EMAAR GOMTI GREENS LUCKNOW - Froud in booking of plot

Sir,
I have booked a residential plot in the housing scheme of Emaar MGF Land Limited, Gomti Greens, Gomti Nagar Extension, Sector - *, Amar Shaheed Path, Lucknow. The details of plot are mentioned below.

Plot no.GGP-G-G**/**
Size of plot ***.** sq.yd.
Total cost of plot **,**,***.

Confirmation email dated **.**.**** is also attached here with for your ready reference.

Loan amount of rupees ** lakh was also approved by HDFC bank for the above mentioned plot.

I will narrate you events occured during last one year so that you can understand my case.

For few months, we were enquiring about avilable plots in Emaar gomti green from Mr. Harshit Bajpai. On **.**.**** he told that new units will be available very soon and he have asked to forward photo of the application form alongwith cheque which we are going to submit for booking of new unit through whatsapp ( snapshot of whatsapp dated **/**/** is attached) as you can clearly see cheque no. ******. On **.**.****, Mr. Harshit Bajpai told that two units are available in sector G i.e. G*/** and G*/**. When we reached gomti greens sales office around *:** PM ( I remember this day as it was Muhrram). Mr. Harshit Bajpai again changed his statement and told that G*/** is sold out and G*/** is only available. We have a completed application form( attached AADHAAR and PAN copy signed by us)and have given a cheque no. ****** without date. Plot no. G*/** is also written on backside of cheque. Confirmation email from Mr. Harshit Bajpai was received on **.**.****. Via return email Confirmation was given to proceed for cheque clearance. The cheque was dispatched to bank on **.**.****. The cheque was cleared by **: ** AM on **.**.****.

After a week when welcome call was not given to us. I have called Gomti Greens Executive Mr. Akash Agarwal, he told me not to worry as Emaar have received booking amount and your details were entered in our system And you will get welcome call within one week.

In *nd week of October **, we have gone to Emaar to see our plot (G*/**). We have met Mr. Harshit Bajpai and have enquired about status of our plot. He told that plot have some legal issues and it can take more than six months to resolve. He also suggested us to give another cheque for fresh booking of plot in sector G. He also added that when your fresh booking will be confirmed, he will get booking amount of G*/** refunded. So, we have given a cheque of rupees * Lakh in name of Emaar mgf Land limited A/c gomti greens to Mr. Harshit Bajpai.

On **.**.**** Mr. Harshit Bajpai called Mr. Pramod Verma and asked him to visit Emaar sales office as he had some urgent work. When Mr. Pramod Verma reached Emaar office Mr. Harshit Bajpai informed him that new units have came and aksed him to choose the unit. Mr. Pramod Verma have selected plot no. F*/*A. Mr. Harshit Bajpai told that he will give this unit at rate of rupees ***** / sq.yd. (copy enclosed in his handwriting).

Mr. Harshit Bajpai informed Mr. Pramod Verma that in past you have given cheques to me, so you will be knowing advance cheque is required for booking of a plot in Emaar gomti greens. Mr. Harshit Bajpai told that he have a relative named Mr. Anupam Bajpai from Kanpur, who wants to book a plot in sector A in Emaar gomti greens as he is old, he can not urgently come to Lucknow as booking cheque may be urgently required by tomorrow. Mr. Harshit Bajpai added that if he give his cheque to Mr. Anupam Bajpai it will be difficult for him to ask for his money in future as Mr. Anupam Bajpai is his relative.

Mr. Harshit Bajpai remind Mr. Pramod Verma that he is having Pramod Verma's cheque of rupees * lakh which was given for booking of fresh plot in sector G and requested him to give permission to use his cheque for booking of plot of his relative (Mr. Anupam Bajpai) in sector A. He also added that only booking will be done by Mr. Pramod Verma's cheque and remaining amount will be paid by Mr. Anupam Bajpai, the booking amount will also be immediately transferred in Mr. Pramod Verma account through RTGS. Mr. Pramod Verma have agreed to this. Mr. Harshit Bajpai have called his relative and asked him to transfer the amount.

Subsequently Mr. Harshit Bajpai have asked Mr. Pramod Verma to write a covering letter (matter for which was already prepared by him), on A* size paper and told not to put date. At that time physical cheque was not available with Mr. Harshit Bajpai, so he have shown photo of cheque form his mobile for writing the cheque details on that letter.

Signature was made after it was confirmed that * lakh was received in account of Mr. Pramod Verma. The same can be confirmed form CCTV recording of sales office (club) gomti greens Lucknow on **.**.**** between *: ** PM to *: ** PM the copy of covering letter was never given to Mr. Pramod Verma.

Amount of rupees * lakh was maintained for nearly two months in the account of Mr. Pramod Verma but no money was deducted. It was asked to Mr. Harshit Bajpai why amount of rupees * lakh is not been deducted from our account. He replied that there are some issues in the plot due to which booking amount was not deducted. He will tell in advance when money is required for clearance of cheque.

Debit card of this account was frequently use for shopping so amount was shifted to another account. In first week of January **, we have visited Emaar gomti greens sales office alongwith application form (PAN and AADHAAR copy of both applicants signed) and cheque. Mr. Harshit Bajpai told that company have decided to give immediate possession of plot F*/*A which was earlier December ****. Due to which my budget was not allowing me to purchase this plot. Due to this we were confused. Mr. Harshit Bajpai have taken application form alongwith IDs but cheque was not taken by him. He suggested to decide about this plot by evening.( Above event can be verified by CCTV recording of Emaar office near cement water storage structure in sector A, the day was sunday)

In evening we called him to tell our decision. He convinced us that your family is small so you do not require a big plot, I will give you plot in sector G with same rate i.e. *****, also he added if legal issues of plot G*/** is resolved in future then there is no need of fresh booking.

In February **, Mr. Harshit Bajpai told that Emaar have INSOLVENCY case on it so, all the sales activity are on hold. We waited for next one month and enquired about fresh plot and plot G*/**. He told that fresh units will come very soon and issues of plot G*/** may take more time to resolve.

We were calling him every month and finally fresh plots in came in *rd week of May **. He mentioned that he will take first (application form and cheque)from us with same rate as promised i.e. Rs ***** per sq yard.

We have visited sales office of Emaar several times but Mr. Harshit Bajpai told that he is not getting rate approval from higher authorities. He have increased expected plot rate several times from rupees ***** to *****/ sq. yd.

We visited sales office (club) on **.**.****. Mr. Harshit Bajpai have disclosed final rates(copy attached in his handwriting).

We have refused to take fresh plot at this increased rates and told that we will wait for our plot no. G*/** to clear (legal issues).

In July **(last week), we were informed by a source that legal issues of G* row plots were cleared. We have called Mr. Harshit Bajpai but he had not disclosed anything.

I felt something was wrong as amount of rupees * lakh was not been deducted. We asked Mr. Harshit Bajpai for copy of covering letter, neither he was refusing nor he was giving the copy.

*) On *st August **, I have asked about status of my plot G*/** from Emmar through email and I have attached all the necessary documents.(copy attached)

*) In response, Emaar feedback rep Miss Sonalika Jain replied on **.**.**** that they have received a letter written by Mr. Pramod Verma in which it was claimed that cheque no. ****** was given for booking of plot no. A*/** on **/**/** and you have attached a photocopy of letter along with PAN card.(copy attached) and also mentioned that plot no G*/** is not yet sold,( i understand that as plot no G*/** was controversial, emaar was not able to sold it).

I refuse to believe attached photocopy because photocopy can be easily edited and manupulated.

*) I have demanded original colour scanned copy of letter through email **.**.****. I was also blocked by Emaar feedback and enquires on **.**.****, I got reply on **.**.****. When I have seen the attachment, it was clear that we were dooped on **.**.**.(Copy attached)

NOTE :- The event mentioned below can be verified from CCTV recording of sales office gomti greens (club) on **.**.**** between *:** to *:** PM.

Mr. Harshit Bajpai had Pramod Verma' cheque of rupees * lakh which was given for the booking of fresh plot in sector G. Due to request of Mr. Harshit Bajpai cheque was given for booking of plot in sector A of his relative Mr. Anupam Bajpai.

While a covering letter was written on **.**.**** arround *: ** PM. Mr. Harshit Bajpai told not to put date on the letter. Physical cheque was not available with Mr. Harshit Bajpai. He must have shown photo of cheque no. ****** from his mobile for writing cheque details on covering letter. It is prudent to mention here cheque no. ****** was given for booking of plot no. G*/** was cleared on **.**.**** by **: ** Am.

Due to this wrong cheque details were written on covering letter. So, taking advantage of this situation **.**.**** was written on this letter and now it is being claimed by Emaar sales team Lucknow that this covering letter was given to them on **.**.** for booking of plot ( A*/**) in sector A of Mr. Anupam Bajpai.

If cheque was given on **.**.****(as claimed), it should have been cleared on **.**.**** which is standard policy of all Banks ( including HSBC for clearing local cheque) but cheque was cleared on **.**.**** by **:**AM. This means that the cheque was dispatched to bank on **.**.**** for booking of my plot G*/**. My plot details i.e. G*/** is also written on backside of cheque no. ******.

They are refusing to provide me soft copy of booking of plot G*/** because they fear that cheque no. ****** is also mentioned in booking copy. They are claiming that hard copy of booking was returned personally.
As sales team have diverted my cheque no. ******, they may have destroyed the booking copy.

I also want to informed you that Mr. Harshit Bajpai is having our application form ( PAN and AADHAAR copy of both applicants, signed)which have given for booking of plot ( F*/*A) in sector F given in January **. I feel that PAN copy attached with this letter was either taken from booking from of G*/** or booking from of F*/*A. Which is clear misuse of our ID proof.

*) I have send emails to Emaar Regarding " Invalid letter send to me by Emaar", "Sales team diverted my cheque" and "Date amendment" on **.**.**** ".(copy attached)

*) In responce of my email Mis payal on **.**.**** told that my tag file is not tracable and emaar is looking in this matter.(Copy attahed).

*) I have replid to her mail on same day i.e **.**.**** and asked for refund of my booking amount. (Copy attached.)

Emaar feedback team have taken ** days for fact finding but details of which were not shared till now.

*) On **.**.****, Miss payal from feedback have requested me to meet Mr. Bharat Chandak for resolving my query and again on **.**.****, contact details of Mr. Chandak was forwarded to me.

I have contacted Mr. Chandak on **.**.****, I do not want to go in details of conversation with him. But he was emphasising on letter dated **.**.****, the same letter which i have already proved invalid through my emails dated **.**.****.

I was not interested in getting a plot from Emmar Lucknow and i only want refund of my booking amount with interest.


*) In responce to my email emaar customer care team have replied on **.**.**** that the letter was written for fund adjustment of unit GGP-A-A**/** as per written request hence refund or cancellation shall not be applicable and shall not entertain any further queries .

Intesting thing is in above email sender have not mentioned his credential but sender was team customer care. I belive this email could not be written without permission of Emaar customer service head Mr. Bharat Chandak.

"As everybody is responsible for response from Emaar and no body can be held responsible."

In letter dated **.**.**** fund adjustment is not mentioned anywhere and sender also knew it, but how the sender can arrive to this conclusion?
As letter was never intended for cheque no ****** and matter of the letter should be different.

Emaar have conveniently change its stand many time from

a) "Cheque and covering letter was given on **.**.**** for booking of plot of Mr. Anupam Bajpai on **.**.****" to "letter was for fund adjustment on **.**.****."

b)Also i have interacted to Emaar customer care rep Miss Kalpana on **.**.**** and she was not able to transfer my call to Miss payal Gupta as she told it was not as per company policy. Also she was not able to fetch my details from company server after getting my registered mobile number. I have confirmed from Miss Payal gupta on **.**.**** that she can fetch my details from company server and my booking detais was also visible but booking was not confirmed.

I knew that some of the employees of Emaar are laying to me and they are sending illogical replies just to prove their point.

I will also tell you in detail why letter was not written on **.**.**** and booking copy was not returned personally as claimed by emaar feedback.


I have observed following discrepancies which clearly indicates that letter forwarded to me as proof is invalid.

*) Why in this whole world Mr. Anupam Bajpai needed my cheque. The booking amount can easily be deposited through RTGS in Emaar account by Mr. Anupam Bajpai for plot booking.

*) Mr. Anupam Bajpai should have booking Confirmation mail dated **.**.**** by Emaar because booking Confirmation mail is given by company to customer when booking copy and booking cheque is received by sales representative, not before that. Mr. Anupam Bajpai should have confirmed it on same day by replying to proceed for cheque encashment. If cheque no. ****** was given on **.**.**** and cheque should have cleared on **.**.**** which is check clearing guideline of HSBC BANK for local check i.e "Clear funds will be available by next working day from the presentation of Cheque"(copy attached). But the cheque was cleared on **.**.**** by **:** am. This proof that cheque was dispatched to bank on **.**.****. We have given Confirmation for booking of my plot on **.**.****(copy attached).

*) Why my plot no. G*/** is written on backside of cheque (cheque no. ******). As per Emaar feedback claim it was given for plot no. A*/**. Emaar can confirm the details from bank.

*) I am being shown existing customer of Emaar that means that Emaar have received the booking amount and then only Emaar sales rep. have punched my details in their system/server. Likewise you can compare the date when the details of Mr. Anupam Bajpai was punched in system/Server.

*) There are many overwriting, additions in letter, date is not written under signature which generates a doubt on integrity of this letter. The most important fact that make this letter invalid is " the handwriting of date on this letter is different from the handwriting of the body of letter ". You do not need a handwriting expert to tell that.

*a) Why this letter was written on A* size paper. Is letter on A* size paper a legal document in Emaar ? Why it was not properly documented.

*b) Why there are no signature of witnesses on this l letter ? This creates serious doubt about circumstances in which letter was written ?

*) As per letter forwarded to me, i am quoting first line of it " as per our mutual discussion " it means all three of you i.e. Mr. Harshit Bajpai, Mr. Anupam Bajpai and Mr. Pramod Verma should be present in Emaar office on **.**.****, which can be easily confirmed by CCTV footage dated **.**.****. Neither Mr. Anupam Bajpai nor Mr. Pramod Verma was present that day.

Any of the points mentioned above can not be proved by emaar.

Let's assume that everything was in order Mr. Pramod Verma was present on **.**.****. Letter was properly documented with witnesses signature and cheque was cleared on **.**.****.

A) Why Mr. Harshit Bajpai had not enquired about cheque for plot G*/**, which we have confirmed on **.**.**** through email.

B) Why Mr. Harshit Bajpai have not send any reminders about plot no.G*/**. If booking amount of this plot was not received through cheque since **.**.****.

C) As per email of Mr. Harshit Bajpai dated **.**.****, he have confirmed that booking application form was received by him. He must have scanned the booking copy and have stored the soft copy in company server system the why is not giving soft copy of booking and making unnecessary excuses.

D) If booking amount of plot G*/** was adjusted on **.**.****, why cancellation email for plot G*/** was not send to us since **.**.****.

I also find PAN card copy of Mr. Pramod Verma attached with this letter. I feel it is misuse of ID proofs (PAN and AADHAAR) submitted by us at time of filling of booking/application form.

It is impossible to prove an event that have really not happened.

This is clear case of fraud and voilation of customer rights.


Regards
Ragini Sachan