AQUAPOLIS PROJECT GHAZIABAD

Complaint Date:
By:
Category: Real Estate

Company Name:

20.06.15
Dear Sir,

COMPLAINT
ANSAL LANDMARK TOWNSHIPS Pvt. Ltd.
PLOT NO. D-27, AT AQUAPOLIS TOWNSHIP – GHAZIABAD

I have a complaint against Ansal Properties Ltd promoted company, Ansal Landmark Townships Pvt. Ltd. Despite my best efforts the Company’s attitude is rigid , despite doing criminal and civil violations of law in developing the above Township and against me/ us.
In this regard I state following facts :
A) The above plot with original size measuring 288 sq yards was originally booked as Plot C-23 on 20.12.06 in favour of Sri Rajendra Gupta (HUF). Plot Buyers’ Agreement was executed on 06.04.07.
B) The said plot was transferred in favour of Sri Puneet Agrawal etc on 13/06/2007.
Total Basic Price payment was 50% i.e Rs 1260000..
C) The said plot was again transferred in our favour on 28.03.08 with all the rights and liabilities under the original Agreement after the payment of administrative Transfer charges of Rs. 300 per sq. yard amounting to Rs. 86400.
D) Later on, we came to know that the land of the plot allotted to us does not belong to the Ansal Landmark Township . Infect the land, in which our plot was located was the property of Ghaziabad Nagar Nigam and the plot was illegally alloted to us without ownership and possession by the Company . The act of the company was fraud and an criminal offence. I wrote a letter dt 13.11.09 ( ANN 1)and thereafter several times but the Company never submitted proof of ownership and possession .
E) After collecting 50% of the land cost amounting to Rs. 1260000 fraudulently , and transfer charges of Rs 86400, the Company informed us vide letter dated 03/11/2009 (after three years of initial Agreement) that our plot has been affected due to installation of Solid Waste Treatment Plant and Dumping Yard . This was a wrong statement as Ghaziabad Nagar Nigam was developing the Plant in its on land , allotted to us illegaly by Ansals. The Company in its letter dt 23.10.10; page -2; para 3 ( ANN 2) has accepted that the land ( in which our plot was allotted) is owned by Nagar Nigam Ghaziabad.
F) To resolve the issue I personally visited, at least 10 to 12 times, ANSAL’s office at KGM Delhi, along-with many other allotees. As per Minutes of the Meeting dt 25.11.09 (ANN 3), it was agreed that newly created plots as alternative plots with same size and same rate and terms and conditions will be allotted in the revised layout plan of the Project. This was re-assured on 01.09.2010 ( ANN 4). In several meetings, it was also assured that for the delay in the Project adequate compensation by way of interest on money deposited would be given.
G) Thereafter, the Company officials started pressurising us to accept lower area of land. With nothing in our hand and a victim of intentional fraud by the Company’s officials, we were forced to yield. I have given a representation dt. 30.05.11 (ANN 5) . We raised the interest demand in it.
H) After more than two years of meetings and persuasions by us, the Company agreed to give us plot but had taken a U turn in its earlier commitment of same size of plot and was forcing us to accept lesser area of plot . ( At that time market rate per sq yard was Rs 35000) . Feeling cheated by the Company’ fraudulent actions in the past and our hard earned money in its hands, we had no option but to fall in line dictated by its officials. However we have made the offer of the Company as conditional ( subject to our terms ) vide our duly acknowledged letter dt 01.07.11 (ANN 6) . One of the condition was in respect of interest @ 18% p.a. on extra deposit with the Company for lower plot size.
H.) Thereafter, on 14.02.12, Plot no.D-26 was allotted, measuring 200 sq meters (239.25 sq yards) in the revised layout plan. This plot is lesser in area by 17 % than plot no C-23, originally allotted. Therefore, we were forced to forgo benefit of app. @ Rs 27000 per sq yard ( Mkt rate less cost) on 49 sq yards less alloted i.e Rs 1323000/ from the than prevailing price. In fact the company had sold/ booked its plots in D block itself at app. Rs Rs 35000 to Rs 38000 per sq yard to various allottees. In this regard it is also to be mentioned that plots of size as per agreement and commitment could have been planned and allotted in the revised plan but the company preferred to sell major part of the land by way of plots to new clients in stead of fulfilling the old commitments. This was done as the land rates have highly appreciated due to development in Crossing Republic , an adjacent/ touching Township.
I). On the basis of Company’s oral assurance of interest adjustment ( at the time of possession) the revised agreement dt 08.10.2012, for new plot D-26 in lieu of earlier C-23 was executed. This agreement contains reference to old application dated 21.12.2006 and carried all the rights and liabilities under the original Agreement ( Dt 06.04.2007). The interest adjustment / claim was communicated to the Company in my various communications to the Company The Company never denied the claim.
Thereafter the Company advised vide letter no U45201DL2004PTC129188 Dated 11/12/2014 regarding possession of PLOT NO. D-27. We vide final notice dt 26.12.14 ( ANN 7 ) wrote to the Company with brief as under: of which no reply has been received from the Company):
a) We have asked a copy of Township Infrastructure Completion Certificate as per the Policy in this respect. Before obtaining the completion certificate , the handing over the possession of plot can not be justified and is illegal.
b) We protested raising of illegal demands in the possession notice like rain water harvesting charges amounting Rs. 40,000 and front boundary charges amounting Rs. 10750, which are not as per agreement terms.
c) The Company made demand of Rs 25,500 as Electric connection charges, Rs. 5500 as water connection charges. These charges comes under category of charges to be paid / deposited to U P Power Corporation and Municipal Corporation, Ghaziabad , respectively. We will our self do that as actual charges are 2-3 thousand only. Moreover , these permanent utility connections are not given for open spaces/ plots and are required during or after the completion of construction of house at the plot.
Further Rs. 6500 were demanded as sewer/storm water charges and service tax on drain pipes charges of Rs 10907.70 . These were not as per terms of the Agreement executed. Therefore these are illegal demands from us by the Company.
d) As per provisions of U P Govt. Integrated Township Act 2005 and as per clause 18 of the Agreement executed with us, the Township is to be handed over to respective Govt agencies/local bodies after completion of the Project.
To our surprise without completing the Project maintenance bills have been raised by the Promoters other Company. These were not as per terms of agreement and beyond our imagination of any expenses for plots.
e) The basic price difference of Rs 9 per metre as per agreement dt 06.04.07 ( Rs 10456) and dt 08.10.12 (Rs 10465 ) Rs 9 x 200 = Rs 1800 has to be adjusted.
f) Adjustment on account of interest claim ( since 06.04.07 i.e previous agreement date till 31.12.14) on excess amount paid of Rs. 213500 ( difference of basic sale price in both agreements) on account of reduction of size of plot from 288 sq yard to 239.20 sq yard) @ 18% per annum compounded yearly for 93 months amounting to Rs.556487 . This demand was regularly raised by us and given in writing as an integral part of option accepted . The Company’s Senior officials also assured us to adjust interest claim in final demand to be made but not kept the promise.
g) Adjustment on account of administrative transfer charges amounting to Rs. 14700 got additionally deposited @ Rs. 300 per sq yard on account of reduction of size of plot from 288 sq yard to 239.20 sq yard. In fact the whole admin charges are illegal as the Company had no ownership of land.
h) Adjustment of Interest on extra administrative charges w.e.f. 28.03.08 till 31.12.2014 i.e 6 years and 9 months i.e. Rs 30228.
i) In a Township Project as per Industry practice normal possession / delivery of plots period is 1 to 2 years. The Company should have given possession of plot by April 2009. ( two yrs from first agreement date 06.04.07) . Therefore delay in possession offer ( that too without completion certificate ) is app. six years. The Company should pay late delivery charges as per Industry trend.
The issues of interest adjustment, late delivery charges and other matters were continuously raised by us regularly . We also deposited all the demands made to us till Nov. 2014 under protest/ conditional and paid through a covering letter raising our various demands/ issues. Realisation of cheques and keeping silence ( not replying) on the above issues contained in the covering letter of remittance of cheque by us are proof of acceptance of demand raised .

J). After receipt of offer for possession myself visited my plot no D0026 allotted . At that time I have seen that electricity line/cable tapping, drinking water connection pit in front of my plot. have not been done . Also there was no street light in front of our plot. The soil was not levelled and was found accumulated in the plot/outside plot. The daber road was being made on one side of road, while on other side of sector road (return side), it was not made. Also, the main roads, to which our road is connected was still kachhi . Electric Sub station was not operative and there is no 24*7 supply arrangement as per terms. Basic public amenities, fire fighting arrangements , garbage disposal and sewage treatment plant were not installed as per Integrated Township Policy in force. A no of shortcomings still persist.
K). As per Integrated Township Policy 2005, clause 10, GDA will verify the quality of internal works, done by the developer. Despite demand a copy of GDA approval has not been provided to us till now ( 6 months lapsed) . The Company should provide the same before offering possession to us.
Therefore , in view of what has been stated , offer for possession was highly illegal. Therefore we wrote to the Company to complete all above mentioned works and get NOC / Completion certificate from GDA and then send revised Offer for possession after removing illegal charges along-with adjustments of extra payment , interest claim, late delivery and other demands as mentioned above. We advised that till the amenities are completed and NOC of GDA obtained, we will not take possession and get the plot registered. Despite our legitimate claims exceeds the demand in Basic cost demand of Rs 430653, we sent a Cheque of Rs. 2,15,136 ( 50% of BSP) under protest, the Company realised the same but not replied to us till now.
Thereafter, we had served a legal notice dt. 16.03.15 on the Company through our Advocate Sh. Rohit Kr. Garg ( ANN-8 ) but the Company had not replied the same till now.
Through RTI, we have also got replies from GDA ( Ghaziabad Dev. Authority) ) ANN ), which has confirmed our views. The Company is not responding by any means.
We request you to take-up with the Company and get settled our demands.

Yours Faithfully

( Ashok Kumar Maheshwari)

Mob No 9166714888
a_k_mah@ yahoo.co.in

Dated: 20.06.2015

DGM State Bank Of Bikaner and Jaipur
Head Office- MSME Deptt.
Tilak Marg
JAIPUR 302005

AQUAPOLIS PROJECT GHAZIABAD
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