Location/place: gurgaon
Name of company/service: ardee infrastucture pvt ltd
The Commissioner of Police,
Gurgaon
Sub: Registration of cheating case against M/S Ardee Infrastructure Pvt. Ltd., for selling unapproved apartment in Palm groove Height, Ardee City, Sec 52, Gurgaon
Sir,
With reference to my previous complaints dated Jan 11, 2013 and April 26, 2013, the investigation has been conducted by the EOW and they have suggested that this is not a cheating case, their report is biased and has favoured Ardee Infrastructure Pvt. Ltd., I am not satisfied with the enquiry as they have ignored and not considered main and important points which clearly indicate that Ardee Infrastructure Pvt. Ltd. deliberately cheated me.
I would request you to get the following points investigated thoroughly.
Selling a flat on 14th floor where as sanction/approval was given up to 12th floor only to Ardee Infrastructure Pvt. Ltd.
1. As per the sanction plans from HUDA/DTCP dated 25/01/2006 and BR-III form dated 27-04-2006 Ardee Infrastructure Pvt. Ltd. only had permissions to build up to 12 floors in Palm Groove Heights project. Despite this fact Ardee Infrastructure Pvt. Ltd. sold me a Fourteenth Floor Flat No. 1402 in Building no. B-5 of Palm Groove Heights project on 21-Aug-2007. They deliberately sold me a flat after more than one year of their sanctions/approvals on 14th floor knowing the fact that they have sanctions/approvals only up to 12th floor. This clearly shows their cheating intentions. This is to bring in your notice that Ardee Infrastructure not only cheated us by selling a flat for which they are not approved, on top of it they have taken monetary benefit of our money in lieu of the above said flat. This clearly shows their intention to cheat and take monetary benefit. The fact they sold me a flat which required approval shows their wrong intentions and clearly amounts to cheating.
(I had attached the approved sanction plans from HUDA/DTCP and BR-III form and the Flat buyer agreement with previous complaints to highlight this fact.)
2. The intentions of Ardee Infrastructure Pvt. Ltd. are evident from the fact that in the last 7 years they have been asking for money for a flat for which they never had any sanction/approval and never bothered to notify me that they do not have permissions to build 14th floor. In the previous report the enquiry officer mentioned that Ardee Infrastructure kept on asking me for the payment due for the flat. I would like to bring it to your notice that the letters shown by Ardee Infrastructure were those issued at their end only. On top of it I would like to submit that till cancellation I was willing to pay the entire amount of the flat provided Ardee Infrastructure shows me approval for 14th floor.
Misusing the Flat Buyer Agreement
3. Ardee Infrastructure Pvt. Ltd. is misusing the flat Buyer Agreement clause 19 B which states that “ In case of absolute deletion of the Flat on account of the reduction in the number of Flats in the scheme or due to any other reason, no claim, monetary or otherwise, will be raised by the Purchaser or accepted by the Seller. In such case, the amount received shall be refunded to the Purchaser without interest.”. This clause is applicable only if Ardee Infrastructure Pvt. Ltd. would have got sanction/approval for floor beyond 12th floor and they were deleted later where as in this case they have the sanction/approval up to 12th floor only. So the question of deletion does not arise. Here again they shows their cheating intention as they sold me a flat on 14th floor for which they did not had any sanction/approval.
Regarding this clause, I would also like to submit that Ardee has full rights to stop or delete its project. The enquiry officer has taken the plea of this clause that the builder can anytime cancel the deal. My humble submission is that if I am an allottee of any flat till the the 12th floor, the builder has full right to cancel the deal but I am allottee of 14th floor which is not under the project because the project is till 12th floor only and 14th floor is not in its scope.
Cancelling the flat for wrong reasons
4. Ardee Infrastructure Pvt. Ltd. claims to have sent multiple notices for the payment of instalment and had cancelled the flat on 20 Dec 2012 citing non-payment of the instalments as the reason for cancellation. I would like to bring it to your attention that as per their claims the last demand letter was sent in 2008 but the flat was cancelled on 20 Dec 2012, almost four years later. Ardee Infrastructure Pvt. Ltd. should have cancelled the flat in 2008 only due to non-payment if they are true to their claims. This demand of money was discussed with the Company officials at that time and I demanded to show me the approval/sanction of 14th floor flat and I was ready to make the payment but they knew that the Ardee Infrastructure Pvt. Ltd. don’t have the approval/sanction beyond 12th floor but still the kept demanding more money again and again to cheat me knowingly and intentionally but the fact is that they have used my money for almost Seven years by selling me a flat which don’t exist .They cancelled the flat in response to a stern letter from my side dated 10-Sept-2012 in which I gave them the last warning to transfer my flat to a lower floor for which they have sanction/approval or I would take legal action.
But Ardee Infrastructure Pvt. Ltd. paid no heed to such requests and cancelled the flat. This shows their cheating nature as the flat is now worth thrice the amount and they would profit from selling it to someone else.
Finally I would like to submit that Ardee has sold me a flat for which they don’t have ownership and approval and in turn they took monetary gain my hard earned money. I hope cheating is clearly made out in this case. I humbly request you to consider these points and allow the registration of FIR of cheating against M/S Ardee Infrastructure Pvt. Ltd. to get me the justice and my due rights.
Thanking You,
Sincerely Yours,
Vijay Kumar
House No 229,
Vill. Wazirabad,
Gurgaon,
Phone No. 9818301777
[email protected]
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