Complaint Details

Status	:	Closed
Complaint No	:	0088670/2017
Category	:	Real Estate
Date	:	22-02-2017
Subject Line	:	Refund of booking amount and Misrepresentation by Mr. Aamir Siddique, Sales Manager
Complainant	:	Roshni Rasal
Address	:	B Wing, Flat No.10, Swami Samarth Society, Pawan Baug Road, Malad (West), Mumbai - 400 064
Complainee	:	RNA NG Builders
Address	:	28, Raja Bahadur Building, 1st Floor, Bombay Samachar Marg, Fort, Mumbai.

Complaint Details
To,

1. Mr. Hari Nair,
Chief Executive Officer,
R N A Builders (N.G.)
28, Raja Bahadur Building,
1st Floor, Bombay Samachar Marg,
Kala Ghoda, Fort, Mumbai,
Maharashtra 400023

2. Mr. Narendra Gupta,
The Director,
R N A Builders (N.G.)
28, Raja Bahadur Building,
1st Floor, Bombay Samachar Marg,
Kala Ghoda, Fort, Mumbai,
Maharashtra 400023

Subject: 1. Misrepresentation by Mr. Aamir Siddique, Manager.
2. Cancellation of booking of proposed residency flat B-604 in NG Silver Spring
3. Refund of booking amount of Rs. 100,000 (Rupees One Lakhs only)

Dear Sir/s.

This is with regards to my booking in your project RNA (N.G.) SILVER SPRING for proposed residency flat of one (1) BHK in B-wing at 6th Floor for Flat bearing flat no. 604 situated at Ramdev Park, Miraroad (East), Thane 401107. I have booked the proposed flat on December 2, 2016 by paying booking an amount of Rs. 100,000/- ( Rupees One Lakhs only) certainly, on the assurance that possession of said flat shall be handed over to me on or before 30th April 2017.

I was informed by your representative Mr. Aamir Siddique, Manager, that post booking, the registration is to be done within 45days and I shall get possession on or before 30th April 2017. I had informed your representative that as per Hindu rituals (Pausha month) I will not be able to do registration on or before 1st February 2017. Further, as mutually discussed and agreed by both of us i.e., your representative and myself, we agreed 1st February 2017 for registration. In the meantime, I requested your representative to share relevant title documents and draft of Sale Agreement (‘Documents’) for due diligence and vetting purpose. Un-fortunately, after expiry of two (2) months I did not receive any documents. Further, on February 13, 2017, I wrote a letter to Mr. Aamir Siddique and an email to Mrs. Komal, Admin Manager (Copy of letter and email attached for your ready reference) stating that I shall be able to register Sale Agreement only once I have gone through Documents and therefore, provide me the documents at the earliest. On same day Mr. Aamir Siddique and Mrs. Komal called me and asked me to come and collect the Document from registered office address situated at R N A Builders (N.G.), 28, Raja Bahadur Building, 1st Floor, Bombay Samachar Marg, Kala Ghoda, Fort, Mumbai, Maharashtra 400023. On their concurrence, same day I arranged to collect the said Documents.

On perusal of the Sale Agreement, I had raised few queries to Mr. Aamir Siddique on call, he asked me to meet him in-person at RNA (N.G.) Silver Spring booking site office and discuss all the clauses face to face. He initially insisted me to immediately transfer an amount in following pattern vide NEFT in Account bearing Account No. 53637000010700 in favour of GBG - Parking in IDBI Bank, Bhayander -536 Branch having IFSC Code: IBKL0000536:
Rs. 2,84,600/- Stamp Duty
Rs. 30,000/- Registration
Rs. 3,14,600/- Total (NEFT TRANSFER)
I informed him that although I have arranged for cash (Copy of my bank statement is enclosed for your ready reference) but before transferring the amount, I want to discuss various clauses in the agreement and only on getting the clarification on clauses I will immediately transfer the money. I want to bring to your attention that, I am an advocate by profession and executing Sale Agreement without reading is unethical and illogical for me. Certainly you will also agree to this that the basics of executing any Agreement begin with reading and understanding all of the clauses.

I therefore, requested your representative Mr. Aamir Siddique, to schedule time for meeting on Saturday i.e., 18th February 2017. We mutually agreed and accordingly I met your representative Mr. Aamir Siddique at his office. Since it was a draft/template of Sale Agreement, various clauses were blank and I wanted his inputs in relation to blank clauses and most importantly on clause no. 23 and 44. On discussing Clause No. 23, which read as below, Mr. Aamir Siddique informed me that the possession shall be on or before 24 (twenty four) months/2 (two) years from the date of registration of the Sale Agreement. It was an utter shock and surprise for me, because if possession is not in April 2017, in that event the sole intention of booking the flat went into vain.

Clasue 23. The Promoters shall offer the possession of the said Flat/Shop/Office to the Purchaser/s on or before -------- provided that the Promoter shall always be entitled to reasonable extension of time for delivery of the said Flat/Shop/office on the aforesaid date.......”


At this juncture, I want to bring to your kind attention that the sole purpose of booking the proposed flat was to get the possession by end of April, 2017. Infact, time and again I had met Mr. Aamir Siddique at RNA (NG) Silver Spring booking site office and every time I was informed that there are very rare chances of delay in possession. Mr. Aamir Siddique also informed me that in case the possession is delayed it will not exceed May, 2017. Basis his representations and warranties, I had applied for housing loan with LIC Housing finance and same was duly sanctioned vide sanction letter 13th November 2016 for loan amount of 45,00,0000/- (Rupees Forty Five Lakhs only) ( Copy of letter attached for ready reference purpose) Finally, on receipt of the sanction letter, I had paid the booking amount of Rs. 100,000/- ( Rupees One Lakhs only) on December 2, 2016.

Under above circumstances, if you are giving the possession timelines of 24 (twenty four) months/2 (two) years from the date of signing of the Sale Agreement instead of May, 2017, then I am not interested to proceed further with execution of Sale Agreement. I have various financial commitments to be fulfilled basis which I had taken decision of purchasing. Firstly, I have to take admission of my son in school which will start from month of May, 2017. If there is delay in possession this will hamper my son’s education which I cannot bear. Secondly, I am currently residing on rental basis. I am legally bound as per rental agreement, to give my landlady 3 (three) months notice in case of earlier termination. Nonetheless, for me paying EMI of housing loan which will start within 7 (seven) days of registration of Sale Agreement as well as rent is an additional financial burden. I can bear only one expense out of two i.e., either EMI of Rent but not both.

Basis the misrepresentation and false commitment of your representative Mr. Aamir Siddique, I was induced to book the proposed flat and enter into Sale Agreement. It was only on the perusal of the Sale Agrement, I discovered your representative’s fraudulent intention and therefore, I hereby exercise my legal rights to cancel booking of proposed residency flat of one (1) BHK in B-wing at 6th Floor for Flat bearing flat no. 604 situated at Ramdev Park, Miraroad (East), Thane 401107 in your project NG Silver Spring. By this complaint, I hereby call upon you to refund the booking amount of Rs. 100,000/- (Rupees One Lakhs only) paid by me on December 2, 2016, without any deductions, as this cancellation is solely attributable to your representative’s misrepresentation

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