GM Infinite India PVT Ltd - GM INFINITE FAILURE OF PROMISES

GM Infinite Dwelling (India) Pvt Ltd Dated: **th, May ****
Azeem Pearl **/*, Dickenson Road,
Bangalore ******
Sub :- Legal notice to Cancel booking for Flat no N**** and Refund the amount due to nonperformance of said Project GM Infinite North Enclave
Dear Sir,
*. I, Dheeraj Kumar s/o Sh Virender, booked a flat in GM Infinite North Enclave, Flat no N**** and RERA no PRM/KA/RERA/****/***/PR/******/****** on **th, May ****. *. I was informed that construction has already started as the Land was Digged already at the time of booking and property was already fenced and maintained with security gate which seemed that construction is going in fast pace. But unfortunately, that was the last view I had. *. It is almost one year and I, do not see even one brick placed from the date of booking, moreover the Land digging work is being filled with soil. *. I have contacted several times to the sales Person Mr Pawan (Left Organization now), Mr Vijayanand (CRM Team ) who never answered any of my calls or messages and then Mr Sukesh, who has no idea on the reason of delay in construction. For last one year, he had been making excuses for the delay in construction but refused to accept that there is some legal obligations blocking the constructions. *. I have recently been informed by one of their sales person that there is a litigation issue going on, which didn’t exist at the time of booking and property was also verified by my Lending Vendor which is Bajaj housing Finance, and few days back I also found ref no RA**MIS***** on their project wall which seems like a legal case no. *. I have tried to contact all levels of management from the Builder but no one is able to explain or clarify on the litigation issue which GM North Enclave project is facing for last few months after I booked the flat. *. I am currently paying monthly EMI of Rs ***** which is just an interest portion and my concern is that if project get canceled due to this, I will be entitled for only Principle amount with interest only for the duration of the delay in project which is not fair as i have trusted RERA and Builder (GM Infinite) for justice and deserve to receive the interest portion also which I have paid during this period. *. Hence, i am requesting for the refund of amount paid by me along with the Interest of Rs *,**,*** paid in last ** months. Total amount paid : Rs. **,**,***/- Interest Paid in ** months :- *,**,***, Referral Amount :- Rs **,***.
RELIEF SOUGHT :- Total Refund to be issued :- Rs **,**,***. Kindly Help me get my booking cancelled and Refund issued for the Total Sum of Rs **,**, *** to below account details :-
Account Holder Name :- Dheeraj Kumar
A/c No :- **********
IFSC Code :- citi*******
RERA GUIDELINES • Buyer’s rights in case of false promises: If there is a mismatch in terms of what was promised by the builder and what has been delivered, the buyer is entitled to a full refund of the amount that was paid as advance. At times, the builder may have to provide interest on
the amount as well. – It was promised during booking that construction have started while in reality, it never started after digged ground shown during construction and very common by builder these days to Lure buyer.

• If defect in title: If at the time of possession, the buyer discovers that there is a defect in the title of the property, the buyer can claim compensation from the promotor. There is no limit to this amount. – Title is defected due to litigation in RA**MIS*****
As per CMP/******/*******, Senthil Kumar Vs Gm Infinite (****), Customer was issued Full Refund of Booking amount and in Sanjiv Gill Vs UK Iridium Dev Pvt Ltd, Full booking amount was refunded along with the Penalty of Rs **,*** for the violation of Section * of RERA ACT.