[Resolved]  Unitech Ltd., — Cheating and Non refund of money paid

Address: Uttar Pradesh

Please read on to see how Unitech has cheated me.
What is more surprising is the fact that these people are advertising daily for new projects and luring innocent investors.
It happens only in India

That you being a Company duly constituted under the Companies Act and claim to be in the business of Real Estate Development in various parts of the country. That you have been advertising in different national news papers about launch of your residential and commercial projects inviting general public to invest in your ventures.

That in the year 2008 you launched a project in the name o[censored]NIWORLD CITY at Greater Noida inviting applications for allotment of residential flats, in this scheme my clients were also induced to invest on the false assurances of yours. That in the month of June, 2008 my clients were allotted a flat vide allotment letter dated 04/06/2008, my clients were allotted Apartment No. 0204 on second floor in Tower 17 in Uniworld City - Capella, Greater Noida.

That the said apartment was allotted at total sum of Rs. 69,39,986/- (Sixty Nine Lacs Thirty Nine Thousand Nine Hundred Eighty Six Only) out of which a sum of Rs. 4,00,000/- (Rupees Four Lacs Only) where paid by my clients on ______ vide cheque No. 397275 drawn on HDFC bank dated 19/5/2008 , a receipt against the said payment was issued in the name of my clients dated 21/06/2008 and Rs. 231125/-(two lacs thirty one thousand and twenty five) vide cheque No. 994004 of HDFC Bank, dated 31//5/2008.

That at the time of booking my clients were informed that under a subvention scheme (Baisakhi offer) ICICI bank will disburse a loan for the above property and as my client agreed and signed a tripartite agreement between your company, ICICI Bank and my clients dated 08/07/2008. That as per the terms of the agreement ICICI Home Finance disbursed a loan of Rs. 60,15000=00 on 05/07/2008. That in the above agreement regarding payment of interest amount the loan amount released by ICICI HFC Ltd., for a period commencing from 1/7/2008 to 20//2011 was signed by my clients , Unitech and Mr. Sachin Garg, Branch Credit Manager of ICICI HFC Ltd.

That you assured my clients that the possession of the above said flat shall be given latest by 40 months from 09/06/2008 and you kept on telling my clients that the project is going on as per schedule. That on believing on your false assurances my clients personally never visited the project site and waited to get the possession of the said flat on time. That in between you started avoiding my clients communications and stopped sending any information or updates on the said project this raised a suspicion in my clients mind hence on the 02/11/2010, my clients visited the site of the said project and to their utter dismay they were informed by the security personnel that the Uniworld project had never taken off and when my clients tried to meet any of the company officials at site they were told that no one from the company visits the present site and they even do not have the site office.

That shocked and dejected my clients then approached your Noida office on 02/11/2010 and after much persuasion one of the official of your company Ms. Jasleen Singh (Customer Relations) agreed to meet my clients. That the said official for the first time admitted before my clients that the said project was scrapped and never took off. That on hearing this my clients protested and raised the question that why were they not informed and at that time said Ms. Jasleen Singh offered a alternative flat in their other project to the members who had booked at Capella.

That in furtherance to their discussions Ms Jasleen Singh sent an email about the alternative flats in your different projects. That my clients evaluated the said alternatives suggested by your official and declined to accept any of them as they were far inferior to the one my clients opted for. That my clients opted for the present project because of the location and quality of the said project as projected by you hence it was not acceptable to my clients to shift to any other location.

That since my clients declined your offer of alternative accommodation you have been avoiding all communications from my clients side and even your officials refused to meet or talk to my clients on this issue. That on 23/11/2010 my clients sent out a letter to you via registered post and a copy of the same was sent to ICICI Home loan Department but you have not sent any reply to their letters.

That from the month of November my clients started receiving calls from ICICI collection branch for payments of installments hence having apprehensions in mind my clients brought a statement of their loan account from ICICI bank and found out that your company had not paid the EMI as per the agreement dated for October 2010. That because of your negligence my clients are being harassed by frequent calls from ICICI collections department without any fault on their part.

That by your conduct and acts it seems that you have willfully cheated my clients and have induced them to invest in your project which never took off and have misappropriated my clients hard earned money. That you have criminally breached the trust of my clients and have played fraud on them by giving false assurances to them of handing over the possession of a flat in the above said project. It seems that from the very beginning your intensions were to cheat my clients. That my client reserve the right to bring further facts, contend claims as so desire at appropriate time.

That you all the above mentioned addressee are responsible for the day today working o[censored]NITECH LIMITED. And in the backdrop of above said developments and the various communications both written and oral made to you in this regard of which my client has received no reply, I hereby call upon you to pay within a period of 15 days from the date of receipt of this notice:
a. a sum of Rs. 788905(Rupees Seven Lacs eighty eight thousand nine hundred and five only) along with the interest at the rate of _10% p.a. calculated from the date of payment till realization and in addition;

b. a sum of Rs. _______ (Rupees ______ only) and compensation for delay @ 1.25% p.m. of the total value of the FLAT w.e.f. 04/06/2008 till the date of actual payment
Please take notice that in the event of you not complying with the above said I have definite instructions from my client to initiate appropriate legal proceedings both civil and criminal against you at your costs and expenses. A copy of this notice is been kept in my office for future reference.

Please help me get my money back.
Thanks and regards,
Jyoti Pran Khanna