- Refund not initiated by real estate company ^Open

Manish Bhaumik filed this complaint against Simoco Systems Infrastructure Solution Limited on Nov 03, 2021

Accused company :
Simoco Systems & Infrastructure Soln Ltd

Salesman in charge of communication :
Smt. Shayanee Mukherjee,
Same address

Agenda : Refund not initiated for the full amount of money paid to the company in respect of Booking of Flat No–*B, Floor No-*RD, Building No-*B**, Application No - ****** and Car Parking as well as compensation for my health, mental, career, real-estate planning and heart damages

Customer : Sri Manish Bhaumik

Sir/Madam,
I state to you as follows :

*. Being convinced by advertisements relating to Sanhita Project at Rajarhat, I entered into an agreement relating to Flat No–*B, Floor No–*RD along with one Car Parking space at Building No-*B** (Application No-******) on the **th day of April **** with your company.

*. As per the said agreement, they were bound to deliver the possession of the said flat latest by **th day of October **** (including relaxation due to force majure).

*. Till date I have paid a sum of Rs. *,**,***/- (*,**,***/- by Cheque No. ****** dated **.**.**** drawn on SBI, AE Market branch and *,**,*** by Bank Transfer dated **.**.**** from UBI, Sector-V branch which has currently become PNB)

*. During visit at their site during August ****, I was utterly surprised to discover that the stage of construction of building *B** in which my flat was allotted remained exactly on the same condition as it was during the end of ****. There was no progress of work during the last * years and *B** looked like an abandoned construction.

*. I feel that Simoco, with malafide intention, received the money from me, but never bothered to complete the construction for the reasons best known to them.

*. I was in dire need of accommodation, and I have suffered irreparable loss and injury for Simico's act. Please note that I am suffering mentally, physically and went through pecuniary loss without my own fault and claim the compensation on this ground. I am suffering from anxiety, insomnia, mental trauma and general weakness.

*. I categorically state that Simoco should not try to categorize my claim for refund in the category of normal cancellation of agreement within stipulated period of delivery where customer needs to give a penalty of **%. That stipulated period had been over one year back.

*. I have submitted a letter to Simoco (received copy is with me) dated *th September **** that I will attach here. Received a response over email from Simoco telling that their legal process of cancellation(means **% penalty for me) will take *-* months. They also wanted to offer me another substitute flat in the other building which is semi-complete. But I have no faith on them. Also The flat they are offering now was not the flat of my choice. They failed to deliver me the flat of my choice. So I summarily reject their offering for another flat as well as the cancellation of the agreement. I want full refund of what I paid and some compensation for my losses on all fronts.

*. After waiting few days, my lawyer Anis Datta Sarma, an Advocate in Kolkata High Court sent a notice to Simoco to refund the money within few days. The notice will be attached here too.

**. But they are sticking to their said process that will take *-* months. Day by day, I am getting worse physically, mentally. My work life is being affected too due to anxiety, insomnia, trauma. So if this continues, I may also die within * months, before getting the refund.

This being the context, I hereby demand Simoco to refund the full money already paid by me with compensation within * days.

Your kind action may help me from further massacre and save my future.

Thanking you
Manish Bhaumik

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