RPS Infrastructure Ltd.,
11th Floor, Tower B,
Jasola District Center,
New Delhi- 110025
Reg.: Your Letter dated 15.06.2012 regarding refund of deposit amount in respect of Unit No. in Tower No. , RPS-Rhythm, Sector-88, Faridabad.
In reference to your letter dated 15.06.2012 regarding refund of deposit amount in respect of my booked Unit No.MY-18-0708 in Tower No. Melody-18, RPS-Rhythm, Sector-88, Faridabad, I do not agree with stand of the Company that due to ‘force majeure reasons’ construction activities could not be carried forward and had to be put on hold. Rather, there are no force majeure reasons for discontinuing the construction activities but the Company has falsely & with malafide intentions has stated ‘force majeure reasons’, without giving details of force majeure reason, in order to avoid the liability of payment of interest on deposited amount of the allottees/buyers of flats due to inability of RPS Infrastructure Limited to construct the booked flats. What to say about construction of flats, the company did not even started the excavation work of its much hyped ‘RPS-Rhythm’ Project at Faridabad, as such; there cannot be any fore majeure reason to put the construction on hold. Moreover, the company has not intentionally disclosed the force majeure reasons
It is informed that the Company failed to carryout excavation work and construction activities, for construction of booked flats in ‘RPS-Rhythm’ Project and there was/is no force majeure reasons affecting construction work, rather failure of the Project has been given the colors of ‘force majeure reasons’ for abandoning the project.
I hereby request and demand that my deposited amount in respect of aforesaid booked flat along with interest at the rate of 24 per cent per annum from the date of deposit till payment be paid at the earliest, as the company has failed to construct the flat without there being any alleged force majeure reason.
Here also same thing and RPS is highly profiled cheater i raised the case against them in higher consumer state commission.
Before the Hon. President and his Companion the Distt. Consumer Forum Faridabad, Sector- 12, Faridabad (Haryana)
In the matter of: Consumer Complaint No: - of 2014
S/o Sh. Ishwar Singh
H.No. 560, Sector 21/C
M/s RPS Infrastructure Limited
1117-1120, 11th Floor Tower- B
DLF Towers, Jasola District Center
New Delhi 110025
Tel.011-40543200 Respondant/Opposite Party
(Through its MD/Director)
P.S. Surajkund, Faridabad
Sub: Complaint U/s 12 of C.P.A 1986 as per aggrieved from the Respondant/Opposite Party.
Ref: U/s 2(1) of (g)/ (o)/ (nnn)/(r) and s/s(x) of (r) of the Act against M/s RPS Group.
May it please your Honor.
Most Respectfully Showeth,
1. That I, Anil Kumar S/o Sh. Ishwar Singh age about 45 years is residing on Rent in H.No. 560, Sector 21/C, Faridabad (HR). The Complainant is working as a Sr. Electrical Engineer in KSS Group at Kazakhstan. (A copy of Residential Proof as a Rent Agreement with the Land Lord Sh. Jagdish Singh is herewith annexed at Page 1/C).
2. That the Complainant visited the site office at Sector 88, Faridabad where he was lured by the Opposite Party to Book a Flat with RPS Group. Further, Complainant was assured that they would be provided best Loan facility /Quality Services/Timely handing over the Possession of the Flat.
3. That the Complainant who is residing on Rent was in dire need of an Accommodation preferred to book a 2+1 BHK Unit Flat with RPS Group on 7/7/2008 in the Project RHYTHM situated at RPS City, Sector-88, Greater Faridabad (HR).
The details of the Unit/Flat are as under:-
I. Flat area 1395SQFT (2+IBHK)
II. Tower No. MELODY-20
III. Unit Flat No. 0803 (8th Floor)
IV. Project RHYTHM
The Complainant got the Allotment order on 9/9/2008 being Priorty No. P-0445 in Project RHYTHM. A copy of the same is herewith annexed at page 2/c containing in Annex-2/C.
4. That the Complainant Anil Kumar paid an amount of Rs. 2,50,000/-(Two Lac Fifty Thousand Only) vide Cheque no 846494 dated 07.08.2008 drawn on Canara Bank, New Delhi on account of Booking amount is RHYTHM sector-88, Faridabad.(A copy of same is herewith annexed at page 3/C). Accordingly, a Receipt No. 14703 dated 14/8/2008 had been issued to the Complainant.
5. That on further Demand from Respondent, the Complainant had further paid a sum of Rs. 4, 09,137.50(Four Lac Nine Thousand One Hundred Thirty Seven and Paisa Fifty Only) through Cheque no. 00779 dated 22/9/2008 drawn on PNB, Delhi against the Installment due for allotment in Tower MELODY-20 Unit No. 803, RPS City Faridabad (A copy of same is herewith annexed at page 4/C).
6. That the DGM (Commercial), Sh. Rajesh Jain, on behalf of RPS Group intimated to the Complainant vide its Letter dated 12/4/2010 that the Construction work of the RHYTHM has already been commenced after Completion of Primary activities and the Complainant would get another Payment Demand Letter very shortly. (A Copy of the same is herewith annexed at page 5/C).
7. That the Complainant got a Demanded Letter on 7.05.2010 stating that an installment of Rs. 3, 82, 2, 30/-(Three Lac Eighty Two Thousand Two Hundred Thirty Only) may be deposited with the Developer within 15 days after Receipt of this Notice. Further, the Complainant was advised that Finance facility were also available with them. (A copy of the same is herewith annexed at page 6/C). The Respondent and Complainant had executed an Apartment. Buyer’s Agreement on 15.05.2010 at Registered Office of the Respondent. (A copy of the same is herewith annexed at page 7/C).
8. That the Complainant, after receiving Demand and Notice on 7.05.2010 contacted M/s HDFC for sanctioning of a House Loan. The Respondent (RPS Group) had confirmed in writing to HDFC Banking vide its Letter dt. 16.08.2010 stated that they had obtained Necessary Permission/Approvals, Sanctions for construction of the said Unit from Govt. Authorities. Further, the Respondent had given undertaking that the construction of the Building as well as Flats shall be in accordance with the Approved Plan. (A copy of the same is herewith annexed at page 8/C).
9. That a Housing Loan was sanctioned by HDFC and a Tripartite Agreement had been executed among the Complainant-Respondent and HDFC on 16.08.2010 vide which a total advance of Rs. 13,00000/-(Thirteen Lac) had been sanctioned by HDFC in favor of the Complainant. (A copy of the same is herewith annexed at page 9/C).
10. That on receiving the Demand Letter, the Complainant preferred to visit the Site and had enquired the factual Position. The Complainant found that there construction activities had been also started. The Officials present in the Site Office ensured the Complainant that the Activities would be commenced very soon and you may pay the amount when the construction Activities have to start in fact.
11. That the Complainant again visited the Site. The Complainant was asked to deposit the amount of Demand Notice. The Respondent assured the Complainant that construction would be commenced very soon. The Complainant trusted upon the Respondent. As it had already been decided that the Respondent would accept the delayed payment, when the work would be commenced in actual. The Complainant requested the Respondent vide its Letter dated 5.03.2012. (A copy of the same is herewith annexed at page 10/C). The Respondent accepted the request of the Complainant and had also confirmed that they got a total sum of Rs. 6, 59,1,37.50 (Six Lac Fifty Nine Thousand One Hundred Thirty Seven and Paisa Fifty Only). Further, the Respondent had confirmed that they would not to charge any interest for delayed payment against the said Demand Notice till the restart of work at site would be started and it will be intimated to the customers. The Respondent had also assured that all Necessary steps are being taken up by the Respondent for its Solution to restart of the work at site. (A copy of the same is herewith annexed at page 11/C).
12. That the Respondent had written a letter on 15.06.2012 to the Complainant that due to certain “force Majeure reasons” which were beyond their control, the construction activities could not be started and it had “put to hold”. Further, the Respondent advised the Complainant that he may submit documents related to his allotted Unit in Original for enabling them to process the refund of his deposit. The Respondent had also been given an option to allot him an alternate option for booking in other ongoing Projects at discounted Rates. (A copy of the same is herewith annexed at page 12/C).
13. That after receiving the Letter from Respondent, the Complainant came to the Office of Respondent. The Complainant has written a letter addressed to RPS Group on 28.06.2012 in the office of the Respondent and asked the following queries:-
a) What is the Present cost of flat in these ongoing Projects?
b) What would be Final Value of his deposit (Rs. 6,59,1,37.50+1,00,000=7,59,1,37.50). The Respondent had issued a receipt of Rs. 6, 59,1,37.50 and a sum of Rs. 1, 00,000/-(One Lac Only) had been taken as a Premium in cash from the Complainant and no Receipt was given to him?
c) What would be the extra amount he has to pay in case he thinks to take the flats in other ongoing Project?
d) What would be the Concession/Discount which would be given to the Complainant?
e) What are the reasons for cancelation of the Present Booking in Unit no. 803, RHYTHM in RPS Group? (A copy of the same is herewith annexed at page 12/C).
14. That the Complainant had tried its best that he may be allotted his Original Flat but the Respondent being a Developer/Builder did not allot the Flat no. 803. The Office Staff Members are also treating the Complainant that in case he had a created a scene and make Halla-Gulla then he has to face dire consequences.
15. That Complainant served a Legal Notice on 29.09.2013 through his Counsel addressed to DGM (Commercial) and RPS (Infra. Ltd.) through Regd./AD. (A copy of the same is herewith annexed at page 13/C). But one Regd. Letter addressed to the DGM (Commercial returned to the Counsel of the Complainant. (The Original returned Letter is herewith annexed at page 14/C). The Counsel of the Complainant sent another Reminder on 15.02.2014 addressed to Director, RPS Group, New Delhi. (A copy of the same is herewith annexed at page 15/C) vide Postal receipt no ARH0235889024 IN dated 15.02.2104. (An Original Postal Receipt is herewith annexed at page 16/C).
16. That the Respondent has neither replied the Notice nor has he allotted the Flat in spite of sending two Notices.
17. That it has come into the knowledge of the Complainant that the Developer/Respondent has misleaded and misinformed the Complainant. The Respondent very cleverly and cunningly, had advised the Complainant that due to delay in execution work on such particular unit which is suspended and it would be interest of the Complainant that the Original Agreement which had been executed on 15.05.2010 at New Delhi may be returned to them so that their Original booking amount may be refunded to him. This Mala-trade practices and cheating offer to the Complainant is in the contrary as per the site visit made by the Complainant on various occasion as well as terms & conditions mentioned in the Agreement. While offering this offer, its smells that the company wants to take the Benefits of clause 30 through adopting and incorporated in the agreement which is against the interests of the Complainant.
18. That further the Complainant has been intimated vide letter dated 15.06.2012 that the company has offered to give him an alternate option and come forward for booking in its another ongoing in other Tower/Project at a discounted rates where are the construction activities are going on in full swings. In fact, this offer is quite vague, incomplete and required further clarification. This offer is against the mutual trust and against in terms of the conditions contained in agreement. Further this offer of the company is a Breach of mutual trust, mala trade practice, cheating, fraud and highly deficiency in the services. It is to intimate that the Complainant had booked the flat in 2008. The Complainant has already paid 25% Payment of this Unit. Now after gap of 4 years the Complainant has been offered to accept the offer of a flat in another Unit. It means that the Complainant has to wait for another 4-5 years to complete the New Unit and my client expects that after 4-5 years when this unit would be ready then the Complainant would be to offered to book another flat in other unit which is ongoing and this process would be continued till his death and the Complainant would never get the Possession of any Residential Flat in RPS Group. Further, this allotted unit has already been Mortgaged with the HDFC and this unit already been finance of Rs.13, 00,000/- and it is not possible to change this unit with some other unit.
19. That the Complainant has information that due to Price-escalation, the company is adopting this type of mala trade practices so that new Intending Buyers may purchase the completed units on the present higher prices and those fake persons, who had already booked the flats may be lured by adopting this type of practices and the Developer may earn the profit by adopting this type of Mala-trade practice.
20. That after booking the flat in RPS Group till date, the Complainant had never been informed or intimated about the “force majeure” and hurdles created by the land owners in any projects. Now this unit is going too completed and is ready to take the possession, the Complainant is informed that this may unit get delayed due to above reasons.
21. That as per clause no.48 of the agreement, it has been taken the confirmation from the Intending Buyers by the “Developer” that the buyer is the fully aware of the provision of the “Haryana Apartment Owner Ship Act 1983”. In fact, most of the buyers are the tenants and they are not aware of any laws, innocent and on mutual trust, they signed on the agreement. Whenever any Developer or a Dealer shows them this type of tainted picture, future flowering dreams about their projects in house decorated flats they use to become hunted targets of this type of practices and they do not understand the legal terminology, clauses which have been inserted in the agreement. Whenever, any dispute is raised, these legal terminology and clauses do not help them to redress their grievances and suffered. The Complainant has also become the victim of this target.
22. That the Complainant has never been informed as per clause of agreement bearing no.67 whether the “Developer” has created any charge on the ongoing project where in the Complainant had booked a flat in the unit. In case, if any charge has been created by the Developer from any FI’s and Banks it has to be cleared before handing over the flats to him.
23. That as per clause 47 mentioned in the agreement that in case any dispute has been arisen out or touching upon or in relation to the terms of the said agreement including the interpretation and validity of the terms and condition thereof. Then it has to be settled down through amicably. In fact, there is no dispute and neither has it required any interpretation but it is matter of cheating, mala trade practice and Breach of trust as well as deficiency in services.
The Complainant submits before than Hon’ble Court as following further in his Interest:-
1. That the Complainant has suffered a Huge Financial Loss due to price-escalation and he has to pay High Rent to the Land Lord.
2. That the Complainant has suffered mentally, physically either to follow-up through his Counsel or visiting the offices of Respondent personally. The Complainant has suffered mentally and felt torture either by him or his other family Members.
3. That this Hon’ble Forum has its Jurisdiction to investigate this complaint and try on the Respondent.
4. That the claim is within the Limitation Period of two years from the date on which the cause of action has arisen i.e. 15.06.2012.
5. That the complaint has deposited necessary fee vide Challan No……… dated with the State Bank of India, Faridabad. (A copy of the same is herewith annexed at page 17/C)
1. That the Complainant prays before this Hon’ble Consumer Forum that it may kindly like to consider passing an Order to directing the Respondent/Opposite party to return a paid amount of Rs. 7,59,1,37.50 (Rs. 6,59,1,37.50 as a cost of Flat + 1,00,000/- Premium of the flat, total sum Coues Rs. 7,59,1,37.50 to the complainant along with an interest @ 24% p.a from the date of deposit of amount with the Respondent/ Opposite party)
2. That the Complainant may be paid a total sum of Rs. 5, 50,000/- (Five Lac Fifty Thousand Only) as a compensation towards his Financial loss through paying High Rent to the Land Lord and physical and mental torture given by the Respondent /Opposite party to the Complainant.
3. That in case Respondent/opposite party may ready to give another flat in the ongoing other projects forum may kindly direct him that the Respondent may come out with complete details price esclatnation, period, status of the flat, discount if any and other terms and conditions etc.
4. Any further, Relief as this Hon’ble Forum may feel deem fit and appropriate on the Merit of case as well as in the interest of the Complainant and in the interest of Justice.
Dated: - 2.05.2014 Complainant
Place: - Faridabad