Location/place: Nagpur
Name of company/service: Shrishti Apartment, Jairam Builders
Respected Sir,
with due respect, i would like to file this Complaint against a Broker Mr. Prakash Tripathi resident of Plot No. 95, Welcome Society, Katol Road,Nagpur -440013 with due of Fraud (420) in selling us a property at “Shrishti Apartment” standing on plot No. 14, Khasra No. 85/1, Mouza Zingabai Takli, Tah. & District Nagpur. P.H. No. 11 Situated at Jai Durga Co-operative Society Ltd. Nagpur.
1.My self Mr. Avinash Kishanchand Dayaramani resident of Flat No. 17/9, Aakar Builkders, Chitnavis Nagar Layout, Byramji Town, Nagpur -440013 and My real (Elder) Brother Mr. Jagdish Kishanchand Dayaramani resident of Nagpur had purchased Flats no. S1 & S2 in the above mentioned area from Builder Mr. Sanjiv Kumar Maniramji Gupta resident of Plot No. 8, Gurukrupa Housing Society, Bhagwan Nagar Road Nagpur with due contact of his Broker Mr. Prakash Tripathi who had informed us in Purchasing of these Flats from him on date 17th August 2010 against the Sales Agreement with a Total Cost of these Two Flats of Rs. 18,00,000/. (Rupees Eighteen Lacs only) on Written Agreement on date 17th August 2010 which was executed and signed by both Parties and Intermediator and present witnesses.
2. It is pertinent to note here that it was decided that the Payment will be made in Several installments and therefore my real(Younger) brother paid the Builder Rs. 11,000 (Eleven Thousand Rupees only) in cash on dated 13/08/2010 which was acknowledged by the concerned party. Further on dated 17/08/2010 paid by my Younger Brother to them as Cash Rs. 2,89,000 (Two Lac Eighty Nine Thousand Rupees Only) against written Agreement. we paid again later on dated 02/09/2010 Rs. 1,00,000 (One lac Rupees only) by Cheque drawn on Punjab National Bank Indora Chowk, Nagpur and on dated 07/10/2010 further paid Rs. 1,00,000 (One Lac Rupees Only) by Cheque drawn on SBI Bank Friends Colony, Nagpur. Therefore we both brothers have paid total amount of Rs. 5,00,000/. (Five Lac rupees only) till date 7/10/2010. It was further agreed among both of our Brothers and Broker and Builder that Agreement in respect of the said transaction of Sell -Purchase will be executed accordingly the Bayana Patra/Isarpatra was executed to Broker and Builder in which it was agreed that the Balance amount of Rs. 13,00,000/ (Rupees Thirteen Lacs) will be paid at the Time of Registration and the execution of the Sale Deed of the Said Flats.
3.That in spite of repeated demands, the Broker and the Builder failed to give the Proposed Draft of Sale or execute the Sale Deed of Said Flats.
4. Once our visit on the Construction Site to our Surprise that only 20 % of Work was completed and no Construction activity was going on. We have then learnt that Construction Work is stopped by the Builder due to some disputes. However by no strech of imagination it can be said that the construction work will be completed on or before 30th November 2010 and thus the condition laid down in the agreement breached by the Builder and Broker.
5. Thereafter the Builder cancelled the Said Agreement of sale due scarcity of funds to develop the said apartment due to loss in buisseness.The conduct of the builder was very shocking and surprising.Thus,we have lost a complete faith in bröker and builder.Inspite of our willingness to pay the the balance condiseration but not having ready due to the deeds of the builder.
6. That thereafter my repeated remainders and request for the return of 5,00,000 /-(Ruppees Five lacs) to our broker from the builder.The one or other reasons they avoided for the same by giving us false promises of repayment.The broker made us a request to wait for sometime for the repayment.We have no any other option other than to accept the request of the broker.The builder than thus agreed to issue potdated cheques in favour of my younger brother.The broker for discharge of liability to repay the part paid consideration of Rs.5,00,000(Five lac) issued two postdated cheques in favour of my younger brother in the month of November 2010.
7. postdated cheques were for the given dates 10/05/2011 AND 18/06/2011 of Rs. 2,50,000 each drawn on Bhandara urban co-operative Bank ,Gandhibagh ,Nagpur.After receiving these cheques my brother had submitted these cheques for the above given dates in SBI,Friends Colony,Nagpur for their encashment.But these cheques were dishonored (Bounced) due to “Insufficient Funds” and both of his and our bank had intemated the same by their “Cheque Return Meno” and “Return Clearing Memo” respectively and thus which had laid us to further disappointments and no longer faith in the behaviour and conducts of the builder.
8. However, due to these conducts of the builder we had requested to our broker for the refund of our payments which he had thus promised us to pay back the amount of Rs.5,00,000 from the builder and which is still not fuilfilled in a longer period of 2 years.We are still begging for our own money from the broker.
9. As it has come to notice that the builder does not exists at his given address.It came to know that the builder was bankruppted because of his default activities.The broker always consoles us for the repayments still.
On our further surprise and shock it was came to notice that the flat which were sold to us on the agreement basis were already sold to another party before us by the broker and builder.
10. As the builder is not traceable since long on his residential address and the broker being in contact with the builder always consoles us for the repayment of money from the builder.
Hence now as been three years we are running behind for our own money to broker and builder.
Also please consider that owing to this we have lost further our resources and being under mental depression and tortured since long.
And hence we would kindly like to file a complaint against Broker and Builder in order to provide us a Justice and punish the cheaters to the extent under there fraud (420) deeds so that they will not be motivated to trap the other public or customers and cheat or fool them with their criminal activities also we would like to request to let our money refunded back from the broker as per his false promises of repayment of money we complaint to punish the builder to his high extent in order for his fraud and criminal and hence this complaint.
Thanks and kind regards
Yours faithfully;
Avinash Kishanchand Dayaramani
Date : 30/07/2013
Nagpur.
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