent people... they are equally poisonous as the builders/developers.

        So how can we get a remedy from these people also... as a whole from the real estate fraternity, please do the needful.

        Comment

        • #5

          #5

          Re : Verification of legal and technical papers the only way to stop real estate fraud

          you become a customer only after booking not before it.
          so per se the options are not right.

          pls reword your poll.

          if the question is same then legally the customer has a right to inspect the papers which is legislated under the consumer act.
          so what is the need for this poll.

          Comment

          • #6

            #6

            Re : Verification of legal and technical papers the only way to stop real estate fraud

            More clarification on the topic- customer rights

            Originally posted by abk View Post
            you become a customer only after booking not before it.
            so per se the options are not right.

            pls reword your poll.

            if the question is same then legally the customer has a right to inspect the papers which is legislated under the consumer act.
            so what is the need for this poll.
            Dear Mr ABK,

            I would rather advise you to study more about law and concepts, before making this type of comment in public . Here are some more additional information for the visitors for bringing more clarity in this subject (the poll and the thread).

            In India only, according to Consumer Act 1986, a consumer/customer (as universally both the words are consider synonymous; consult google definition) has the following rights -

            Right to Safety
            Right to be Informed
            Right to Choose
            Right to be heard
            Right to Seek redressal
            Right to Consumer Education

            Among these above, if we apply only the 2nd and 3rd law, a consumer has a right to see each and every paper pertaining to a plot or flat/apartment (before) he wants to buy. More precisely, please study the definition (as per Ministry of Consumer Affairs, Govt of India) as under -

            Right to be Informed : Means right to be informed about the quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices. Consumer should insist on getting all the information about the product or service before making a choice or a decision. This will enable him to act wisely and responsibly and also enable him to desist from falling prey to high pressure selling techniques.

            (for ref : ]http://www[/url]. fcamin.nic.in/Events/EventDetails.asp?EventId=140&Section=Consumer% 20Rights&ParentID=0&Parent=1&check=0)

            Regarding RTI act, all the legal and technical papers pertaining to a builder/developer are sanctioned from the local Govt. Authorities, therefore these papers all fall under RTI act. And this thread is not talking about any Builder's/Developer's personal papers, in any way

            Moreover if you have bought a shirt for yourself, can you illustrate an instance where you paid or have to pay first (at least a token amount) and then see the label, quality, size of you attire? Forget shirt, a book, a car, vegetables, any thing you can remember. please let me know. I’ll be delighted to gain knowledge.


            If the answers of the above are NO, then why is this bottleneck in real estate sector. Do this sector follow the rules of some foreign land beyond our planet? or you meant to say those who buy houses are customers but others who buy shirt, , vegetables are not customers ????
            Last edited by udayan.giri; April 9 2009, 08:06 PM.
            udayan.giri
            trustedproperty

            Comment

            • #7

              #7

              Re : Verification of legal and technical papers the only way to stop real estate fraud

              Originally posted by abk View Post
              you become a customer only after booking not before it.
              so per se the options are not right.

              pls reword your poll.

              if the question is same then legally the customer has a right to inspect the papers which is legislated under the consumer act.
              so what is the need for this poll.
              Instead of doing a deep analysis on the semantics of this post, maybe you wanna concentrate on the real matter?

              Comment

              • #8

                #8

                Re : Verification of legal and technical papers the only way to stop real estate fraud

                Abk

                Hi everybody,

                The thread started by Udain creating good debat on verifcation of document.

                I would like to give my opnion on ABK remarks,

                Well If I booked a flat and after booking I come to know that there are some defeact in property, then who will be responsible for it.

                Well gentalman all the document which have been filed with any govt. department come in the preview of RTI and the developer should voluntary disclose the information to the customer to increase the confidence.

                If I am developing a project then I would love to put legal & other infromation for general public.

                Comment

                • #9

                  #9

                  Re : Verification of legal and technical papers the only way to stop real estate fraud

                  Dear friend,

                  RTI ( right to information ) Act right now apply only to Govt. depts. PSUs etc. and not for Private Sector.

                  ks2071746

                  Comment

                  • #10

                    #10

                    Re : Verification of legal and technical papers the only way to stop real estate fraud

                    Originally posted by Sami Khan View Post
                    Hi everybody,

                    The thread started by Udain creating good debat on verifcation of document.

                    I would like to give my opnion on ABK remarks,

                    Well If I booked a flat and after booking I come to know that there are some defeact in property, then who will be responsible for it.

                    Well gentalman all the document which have been filed with any govt. department come in the preview of RTI and the developer should voluntary disclose the information to the customer to increase the confidence.

                    If I am developing a project then I would love to put legal & other infromation for general public.
                    sami khan i am not opposing on the need to check before booking, the phrasing of the poll is "verifying by RE customer".
                    in my previous posts i have unequivocally have said not to pay a penny before
                    checking the papers. we should also do the following

                    1) take a set of papers and get our own legal opinion
                    2)after green from your lawyer get an upto date EC
                    3)check the revenue records from the VAO(very important)
                    4) before paying the advance insist on seeing the originals too.

                    whatever be the previous record of the builder check the same.

                    Comment

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