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"Victims of RNA Corp." OR Victims of Any Unscrupulous Builder, What are the options available for Home Buyer and Aggrieved Flat Owners in Redevelopment Project

How to File a Complaint against a Builder, What are the options available 

Any citizen can file a case against a developer. There are several options and situations under which a property buyer can file a complaint. Types of complaints are:

  1. EOW
  1. Consumer case
  1. Suit for Specific Performance of Contract

On the following grounds in which a property buyer can drag an incompetent property developer on violations/ breach of ground

  • Non-execution of relevant sale agreement despite having received a substantial advance amount
  • Non-issuance of copies of all relevant documents viz.; development agreement, power of attorney, sanctioned plan (by concerned Regional Authorities), specification of construction materials/design as per sanctioned plan and any other relevant documents
  • Charged higher than the agreed amount
  • No issuance of proper receipt(s) against the paid amount
  • Poor quality construction
  • Delivering of a house not complying to agreed specifications
  • No free parking space within the premises
  • Did not form a co-operative housing society and handed over to members
  • Non-provision of water storage tank
  • Non-provision of proper ventilation and light
  • Delayed possession beyond the stipulated time limit
  • Not obtaining completion certificate from the concerned registered (by the authorities) architect
  • Non-issuance of Occupancy Certificate at the time of delivery of respective flats/house to its occupants
  • Non-declaration of expenses against which the developer collected money

And many more…

Any project falling short of above listed causes home buyers to approach for remedy from options available 1 to 5 

1) Cheating Case (EOW) - Jointly or Individually Legal Complaint

2) Cheating Case (EOW) with Private Complaint to the Metropolitan Magistrate (MM)

3) Specific Performance in High Court

4) National Commission if agreement value is more than 1 Crore (New Delhi)

5) State Consumer if agreement value is less than 1 Crore (Mumbai)

How to file a complaint against a builder in the Consumer Court? 

With builders coming under the clause of being a service provider, the process of filing a consumer court complaint against them is the same as with other service providers. To file a complaint, you need to adhere to the following steps:

  • Send a well drafted Legal Notice to the builder stating your reasons of discontent
  • Await for a response for the stipulated time from the other party
  • On no-response, prepare a petition stating facts and evidences with the help of expert legal advice
  • Approach the Consumer Court and file your petition against the builder

As per a judgement passed by the National Commission in the case of Jayantabhai Ranka and Arunaben Kapadia vs Ravi Developers, the Commission pointed out that the cause of action on the builder continues till the allotment of the site or full refund of money on refusal to allot.

This means, no matter how much the delay, the builder is liable to properly honour his service agreement. The other important point that this particular case also highlighted is that ‘each property developer is liable to execute an  agreement for sale’. And failure to do so can be a cause of action against the builder in the Consumer Court.

  • How to approach district consumer Forum
    The complaint can be made on plain paper and you can file it in person or through an authorised agent, after it has been notarised, through registered post or regular post. It is important that you serve a personal or legal notice to the opposite party before filing the complaint. You will need to file four copies, plus additional copies for each opposite party. And the complaint must be filed within two years from the date of the cause of action having arisen. The court fee for cases involving up to Rs 1 lakh is nil for those holding Antyodaya Anna Yojana cards and Rs 100 for the rest. For cases involving up to Rs 5 lakh the case fee is Rs 200, for case up to Rs 10 lakh the court fee is Rs 400 and for those up to Rs 20 lakh the case fee is Rs 500. The demand draft should be made out to the President, Consumer Disputes Redressal Forum, (name of) district.
  • How to approach state consumer Forum
    Cases where the value of goods or services exceeds Rs 20 lakh can be filed and orders of the district forum challenged here within 30 days of the order being passed.
    (a) Documents of record with correct name of all parties and their addresses;(c) More than four additional copies for each respondent for filing an appeal;(e) A statutory deposit of Rs 25,000 or 50 per cent of the award / compensation amount, whichever is less, is to be made by the appellant / opposite parties.
  • (d) Any conditional delay, interim orders and other petitions to be submitted along with an affidavit; and
  • (b) Certified copy of the district forum order;
  • The court fee for cases above Rs 20 lakh and up to Rs 50 lakh is Rs 2,000 while the court fee for cases up to Rs 1 crore is Rs 4,000. The demand draft should be made in favour of the registrar, (name of) state commission and be payable in that state only. To file an appeal you need the following:
  • How to approach National Consumer Disputes Redressal Commission
    A dissatisfied consumer can file a complaint directly with the national commission or appeal against decisions of the state commission within a month from the date of the order. The court fee is Rs 5,000 and the demand draft should be in the name of The Registrar, National Consumer Disputes Redressal Commission. There is no fee for filing an appeal before the state or national commission. You can appeal against the orders of the national commission in the Supreme Court within a period of 30 days.
Sl. No.Total Value of goods or services and the compensation claimedAmount of fee payable
District Forum
(1)Upto one lakh rupees – For complainants who are under the Below Poverty Line holding Antyodaya Anna Yojana CardsNil
(2)Upto one lakh rupees – For complainants other than Antyodaya Anna Yojana card holders.Rs.100
(3)Above one lakh and upto five lakh rupeesRs.200
(4)Above five lakh and upto ten lakh rupeesRs.400
(5)Above ten lakh and upto twenty lakh rupeesRs.500
State Commission
(6)Above twenty lakh and upto fifty lakh rupeesRs.2000
(7)Above fifty lakh and upto one crore rupeesRs.4000
National Commission
(8)Above one crore rupeesRs.5000

You may simultaneously approach EOW with legal advice along with Consumer Court Case

1) Cheating Case (EOW) - Jointly or Individually Legal Complaint

2)Cheating Case (EOW) with Private Complaint to the Metropolitan Magistrate (MM)

This option of specific performance in High Court is little expensive compare to Consumer Court but result oriented all you need a good Advocate and result can be expected in 4 to 8 months where as in consumer court it may take 12 to 24 months
This option is expensive as you have to pay court fees the upper cap of the court fee is Rs 3 Lakh the court fee structure calculation table is given for your reference

COURT FEE SLABS

SLAB-A = FIRST RS. 15,00,000 ----- RS 31,230.

SLAB-B = RS. 15,00,001 TO RS. 26,00,000------@RS 2,000/RS 1,00,000.

SLAB-C =ABOVE RS. 26,00,000--------------------@RS1,200/RS 1,00,000.

SLAB-D = FIXED --------------------------------------------------------RS 200

e.g. COURT FEES FOR RS. 30,00,000, 40,00,000, 50,00,000, 75,00,000 AND 1,00,00,000 ETC. CAN BE CALCULATED AS UNDER:- 

VALUESLAB-ASLAB-BSLAB-CSLAB-DTOTAL

(A+B+C+D)

30,00,00031,23022,000 4,80020058,230
40,00,00031,23022,00016,80020070,230
50,00,00031,23022,00028,80020082,230
75,00,00031,23022,00058,8002001,12,230
1,00,00,00031,23022,00088,8002001,42,230

The Court Fee Above 2CR 39LAKH is RS 300,000/- that means maximum court fee is 3 lakh only

For Court Orders in Favor of Home Buyers and Aggrieved Flat Owners in Redevelopment Project  click the link below

http://wakeupindia-designer.blogspot.in/2016/09/consumer-court-case-order-in-favor-of.html 

http://wakeupindia-designer.blogspot.in/2016/03/hc-pulls-up-aa-estate-pvt-ltd-arm-of.html

Issued in Public Interest by
Sulaiman Bhimani
9323642081
sulaimanbhimani11@gmail.com 

RNA Cartoon

 

"Victims of RNA Corp." OR Victims of Any Unscrupulous Builder, What are the options available for Home Buyer and Aggrieved Flat Owners in Redevelopment Project

How to File a  against a Builder, What are the options available 

Any citizen can file a case against a developer. There are several options and situations under which a property buyer can file a complaint. Types of complaints are:

  1. EOW
  2. Consumer case
  3. Suit for Specific Performance of Contract

On the following grounds in which a property buyer can drag an incompetent property developer on violations/ breach of ground

  • Non-execution of relevant sale agreement despite having received a substantial advance amount
  • Non-issuance of copies of all relevant documents viz.; development agreement, power of attorney, sanctioned plan (by concerned Regional Authorities), specification of construction materials/design as per sanctioned plan and any other relevant documents
  • Charged higher than the agreed amount
  • No issuance of proper receipt(s) against the paid amount
  • Poor quality construction
  • Delivering of a house not complying to agreed specifications
  • No free parking space within the premises
  • Did not form a co-operative housing society and handed over to members
  • Non-provision of water storage tank
  • Non-provision of proper ventilation and light
  • Delayed possession beyond the stipulated time limit
  • Not obtaining completion certificate from the concerned registered (by the authorities) architect
  • Non-issuance of Occupancy Certificate at the time of delivery of respective flats/house to its occupants
  • Non-declaration of expenses against which the developer collected money

And many more…

Any project falling short of above listed causes home buyers to approach for remedy from options available 1 to 5 

1) Cheating Case (EOW) - Jointly or Individually Legal Complaint

2) Cheating Case (EOW) with Private Complaint to the Metropolitan Magistrate (MM)

3) Specific Performance in High Court

4) National Commission if agreement value is more than 1 Crore (New Delhi)

5) State Consumer if agreement value is less than 1 Crore (Mumbai)

How to file a complaint against a builder in the Consumer Court? 

With builders coming under the clause of being a service provider, the process of filing a consumer court complaint against them is the same as with other service providers. To file a complaint, you need to adhere to the following steps:

  • Send a well drafted Legal Notice to the builder stating your reasons of discontent
  • Await for a response for the stipulated time from the other party
  • On no-response, prepare a petition stating facts and evidences with the help of expert legal advice
  • Approach the Consumer Court and file your petition against the builder

As per a judgement passed by the National Commission in the case of Jayantabhai Ranka and Arunaben Kapadia vs Ravi Developers, the Commission pointed out that the cause of action on the builder continues till the allotment of the site or full refund of money on refusal to allot.

This means, no matter how much the delay, the builder is liable to properly honour his service agreement. The other important point that this particular case also highlighted is that ‘each property developer is liable to execute an  agreement for sale’. And failure to do so can be a cause of action against the builder in the Consumer Court.

You may simultaneously approach EOW with legal advice along with Consumer Court Case

1) Cheating Case (EOW) - Jointly or Individually Legal Complaint

2) Cheating Case (EOW) with Private Complaint to the Metropolitan Magistrate (MM)

This option of specific performance in High Court is little expensive but result oriented all you need a good Advocate and result can be expected in 4 to 8 months where as in consumer court it may take 12 to 24 months

This option is expensive as you have to pay court fees the upper cap of the court fee is Rs 3 Lakh the court fee structure calculation table is given for your reference

COURT FEE SLABS

SLAB-A = FIRST RS. 15,00,000 --------------------------------------- RS 31,230.

SLAB-B = RS. 15,00,001 TO RS. 26,00,000-------@RS 2,000/RS 1,00,000.

SLAB-C =ABOVE RS. 26,00,000------------------------@RS1,200/RS 1,00,000.

SLAB-D = FIXED -------------------------------------------------------------RS 200

e.g. COURT FEES FOR RS. 30,00,000, 40,00,000, 50,00,000, 75,00,000 AND 1,00,00,000 ETC. CAN BE CALCULATED AS UNDER:- 

VALUESLAB-ASLAB-BSLAB-CSLAB-DTOTAL

(A+B+C+D)

30,00,00031,23022,000 4,80020058,230
40,00,00031,23022,00016,80020070,230
50,00,00031,23022,00028,80020082,230
75,00,00031,23022,00058,8002001,12,230
1,00,00,00031,23022,00088,8002001,42,230

For Court Orders in Favor of Home Buyers and Aggrieved Flat Owners in Redevelopment Project  click the link below
http://wakeupindia-designer.blogspot.in/2016/09/consumer-court-case-order-in-favor-of.html 

http://wakeupindia-designer.blogspot.in/2016/03/hc-pulls-up-aa-estate-pvt-ltd-arm-of.html

Issued in Public Interest by
Sulaiman Bhimani
9323642081
sulaimanbhimani11@gmail.com 

RNA Cartoon

Mumbai, 30th August, 2016: To recover its Rs 100 crore project loan to RNA Exotica before it becomes a bad debt like BOI's loan and SBI's loan, Axis Bank is pressing the panic-button and threatening flat-buyers to immediately pre-pay large amounts (like Rs 25-50 lakh), forgetting about slab-completion schedules. Axis Bank has recently written strangely worded letters to RNA's Skyline Construction Co in respect of each and every flat (see specimen), saying that unless the entire remaining amount of the flat's consideration is remitted to its designated account, RNA Corp will not be allowed to sell the said flat to the name of the buyer. These letters, which are supposedly "No Objection Certificates" for the sale of flats to the purchasers, are being lovingly forwarded by RNA Corp to the individual flat-buyers with a tiny email (see example). Axis Bank's relayed letter is like holding a gun to the heads of helpless flat-buyers and saying: "Pay everything right now! Or else you will never get your flat!" And RNA Corp's forwarding email seems to suggest, "Yes, forget about installment payments based on slab-completion schedule. Just pay 100% right now".

In fact, Axis Bank's letter has come as a jolt to many buyers who were unaware that their flat was mortgaged by RNA to Axis Bank! Hundreds of RNA Exotica's buyers are suffering from sleepless nights, trying to figure out what course of action will be in their long-term interest. "Should we just pay the remaining amount to Axis Bank, so that it will release the lien over our flats? Or should we continue to pay in installments according to slab completion stages? Or should we go to Consumer Court? Or Civil Court? Or High Court? Or what?!!!" They are at a loss as to what to do next!

Axis Bank Threat

[NOTE: In our earlier article titled How RNA Corp taught ExoticArithmentic to Axis Bank, we revealed how Skyline Construction Co mortgaged unsold flats of RNA Exotica in 2011 and 2013 based on hugely inflated and completely unverifiable figures. Axis Bank gave the builder a Rs 75 cr line of credit in March 2011, and beefed it up to Rs 100 crore in March 2013, although the value of the collateral fell sharply.

Also, in RNA Exotica: Nine ways buyers got screwed, we analyzed the negative implications of the sale-purchase agreement.]

Now let us analyze the letter written by Axis Bank, supposedly addressed to Skyline Construction Co., but actually addressed to the flat-buyer directly. The subject line says, "No Objection for Release of Charge for Sale of Flat no. XXX in Building no. B Wing of RNA Exotica in favour of Mr YYY." The letter goes on to say:

  • RNA Exotica has been mortgaged exclusively to Axis Bank for a sanctioned line of credit of Rs 100 crores.
  • The said flat no. XXX is sold/proposed to be sold to Mr. YYY for a total consideration of Rs 1.8 crore (or some such amount), and that "We have been requested to issue our NO Objection for the said sale".
  • "We wish to inform you that we have No Objection for Release of Charge on the said premises to enable you to sell the said premises to said Mr YYY... subject to the specific condition that the total consideration mentioned above shall be deposited in designated account no ABCXYZ maintained with the Bank. Provided that if the Bank is not in receipt of the said sum of Rs 29.26 lakh in the designated amount as aforementioned, this NOC shall not have any effect and shall be deemed to be cancelled... and the charges over the said premises shall not stand released."

No, this is not really a "No Objection" letter; it is actually an Objection letter from Axis Bank to the flat-buyer with whom it really has no direct connection, and as such, it is illegal. As Axis Bank has given a project loan to the builder and not a home-loan to the buyer, it has no business communicating with the home-buyers.

IMPLICATIONS OF AXIS BANKS'S LETTER:

  1. REGISTERING OF SALE-PURCHASE AGREEMENTS MAY BE HELD UP. Home-buyers who already have a registered sale-purchase agreement are slightly more safe. But, for those buyers who only have an Allotment Letter from the builder, this letter implies that they will not be allowed to register their agreement until they have paid 100% of the consideration amount and got an NOC from Axis Bank.
  2. CONFLICTS WITH HOME-LOAN LENDING BANKS. Home buyers who have taken a home-loan from another bank may be in a fix. Their bank will insist on releasing funds only according to slab-completion, and therefore, they will never get Axis Bank's NOC until the final payment is made... and so, they may have to wait till that stage for registering their agreement.
  3. HUGE PRESSURE ON SELF-FINANCED BUYERS. On the other hand, home-buyers who did not take a home-loan may feel under pressure to pay the entire remaining amount of Rs 25 to 50 lakhs, or even more, all at once. Do they have the capacity to pay such amounts immediately?
  4. PAYING 100% NOW MEANS BEING AT THE BUILDER'S MERCY. If home-buyers succumb to the temptation of making 100% payment at this stage, then what financial power do they retain in their hands? After paying 100%, they are totally at the builder's mercy. Currently, construction activity is going on at the 33rdfloor slab. Even if one assumes that the building is only 35 floors (and not 40 floors), a huge amount of construction work still remains, namely brick-work, plumbing and drainage, electricals, plastering, flooring, interiors, fixtures, lifts, stairs and common amenities such as clubhouse, etc. etc. At least two more years of work -- or about 50% of the work – is still remaining to be done before the flat-owners can get possession. What if Skyline Construction Co stops work and claims that it has run out of money? What if it demands more money – say another 20 lakh per flat – to complete the project? Going to court may not sound like such a good option then, and flat buyers will be left with no option except to pay whatever the builder asks.

What is the solution to all this? One possible solution could be that flat buyers should pay this amount to Axis Bank, but only after filing a civil case and after RNA Corp gives an undertaking to the court that they will complete the project within a deadline. Groups of flat-buyers are reportedly planning to take some such step, although these discussions are still at a preliminary stage.

Aagey dekhiye, iss dhaaravahik ki Ugly kadee!

ISSUED IN PUBLIC INTEREST BY

Krishnaraj Rao

9821588114

krish.kkphoto@gmail.com

WITH MAJOR INPUTS FROM

Sulaiman Bhimani

9323642081

sulaimanbhimani11@gmail.com

Mumbai, 30 June 2016: Hundreds of savvy and well-educated flat buyers have purchased "luxurious" flats in RNA Exotica without noticing what their sale-purchase agreements clearly says: that RNA Exotica is actually a large and shabby slum rehabilitation scheme with a tiny island of rich flat-buyers. The rich people's housing project is married and tied to the rehab component in the same undivided compound -- a marriage made in hell! Not just RNA Exotica's sale-purchase agreement, but also project layouts and plans presented to MOEF, give a birds-eye-view of this nightmarish neighbourhood. With clever advertizing, a tight-lipped sales staff, and several clauses in the sale-purchase agreements that forbid investors from asking the right questions, RNA Corp has been consistently misleading its investors for many years. A prospective home-buyer never gets to read the true facts before he is inside the builder's trap!

So let us take a close look at all the ugly truths that the sale-purchase agreement reveals. As a specimen, take the sale-purchase agreement of actor Arif Zakaria (Flat no. 1903, D-Wing).

Inline image 1

NINE WAYS THE BUILDER SCREWED YOU:

  1. RNA Exotica is a Apartment and Slum Rehab Project in a single compound, so you can't object to general public and outsiders in your compound. The agreement makes sure that flat-buyers will have no right in future to object to the rehab building and car park constructed adjoining RNA Exotica, in the same compound. This clause tells flat-buyers in no uncertain terms that the public parking being constructed on the rehab building is not available for their cars. Read this on page 13 and this on page 21 of the registered agreement. So, the proud flat purchasers should know from this clause that their building compound is only semi-private, unlike most of the apartment compounds that are completely private.

  2. RNA Corp can construct anything on top of your flats, so keep quiet and mind your business. The agreement gives the builder the unlimited right to build anything on top of the "top floor" flat, and the flat-purchaser must keep mum about it. In other words, the builder can continue to commercially exploit any increase in FSI or any changes in rules, even if it causes great delay, inconvenience and losses to the flat-buyers, and the only thing that they can do is smile and feel privileged about owning a luxury flat in RNA Exotica.

  3. RNA Corp can construct servants' toilets, septic tanks, electric sub-stations, closed garages, etc. etc. anywhere in the compound or in the building, so shut your nose, mouth and ears.The ground plans or floor plans shown in the agreement can and will be extensively changed to suit the builder's requirements, and this is plainly stated in the agreement itself. All kind of noisy, smelly or intrusive structures can and will be constructed in various parts of the building and compound where you live, including the same floor where you live, but you cannot object on any grounds because you have signed on an agreement that ties your hands. Your rights as a flat-buyer are restricted to the premises that you have purchased, and not, as is the case in other building projects, the common amenities.

  4. RNA Corp can and will create third-party rights and entitlements to various parts of your building and compound, including clubhouse and various parts that you may mistakenly consider as your common amenities. Read this point carefully again, and you will see that this clause is not just a routinely-drafted formality, but is cleverly drafted to take away all your legal rights.

  5. RNA Corp can decrease the common areas and facilities in your building, and you waived your right to raise any objections.People book luxury apartments not just because of spacious flats, but because of spacious and well-designed common amenities and facilities. These amenities and common spaces are factored into the price of the flat as "super-built-up area". But, after paying lakhs of rupees up front to book a flat in RNA Exotica, buyers are informed by their registered agreement on page 37 that the common areas cannot be taken for granted, and they have no right to object!

  6. You unknowingly gave a power-of-attorney to RNA Corp to sign legal waivers on your behalf before all government authorities, without even informing you. According to this clause, the developer need not consult you or even inform before making big or small changes in the plans, because he can always sign an indemnity or undertaking on your behalf to tell the government that you are OK with anything that he does!

  7. You have surrendered your right to independently verify title and ownership of the plot of land on which RNA Exotica is built... because agreement says you have already verified it and satisfied yourself! Mr flat-buyer, when you signed on every page of the agreement in the Stamp Duty Registrar's office, you definitely were not looking for tricky clauses like this one. But here is a clause on page 17 and another on page 25 that says that you have already verified the title and satisfied yourself, and now you have agreed not to investigate any further, or raise any objections.

  8. Possession date is deliberately left blank. Therefore, you have no way of holding RNA Corp accountable for delay of several years, although there is technically a clause for delays. Read this clause on page 37 and its continuation on page 39.

  9. RNA Corp can allot you car parking according to their own sweep pleasure, and you cannot object. The builder may allot you a really shitty parking in the basement, podium or stilt, and the builder may sell favourably-positioned parkings to others. You have no right to object. Read this clause on page 41.

So, Mr and Mrs Flat Purchaser, it is only in theory that you bought a luxury apartment in RNA Exotica. Your luxury apartment exists only in pretty advertisements. The fact is, you just bought a 2BHK or 3BHK in a shitty slum rehab neighbourhood overlooking the railway tracks, and you signed up on a document that says that you have no right to keep the people of your neighbourhood and sundry public from accessing your compound... and you have no right to object to this entire scheme of things. The only thing you can say now is, "It was nice being screwed by you, Mr Anil Aggarwal."

Inline image 2

Sincere thanks to Sulaiman "Superman" Bhimani (9323642081) for his continuous detective work, which enabled and motivated me to write this article.

ISSUED IN PUBLIC INTEREST BY

Krishnaraj Rao

9821588114

krish.kkphoto@gmail.com

3

Mumbai, 5th March, 2016: Last week, one of RNA builders' thousands of cheated flat-purchasers sent the builder a legal ultimatum, and started taking steps for going to court after discovering that their promised 17th floor flat in RNA Regal, a project in Kandivali West, is the proverbial pie-in-the-sky! In February 2011, Sandeep Kothari and Apeksha Khabiya, a non-resident couple based in Doha-Qatar, booked a spacious 17th floor flat in RNA Regal, based on the builder's promise that they would get possession within three years. The couple planned to return to India to live in this spacious 1365 sq. ft. dream house. After paying nearly Rs 30 lakhs up front as initial booking amount, the couple was kept in the dark by RNA Corp which fed them a steady diet of outright lies during the three-year waiting period. Every time the couple phoned RNA Corp, they were informed that the project was making satisfactory progress. In the end, the couple's rude awakening consisted of not one, but three shocking jolts!

Shock # 1: When the promised possession date arrived in March 2014, Sandeep and Apeksha were shocked to learn that no further progress had been made in three years, and that the project was practically at a standstill at “25% progress”, the same as the time when they had booked the flat in Feb 2011. Today, two years after making this shocking discovery, they are still no closer to getting their dream house.

Shock # 2: Almost five years after booking the flat and two yearsafter the promised possession date (March-April 2014), the couple was shocked to discover documents through Right To Information that showed that RNA Regal didn't even have BMC permission for going up to 17 floors and above!

Shock # 3: The couple recently sent their authorised representative to visit the site and make a first-hand observation about whether the construction work is in progress. They were traumatised to learn that no construction activities were going on, and the plot where RNA Regal was expected to come up, was partly blocked by slum dwellers. The authorized representative estimated that the encroachment by slumdwellers appeared to be two to four years old.

These are many causes for worry, not only for Mr and Mrs Kothari, but also for all the flat buyers in RNA Regal! RNA Corp's owners, namely the late Anil Aggarwal, as well as his sons Anubhav and Gokul Aggarwal, have evidently been keeping a large number of buyers in the dark.

Read the legal notice issued by GC Mehta and Associates on behalf of Mr and Mrs Sandeep Kothari: http://tinyurl.com/RNA-Regal-Kandivali

RNA Regal

How the NRI couple was cheated by RNA Corp:

  • The NRI couple booked a 1365 Sq. Ft. Flat on the 17th floor of RNA Regal, by paying Rs. 29.98 lakhs between February and June 2011 against the builder's demand for Rs. 29.28 lakhs, being 25% of the flat's total cost, along with expression of interest. Against this, the builder issued a letter of allotment.

  • The NRI couple made this booking based on the builder's representations that they would get possession of the flatwithin three years e. in the first quarter of 2014.
  • Afterwards, the NRI couple regularly followed up the progress of construction of RNA Regal and were assured by the builder's office that the project was satisfactory progressing.
  • When the date of possession arrived in March-April 2014, RNA Corp informed the NRI couple that still, only 25% of the construction was complete, and the project was stuck due to some “additional statutory requirements”.The couple was assured that efforts were being made and the necessary clearances would be obtained soon.
  • Upset at being kept in the dark until their promised possession date, the NRI couple now started enquiring about the project status by email on a regular basis.
  • In an email dated 4th April 2014, the builder assured that that construction work would resume by June 2014.
  • In an email dated 14th June 2014, the builder claimed that the approvals are expected within 10-15 days.
  • In an email dated 2ndJanuary 2015, the builder said that the necessary approvals would take another 2-3 months.
  • Later on, the NRI couple's emails dated 31/07/2015, 04/08/2015, 06/08/2015, 07/08/2015 20/08/2015 and 23/08/2015 and letters dated 08/12/2015 and 05/02/2016 were acknowledged by the builder's office only with great reluctance, but they all went unanswered.
  • Whenever the NRI couple or their authorized representatives visited India, they made it a point to visit the builder's office to inquire about the progress on this project and understand the earliest date of their getting possession, so that they could permanently return to India and live in this house. But during their every visit, the NRI couple were told about some or the other kind progress as well as difficulties that the RNA Corp had been facing. RNA Corp continually made promises, but there was no performance to back up these promises.
  • In spite of repeated requests, RNA Corp did not fulfill their obligation for executing a registered Agreement for Sale.
  • The NRI couple got a huge shock when they learned through RTI thatRNA Corp had not even obtained approval for constructing a building with 17 or more floors!
  • The Kotharis requested their authorised representative to visit the site and make first hand observation about the actual progress and whether the construction work is in progress. They were traumatised to learn thatno construction activities were going on and the plot where RNA Regal was projected to be constructed was partly blocked by slum dwellers. This encroachment appeared to be 2 to 4 years old!

Driven by all these unpleasant discoveries, Sandeep Kothari and his wife Apeksha have now reached the inescapable conclusion that RNA Corp has cheated them by retaining their money for more than five years, and has kept on making false statements as well as promises, which entitles them to invoke all legal remedies against the builders, especially under Consumer Protection Act, 1986.

For more details on this case, contact Advocate GC Mehta (Mob 9820141178 Email advocategcm@gmail.com)

Postscript: Of late, RNA Corp has been in the news for failure to fulfill legal obligations to various stakeholders, including flat-buyers, project-affected-persons, lending banks, and multiple government agencies such as MCGM and MMRDA. After years or even decades of slippery behaviour by the late Anil Aggarwal and his sons Anubhav and Gokul, the patience of many stakeholders appears to have run out completely.

ISSUED IN PUBLIC INTEREST BY

Krishnaraj Rao

9821588114

krish.kkphoto@gmail.com