I want to highlight how innocent people get cheated when they buy an apartment with the hope on living in it. The case is of Central Park 2 on Sohna Road, Gurgaon.
1. The builder launched a project showing 29 towers in 47.5 acres of land with open space of 20 acres. Towers 1 to 9 were launched 200, in early 2005 builder collected first installment and sent a "Draft" Apartment Buyer Agreement which promised that construction will be done in 36 months from start.
2. Builder took another installment for completion of excavation in 2006 but did not start the actual construction. the final apartment buyer agreement was only signed in 2007. This time, the builder quietly changed some clauses and drawings in the agreement.
3. In Setp 2010, builder received completion certificate for tower 1 to 9 from govt authorities. When possession was issued, owners started realizing that they had been cheated in the following ways:
a. Escalation charges of Rs. 8 lakhs had been imposed despite the delay.
b. Prime Location charge of Rs. 7.5 lakhs were applicable in 2 out of 3 apartments in each floor as they were facing the central 20 acre garden. The garden was not made, instead builder made a wall around towers 1 to 9 and separated them. Now - what was supposed to be a 47 acre project is only 10 acres.
c. clubhouse charges of Rs. 1 lakh was imposed but no clubhouse was constructed as shown. instead, builder made two room on rooftop of two buildings and said this is the clubhouse. How can that be clubhouse? 400 people paid 1 lakh each so 4 crores for two small rooms?
d. Apartment buyer agreement said builder would pay penalty for delay in possession Rs. 5 per sq ft for delay beyond 36 months. While actual delay was for over 35 months, builder gave penalty only for 5 months.
e. Promised facilities like nursery school, swimming pool etc were also removed without informing me.
f. Super area has been increased by over 100 Sq Ft by adding external building and rooftop rooms etc to the area.
I have estimated that my total compensation claim for damages for this apartment would be around Rs. 35 lakhs from the builder so I have filed a case against thee builder and my lawyer has assured that soon a stay order will stop the builder from selling any more property in the project.
For the 400 apartment owners, builder has done a scam of over 140 crores.
I hope everyone is aware before buying such property
Gupta ji hats off to you for your action. If all consumers start taking actions like this for the frauds done by the builders, they will definitely stop these kind of practices. I wish Govt could act fast and start watching these builders with proper regulation in place but we know it's India where Netaj themselves are involved in scams
This is indeed a good step. I morally support you although not part of this project. I would request you to submit a RTI also with DTCP with regards to approved plans with super area, modification etc. for your documentary proof.
Other CP 2 users, please join together for favouable results
All said and done, its a appreciable act but forget getting any justice in a short term....that's how our judiciary works.
Be prepared for couple of years (5-8 yrs) to get any kind of judgement.
A stay however is easy to get but builder will put a litigation that your Petition is going to affect 399 other residents therefore you need to gather more people with you who own apartments in this community.
(This is purely my personal opinion and should not be considered a legal advice - consult your lawyer for same).
Also, correct me if I am wrong - but isn't it true that most of the so called one sided Builder-Buyer agreements come with a clause which clearly states that things are subject to change and you cannot really go legal ??
Court Orders FIR Against Parsvnath Builders
By ugesh sarkar, Section Gurgaon Real Estate Property
Posted on Wed Feb 23, 2011 at 11:21:36 PM EST
In an order passed on Tuesday, the additional chief judicial magistrate (ACJM) directed the police to file an FIR against Parsvnath Developers.
ACJM AB Singh passed the order because of an application filed by a man named Manish Mittal who said the flat that the builders gave him possession of was not like the sample shown.
However, till Wednesday evening, the police had not lodged the first information report. "We have not received the court order yet," said Subhash Chand Tyagi, the in-charge at Noida Phase 2 police station.
According to Mittal, his flat in the builder's Sector 93A was was not like the sample flat.
When he filed an RTI application for information, the chief architect planner (CAP) refused to provide it. The court also made the CAP an accused
Thank you everyone for your support. I have realized a few things which I hope will be useful to you all real estate investors:
a. Filing a legal case is very easy, you just have to find a good lawyer, negotiate his price and hand him all the documents.
b. As a buyer, you MUST keep all brochures, photographs, contracts, draft contracts and every single paper of the apartment from the time you invest in it.
c. You are never alone, if there are 400 flat owners, whatever problems you have will be there for other flat owners also. they will not object to your filing the case if it is for financial compensation, in fact many people are already coming together now to join the case.
d. A case only costs between 25000 to 1 lakh while the compensation is over 15 lakhs. It makes sense to file the case. In any case, you will at least get back your money if you have a genuine grouse.
e. A good lawyer will tell you the following:
1. Even if you have signed a one sided contract, you are not at fault and builder can be punished for creating a one sided contract.
2. Consumer courts give final orders in 2 to 3 years time. It makes sense for few people to come together and make the value of claim from builder above Rs. 1 cr. Then you can approach the National Consumer forum directly and will get faster and better results.
Luckily, in the case of Central Park 2, residents have also formed an association called Central Park II Residents Welfare Association - www.cp2rwa.org. I have approached the association members and found that many people want to or are in the process of filing similar cases. My lawyer is now working with them to form a joint action litigation and raise the matter to National Consumer court.'
If you know anyone who has a property in CP2, please ask them to join the fight