Complaint Details

Status	:	Closed
Complaint No	:	0089306/2017
Category	:	Real Estate
Date	:	18-08-2017
Subject Line	:	Broker did not pay the promised amount as discount upon booking 2 apartments through him
Complainant	:	Anjali Puri
Address	:	House Number 1045, Street Number 9, Govind Puri, Kalkaji
Complainee	:	Connections
Address	:	246 Vipul Trade centre Sohna Road, Gurgaon, Haryana 122001

Complaint Details
I got in touch with him when I was looking for buying an apartment in Gurgaon back in August 2016.
Before I finalized the apartment which I wanted to buy from a builder Supertech under Project Azalia at Sector 68 Gurgaon; he committed to give me a discount which is a cut from the amount he gets as brokerage from Supertech upon getting the flat booked.

Going by his words, I booked two apartments through him with Supertech’s project Azalia Sector 68 Gurgaon on 31 August 2016 taking bank loan from Nationalised Bank PNB. The Unit numbers are as follows –
1. Tower 1 Unit 201 &
2. Tower 5 Unit 203

These units were bought under Subvention Scheme taking home loan from PNB Housing Finance Limited. The pricing of the units along with the promised discounted price are given in table-1 below –

Table -1 contains the differential which was to be paid as discount by the broker to me

Unit #
(A) MRP
(B) Discounted
(C) Differential to be paid by broker
(D)
Tower -1 Unit 201 4963000 4580200 382800
Tower -5 Unit 203 7512100 6861340 650760

So the broker had to pay me a total of INR 10.3 Lakhs within 45 days of booking for the apartments.

Therefore going by 45 day commitment from the broker, I was expecting this amount to be paid back to me through Cheque no later than 15 September 2016. It is important to note that this was a verbal commitment and there was no document that he issued to me committing payment.

From 15 September until 16 August 2017, I have been in constant connect called my point of contact at Broker’s Firm – Mr. Chandresh Aka Sunny numerous times. The details of all calls made to him can be made available upon request (As my phone is postpaid & I get itemized bill every month).

With every call, I was told that he has not been paid by Supertech so he is unable to pay me and month after month the same story started getting repeated.

From Jan 2017, Supertech started sending me demand letter for both my units (as the loan amount was not equal to 80% cost of unit) and the demand per unit is given in table -2 below.

Table-2
Unit Number Demand in INR
Tower -1 Unit 201 626524
Tower -5 Unit 203 118519
Total demand 745043

I could not pay Supertech as I was not having enough resources.

It is important to note that I had done my financial planning considering the INR 10.3 lakhs which I was to get from my broker. So I knew I am covered as I was expecting to get funds by 15 September 2016 and was to use this pay for any upcoming demand from the builder.

When I had lost hope of getting money back from broker, on payments due reminder email received from Supertech, I responded to Supertech that since I am expecting my dues from him; who inturn is expecting funds from you, can this amount be adjusted through an issuance of Debit note – i.e. Since Connections is expecting his brokerage from Supertech and I have to collect my discount price from Connections and pay Supertech, can Supertech adjust my dues against the amount they have to pay to broker.

After three follow ups with Supertech, Mr. Vikram Sheel from the Supertech’s Finance team responded that they will accept Debit Note to adjust my dues.

I emailed Broker to issue me debit note. Along with my email, I attached the format of Debit note that was shared by Mr. Vikram Sheel from Finance Team at Supertech through email. My emails & all phone calls to my broker contact Mr. Chandresh aka Sunny went in deaf ear.

Hence on 28th July 2017, I went to his office uninvited to see him in person to discuss issuance of Debit note. He committed that he will issue a note by 31st July 2017; which didn’t happen. Details of my visit can be obtained through CCTV coverage from building Administration at Vipul Trade Center

I again kept following up on phone and on 29 July 2017; he told me a new thing that he needed NFA (Note for Approval) from Supertech and only then he will issue me Debit Note. He got me speak to a gentleman called Abhinav Garodia who was Sales person at Supertech. Abhinav committed that he will issue NFA by 4th August 2017 as he was busy with month closing. This also didn’t happen.

Coz of no response; on 11th August 2017, I again went to see him at his office. This is when he asked go and meet Abhinav Garodia at Supertech Site office in Sector 68 Gurgaon. I did see Abhinav at his office in Sector 68 Gurgaon and here’s when Abhinav told me that there is NO NFA and he can’t issue it as its not a valid / required document. He confirmed that a Debit note needs to be issued by the broker only which will be accepted by Supertech. I travelled back to his office and told him I need the debit note. He sent his men Nitin and Brijesh to meet me and he left office. These guys told me that they will create debit note and come and hand that over to me on 14th August 2017.

On 14th August 2017, I kept following Nitin but they gave me some or the other reasons why they couldn’t come.

On 16th August 2017, I again visited his office when he didn’t come to see me, instead sent his men Nitin & Brijesh to speak with me. Both of them confirmed that he will not issue debit note as his CA has asked him not to do so. I was shocked as for the past 3 weeks now he made me go rounds and rounds for a debit note. I then asked him to issue me a credit note, which his team issued after my immense and consistent push. Attached is the copy of the same.

Through my conversations with his men, I learnt that Supertech had paid him some money but he never paid me back when he had got his funds.

So to summarise –
1. It’s been almost a year and I haven’t got my promised money back
2. I have made numerous phone calls as chasers / emails for follow ups but all invain
3. I have visited his office thrice (3) in a month for issuance of debit / credit note
4. The amount of mental harassment and humiliation I have been through is unimaginable.

Therefore through this formal complaint I would like to –

1. Get my promised money back (INR 10.3 Lakhs) along with the interest and
2. Want to be compensated by the broker in cash for the mental harassment, humiliation, unimaginable stress I went through and the expenses I incurred in making calls and visits to his place.

Thanks & Regards,
Anjali Puri

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