Monday 4 June 2018

Neither homes, nor refund as builder delays project in Sanand

They had a dream… of owning a weekend home. After some efforts, they found a place where they would want to build that home. Payment was made and they waited to get possession of the plot. What was to happen in three months did not appear to be happening even after a few years. A few days ago, some relief did come when the Consumer Dispute Redressal Forum (CDRF) directed the company to refund the amount with interest. But even that money does not appear anywhere in sight.

Legal action against Builder - Cheated Buyers


Pallavi Chauhan, Gurucharan Kaur and Nirmal Kaur had booked a plot each in a scheme announced by India Green Reality Ltd near Zamp village in Sanand taluka. While Gurucharan and Nirmal are related, Chauhan is the former’s neighbour.

They paid Rs 3 lakh in installments for the plots (E-261, E-262 and E 271) measuring 150 square yards. They even got the banakhat (agreement of sale) done. “We were told that the scheme had NA-NOC title clearance as well as other required permissions. This was highlighted in the advertisements. The scheme also had four-five wooden houses. We were assured that we would get possession of the plot within three months, but that did not happen,” said Chauhan. Despite repeated requests, they failed to get a satisfactory response from the realty firm. They then decided to seek refund of Rs 3 lakh.

In July 2013, they sent a letter on stamp paper to a company asking for cancellation of the booking. However, the company allegedly ignored them. A legal notice sent to the company in March 2014 too remained unanswered. In February 2015, the trio approached the Consumer Dispute Redressal Forum (CDRF), Ahmedabad Rural, and lodged a complaint. They sought that they be either given possession of the plot or a refund.

However, a notice in this regard too went unanswered. Their advocate Anand Parikh then filed an amendment application seeking only refund. This time, the company authorities replied, saying that they were ready to give the plot.

When Parikh asked them to produce the NANOC in the court, they could not. Parikh then filed a rejoinder saying that his clients wanted only refund, not the plot. This application was allowed by the court. Advocate Anand Parikh says, “The plot was booked in 2011. I produced photographs of 2017 of the land. It shows that there was no such development that would allow any construction. They couldn’t even produce NANOC certificate before the court.”

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