Goel Ganga Developments
- Cancellation of Apartment without cause Open
Mustufa Kalabhai filed this complaint against Goel Ganga Developments on Jul 31, 2019
I booked a *Bhk flat in Ganga Florentina (address: s.No. **, Bhangire Nagar, Next to cloud Nine, Mohammadwadi, pune - ******) in Tower D, Flat ****. The booking was made on Aug * **** by paying a cheque of INR *Lac vide cheque no ****** amounting to INR and INR *Lac vide cheque no ***** issued in the name of SHREE BALAJI REALTY respectively.
The booking was made through real estate broker Mr. Saideep Patil who is the CEO of Real Estate Firm ‘MultiBhk’ (See details below). The meeting was held on Aug * at Goel Ganga Head office (see address above) in the presence of myself (mustufa kalabhai), my wife (tahera kalabhai), Saideep Patil (Real Estate Broker) and Vikram Zende (GM Marketing, Goel Ganga). The flat was booked at the total purchase price of INR **.** Lakh and booking amount of INR * Lac was paid (see cheuqe details above). The booking was made on the conditions (verbally agreed and no written evidence available) that lump sum payment of INR ** lacs shall be paid by the buyer (myself) when the *BHK flat owned by buyer located at New Town shall be sold by Saideep Patil. The timeframe agreed between all the parties (verbally) for * -* months given the market situation.
In the past one year, the property was remain unsold by Saideep Patil and buyer was constant communication with Broker one way. The buyer found it difficult to coordinate and reach out to broker who did not answer the call, whats up messages timely etc. Further, what kind of communication was made by broker to builder was not made explicit in the discussion. It is right to say that what was agreed between the broker and builder was not known to buyer.
On June **, **** a notice was sent by recovery and legal time (notice attached along with correspondence) that the booked apartment D**** at Ganga Florentina in the name of Mr. Mustufa Kalabhai stands cancelled. The reason cited by the builder through legal team in the notice was that builder contacted buyer directly through email, phone multiple times. As the buyer did not responded back to the communication made by builder and hence builder is cancelling the booking of the apartment D****. A cheque copy was attached amounting to INR *.* Lacs out of the total booking amount paid by buyer (see details above) INR * lac. The deduction of INR *.** lacs was on account of two factors a) **% cancellation charges amounting to INR *.** Lacs and b) **% GST on the booking amount levied and informed by builder paid to Tax authority INR *.** lacs.
The email was responded by the buyer on June **, **** citing that cancellation was without cause and deduction of INR *.*lacs is not justifiable and tenable under law. After series of one way contact made by buyer with Mr. Vikram Zende and to some extent Mr. Saideep Patil. A meeting was scheduled between myself, Vikram and Saideep (though Saideep did not attended the meeting after multiple calls from buyer without citing any valid reason for his unavailability) on July *, **** at Head office, Ganga Florentina. In the meeting Mr. Vikram was accompanied by CRM Mrs. Resshu Jagtap. The meeting was concluded (though not agreed by the buyer either in written or verbally) that INR *.* lacs would be refunded back and INR *.**Lacs would be retained by the builder against cancellation charges. The final cheuqe of INR *.*lacs was received (cheque no ****) by the builder.
Points of contentions:
a) Flat was booked with the condition (verbally and no written evidence available) that booking amount of INR *Lac will be paid, INR ** lacs will be paid in lump sum when one of the property of the buyer will be sold and remaining amount shall be paid by the buyer interest free in quarterly installment of *-* lacs over a period of * years. The possession date informed by the builder was Dec ****.
b) In the event if broker is not able to sell the property of the buyer the entire amount paid by the buyer shall be refunded back with no cancellation and no GST amount deduction. However, in reality INR *.** lac was deducted in the name of cancellation charges citing that booking form was signed by buyer.
c) Being a Muslim, it was agreed in the meeting held on Aug * (see details above) that in no circumstance any loan shall be taken by the buyer and sole funding will be made through sell of property by broker located at New town, Pisoli. This was agreed and discussed between the parties present verbally and no written evidence is available.
d) The notice sent on June **, **** states that series of communication was made by builder directly to the customer in the form of email, phone calls etc. However, no such communication is made by the builder except one email sent in the month of Dec **** asking for registration of the flat. However, the flat was unsold and as such no registration process was completed.
e) In the meeting held on July *, **** when builder promised to refund INR *.* lacs (though buyer did not agree with partial refund) to provide all the evidence of communication made by builder to buyer. No evidence through email, courier etc. is provided till date (July **, ****) by the builder.
f) Repeated communication sent by buyer through email (marked to GM Sales, CRM, and Legal etc.) asking evidence to support the notice sent. However, no evidence is sent to the buyer and no reasons to support this is provided as of July **, ****
g) The booking form was filled (copy asked from builder however not provided yet) and it was told that **% cancellation charges would be levied post * months. However, during the three months no communication was made by builder that you have not paid the amount and as such cancellation charged would be applicable.
h) Mr. Vikram told that he and Saideep (broker) discussed regularly the updates. However what was discussed, when this was discussed and what action I was supposed to take was never told. If timely communication was made then I would have taken informed decision of cancellation earlier.
i) Saideep (Broker) did not took the effort to sell the flat which was agreed with the builder. He never updated me the outcome of the situation which resulted in the loss.
j) Due to inadvertent notice and timely communication from builder for cancellation or holding a booking, buyer has lost INR *.** lacs as cancellation charges, the property rate has increased of Goel Ganga (INR **.** lacs to INR *** lacs) which is a windfall gain for the builder and a loss to the buyer if the similar property is purchased again in the market.
Broker credential:
Saideep Patil: Mobile ****** *****, ****** *****, email Id: multibhk@gmail.com
Facebook: https://www.facebook.com/pg/MultiBhk-***************/about/?ref=page_internal
LinkedIn: https://www.linkedin.com/company/multibhk/about/
Ganga Credential:
Vikram Zende: (GM Sales) : Mobile: ***********, email id: Vikram Zende gmsales@goelganga.in
Ressu Jagtap (CRM) : mobile: ***********, email id: Resshu Jagtap <customerdelight@goelganga.in>
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Goel Ganga Developments
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