Gaursons Realtech Pvt Ltd - Refund payment from builder on cancellation.

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Jago Grahak Jago Complain ID : JGJN031751   196  

Real Estate Complaint  Complaint Date : May 11, 2018
  • State :  Delhi
  • City :  South Delhi
  • Address: B-39, Krishi Vihar, J.B.Tito Road, New Delhi-48

The following facts are submitted for redresal of my complaint:
1. That one residential unit no. E-434 (4th Floor, Block-E) of 1000 sq. ft. super built area in proposed group housing project at 16th Park View, Gaur Yamuna City, Sec-19, Gautam Buddh Nagar, has been allotted in April, 2014 to me by Gaursons Realtech Pvt Ltd having their corporate office at Gaur Biz Park, Plot No-1 , Abhay Khand II, Indirapuram Ghaziabad-201014.

2. That I deposited total amount of instalment of Rs. 12, 45,328/- as 40 percentage of the total cost (10 in September, 2013 and 30 in April, 2014). But, due to my financial constraint I could not pay further dues of the amount of Rs. 5,29,264/-, as asked by Gaursons Pvt Ltd on 18.10.2014. Therefore, I informed my inability for further payment and requested to Gaursons Pvt Ltd times and again since April, 2015 to cancel my unit and get back the refund to me at the earliest.

3. That in response to my repeated requests for cancellation dated 06.04.2015, 07.05.2015, 18.06.2015, 28.07.2015, 19.04.2016, 20.05.2016 and 08.07.2016, I was informed by Assistant Manager, CRM of Gaursons Company through email dated 21.09.2016 that the booked unit had been cancelled and opened for sale in the market, as soon as the builder received the new booking against my unit, it would initiate the refund process and whenever cheque got ready they would inform me.

4. That there is no such clause in the terms and condition at the time of allotment of the unit that refund would be paid back on cancellation subject to the resale of that unit. As the unit held by I have already been cancelled and there is no terms and condition on allotment of the unit, which prohibits the refund the deposited amount to him forthwith, Gaursons Pvt Ltd had no other option but to remit the refund on cancellation. But Gaursons is unwilling to pay the refund on the excuse of resale of the unit.

5. That refund of the deposited payment had earlier been made to an individual after deducting 01% of total cost, while my request was pending with Gaursons Pvt Ltd.

6. That I have also informed Gaursons Pvt Ltd that my financial condition has also been deteriorated, as my father had faced severe fracture on the joint of femur and pelvic cuddle in January, 2018 and it needed immediate operation as advised by the doctor. In spite of my repeated requests no refund has been remitted from Gaursons. As such, I had no other option but to borrow money for his operation. But I could not save my father and he expired. This added more burden of borrowed money and I am now in deep financial crisis. The refund of deposited amount to one needy person like me without any discrimination may not perhaps lead to great loss to the company, but I will be relieved from stress in harrowing position due to financial crisis.

7. That I have repeatedly requested for refund vide letter dated 07.11.2016, 17.01.2017, 16.03.2017, 19.05.2017, 06.07.2017, 03.08.2017, 25.09.2017, 17.11.2017, 12.01.2018, 05.03.2018 and 16.04.2018. Gaursons Pvt Ltd only stated upto last year that refund process will be initiated after resale of the unit and now your company is just informing from this year that my request is under process. Even after lapse of about two year from cancellation of my unit, refund has not been paid to me so far.

In view of the circumstances explained above, my deposited amount of Rs. 12, 45,328/- is needed to be remitted by Gaursons Realtech Pvt Ltd immediately with interest from the date of cancellation of my aforesaid unit.

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