Simoco Systems Infrastructure Solution Limited - Fraud case from a Real Estate Company

Date of this petition: *th November ****

Accused company:
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Simoco Systems & Infrastructure Solution Limited
Godrej Genesis Building (*nd Floor)
Block EP & GP, Sector V,
Salt Lake, Electronics Complex,
Kolkata – ******
Mobile - **********, ***********

Sales Executive in charge of communication:
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Smt. Shayanee Mukherjee,
who reports to Director Mr. Prosenjit Mukherjee,
having Same address and phone numbers as above

Agenda: Refund of the full amount of money paid to Simoco company in respect of booking of Flat No–*B, Floor No-*RD, Building No-*B**, Application No - ****** and Car Parking and the compensation for other losses

Customer: Sri Manish Bhaumik, Son of Late Mukunda Chandra Bhowmik , New Millennium Apartment, BD-***, Kamal park, Krishnapur, Kolkata-******

Sir,
I, Manish Bhaumik, son of Mukunda Chandra Bhowmik, residing at New Millennium Apartment, BD-***, Kamal Park, Rabindra Palli, Krishanpur, Landmark - Kala mandir, PS - Baguiati, PO - Prafulla Kanan, do hereby state as follows:
*. That after seeing the impressive advertisements and infrastructure of Sanhita housing project at Kashipur, Bhangar, Rajarhat. I visited their office at EP & GP block, Sector V, Salt Lake in the first quarter of **** and having all verbal assurances and promises and brochures, I booked a flat *B in *rd floor in building *B** (Under Precint-**) as well as a *-wheeler car parking. I got the allotment confirmation from them after making initial payment of INR *,**,***/- for which I have a receipt with me.
*. That subsequently on the **th day of April ****, I entered into an sale agreement for the said flat and car parking for a total consideration of **,**,***/-

*. That subsequently I paid INR *,**,***/- on **.**/**** vide cheque #****** from UBI, Sector-V branch (currently PNB)

*. That subsequently I paid INR **,***/- vide cheque number #****** dated **/**/**** from Syndicate bank, Salt Lake BB block branch

*. That in total I paid *,***,*** so far

*. That also I took a housing loan from UBI (currently PNB), Salt Lake, Sector-V to purchase the flat. I had to pay the housing loan interests to the bank due to that.

*. That the said agreement contained many points Interallied. There was a mention that the Simoco shall make best endeavors to deliver the possession of the flat/unit to the purchaser within ** months (means **th day ****) and a grace period of * months.

It was also mentioned that if the customer cancels the said agreement, there will be a **% deduction.
Also, there was a mention that if Simoco fails to offer the possession of the said flat/unit to the purchaser, a compensation calculated at the rate of INR */- per square feet of the super build-up area for every month of delay thereafter until the actual date fixed by Simoco for handing over possession of the said flat/unit to the purchaser.
But Simoco could not fix the actual date for delivery yet.
So that penalty should be paid to me too.

*. That in the meantime, due to my work pressure, I could not visit their site frequently, but talked to them over phone many times. They assured me that the project was more or less completed. But surprisingly when I visited their site in the end of ****, I found that the only foundation was completed and after enquiry from people I met there, I came to know that the project was stopped and was in abandoned state.

*. That feeling shattered and dissatisfied, I immediately contacted their office, seeking the refund of the money I paid to them as well as bank interests and as well as some compensation that I claim for being affected health-wise, heart-wise, mind-wise, and career-wise. I am taking medicine foo weakness, insomnia, tension, and trauma. Surprisingly when I talked to Smt. S. Mukherjee over phone, she tried to stop the refund by offering me a substitute flat which is again not complete. But I rejected the offer summarily since that was not the flat of my choice and incomplete.

**. That thereafter my advocate sent a notice to them dated **/**/****. So almost ** days gone after that. They have not replied to the notice yet. But they verbally told that they need *-* months for their refund process to complete and they will refund after **% deduction only.

**. That I agree that Kovid-** started in India nearly March ****. But their work was ongoing during that period also. They confirmed me that over phone. Also, they delivered their flats/units during Kovid-**. So that should not be an excuse.

**. That also they have made false commitments to customers through advertisements, verbal assurances and promises and brochures which is a crime indeed

**. Therefore, Sir, I request you to do the needful to file a case against them and get me the refund and compensation for my monetary and other losses.

Thanking you
I remain, Sir
Manish Bhaumik
Mobile: +************
Email - manishbhaumik*@gmail.com, bhaumikmanish@rediffmail.com