Cancellation of flat at g.noida
Querist :
Anonymous
(Querist) 21 September 2011
This query is : Resolved
i. I booked the flat at Grah Laxmi Sahkari Awas Samiti, Greater Noida in August 2010. At the time of booking of flat, I paid an amount of Rs.99,000/- to the society through Mr. Bhubnesh at the site itself. Thereafter on 20.09.10, I paid an amount of Rs.2,10,000/- to the society. Again on 18.10.10, an amount of Rs.2,00,000/- was paid to the society . (Receipts of the same & copy of share certificate are placed opposite, Refer ‘A’).
ii. I got loan from IDBI bank and again in December, 2010, I a paid an amount of Rs.5,00,000/- through bank loan to the society.
iii. When I booked the flat in August 2010, Mr. Bhubnesh told me that they will hand over the possession of the flat in December, 2010 or latest by Feb., 2011. But after so many personal visits at site, I found that there was no progress in the construction work. It was lying as it was at the time booking. After paying Rs.10 lakh to the society, again they started demanding more money. When on telephone, I told Mr. Bhubnesh that they have breaded their promised of delivering possession and with the pace of word, the work will not be completed even in a year. Since, I had taken loan so I am being facing losses because of delay which shall be to your account. He assured that work will be completed within 2-3 months. I visited the site on 24.07.11 and met Smt. Sushila Saraswat. She promised that now the project will be completed in 3-4 months and I should make payment.
iv. I approached the bank for payment by disbursement of the sanctioned loan when they told that the bank has stopped funding to the NOIDA projects and the matter is being dealt with the higher authorities and when the decision will be taken, funding will be started. They however told me to fill the form of disbursement and they will get the technical survey done at site and on that basis the funding will be released to the society. (copy of the disbursement request is placed opposite, Refer ‘B’)
v. On the same day at bank itself, I called Mr. Bhubnesh and explained the whole issue to him and the bank also explained the whole issue to the society.
vi. Even after all these happenings, the society has been issuing me notices threatening for cancellations and asked me to be present before the Management Committee. I told them to give me the date, time & place where I should meet the MC and sort out the matter. But the society never gave me time or place to where I should meet them. The society has not given me any chance to meet them and decided to cancel my membership and sent me the cancellation letter. I have written a letter to the society explaining the whole position but they are not bothered, as it looks that they have already decided to cancel my membership. (copy of the letter dated 17.8.2011 is placed opposite, Refer ‘C’) After that they sent me the cheque of Rs.4,08,200/- after deducting 10%.
vii. After getting cancellation letter and cheque, I got upset and depressed that for no fault of mine, I am facing a huge loss of hard earned money in the form of 10% deduction by society and the interest paid by me to the bank. In addition to this the society has not given flat in promised time nor given me any opportunity of personal hearing which is violative of principles of natural justice.
In view of above, I seek your intervention to save me from high handedness and arbitrary behavior of society and cancellation of my membership for personal benefit. The society be directed to restore my membership and asked for delay, highhandedness, defrauding me and loss occasioned by them and reimbursement of interest paid by me to the bank.
At last I wanted to know the complete address of Registrar of Societies, Noida, where I should post this letter.
Querist :
Anonymous
(Querist) 21 September 2011
Please guide me as early as possible.
ajay sethi
(Expert) 21 September 2011
1) did you enter into any agreement with the society?
2) did the agreement contain clause as to when payments are to be made and when constuction will be completed ?
3)you ahve stated that society has refunded you amount paid after deduction of 10% ie around 40,000/
4)you will have to issue legal notice to society then file complaint with consumer forum
Guest
(Expert) 21 September 2011
First of all you need to ask for the resolution passed by the society on cancellation of your flat. Check the contents of the resolution what background they have given.
2ndly ask the society if their allotment of land has not been cancelled by the GNDA in the wake of the recent judgment of Allahabad or Lucknow Bench of High Court in favour of the farmers v/s the GNDA.
Querist :
Anonymous
(Querist) 22 September 2011
Thanks Mr. Sethi,
i) there was tripartite agreement with Bank, Society and me
ii) In that agreement there was no clause as to when payments are to be made and when construction will be completed.
iii) the society has refunded me 4,08,200/- after deducting 10% of the payment made by me through Bank loan (5 lakh) and 5 lakh paid by me (total 10 lakh).
iv) please guide me how can I file a legal notice to soceity.
can I get my membership revived & how?
Please help.
Amrit Kaur
Guest
(Expert) 22 September 2011
If you are a member of the society, you will first have to approach the ROC against the cancellation of flat.
ajay sethi
(Expert) 22 September 2011
you ought to have the agreement vetted by lawyer before signing it . i am surprised the agreement did not contain any clause as to when construction is to be completed . nor any clause for penalty .
it appears agreement is completed in fvaour of builder . did the agreement contain clause if payment not made in time agreement will be cancelled?
consult a local lawyer in noida and issue legal notice
