Unable to get refund from Greencity Noida for Cancelled Plot in Bhiwadi Project

I had made an invetment of Rs, 2 Lac 25 Thousand as the registration amount for a residential plot measuring 200 Sq. yards under soft launch with Greencity Buildtech Pvt. Ltd (Noida) in their Bhiwadi project. As per the agreement between me & the company it was stated that the compay will offer allotment within 9 months of registration but it has not been able to fulfill the same when it has been 18 months since the regitration. After having followed time & again with the company with regards to the allotment & not getting a proper answetr I decided to cancel the same & request for a refund on 24-Dec-2007. Again as per the agreement the company should have made the refund of the registration amount along with due interest @11% in 1 month.

But it's been 3 months & inspite of my constant follow up I have not been refunded the registration amount which makes me feel that the companies intentions are malafied & dishonest.

I am a senior citizen and need the refund urgently.I have all the paperwork including the follow-ups that I have made with company in order to get my refund, request you to help me in this regard.

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I have a similar eperience. Here is my complaint which is addressed to Economic Offences Wing, Crime Branch, New Delhi:

Dear Sir,

I had booked a 500 square yard plot in Sept� 2006 with GeenCity Buildtech Pvt. Ltd. A-3, Sec-59, NOIDA ( details of booking--annexure 1) at their Bhiwadi NRI City project with a view to build my house. I had paid a booking amount of Rs. 500,000/- ( Rupees Five Lakh) in Sept�2006 and was informed by their dealer, Raj Properties, that I would get the allotment in early 2007 after the Rajasthan Govt. gave its approval of 90-B--i.e. the license, to the builder. However, M/s GreenCity failed to obtain the requisite license and the delay is already over one year.

As per the agreement with Green City through their dealer Raj Properties, in case they are unable to offer allotment for whatsoever reasons within 9 months of application, they are liable to refund the full amount of Rs.5 lakh plus 11% simple interest i.e. from May�2007 onwards (i.e. 9 months from the date of booking) upon 30 day�s notice by me (annexure-2-clause-c). So how can they withhold my refund?

I met Mr. Jitendra Chowdhary (M.D of Green City) twice�once in Dec�2007 and again in Jan�2008 and he assured me that I could take my refund. On 3rd Jan� 2008, vide my letter (annexure-3) I requested cancellation and refund. However, his staff insisted a formal application for refund as per their format�which I could, with great difficulty finally give on 8th Feb�2008 (as there was reluctance from staff to receive it).

Earlier in Feb� 2008 when I used to call their staff, there were a lot of excuses like �income tax raid at our office�, �we are not giving any refunds as there is no money�, �M.D. has refused refunds�, � such and such staff is on leave�, �all staff has gone to Vaishno Devi� etc. Later their staff blocked all communications---they did not pick up their mobile phones (Nos. 9910340004, 9910897116, 9910398567 etc.) despite my having called them 50 to 60 times in the last one month�of course they never got back to my missed calls. Even their receptionist (tel.no.95120-4069999) says she cannot fix my meeting with the M.D. as his itinerary is never known. Since mid- Jan� 2008, they have either cooked up cock and bull stories so as not to pay up the refund and as of late they have successfully thwarted all my efforts to communicate with them. Even his dealer Mr. Vijay Arora of Raj Properties, Sikanderpur, Gurgaon, has stopped taking my calls and is incommunicado

This builder is a cheat for the following reasons:

1. Pre-launches are banned by the Govt.�but he collected money from the public which was illegal. Frankly I was taken in by the high pressure advertisements in dailies like the Times of India and Hindustan Times which appeared continuously and frequently for months. When I booked it I admit I didn�t even know there was a ban on these pre-launches. Later I was surprised how the Government was allowing this hoodwinking by such builders.

2. The 306 acres of land that he claims he owns in Bhiwadi is neither in his name nor in the company�s name. Upon my insistence, I was shown some photocopies of land sale-purchase deeds of some fragmented pieces of land now in vague names that he claims to be his cousins� or relatives�. So where is the land? And how much? To deceive people he has put a �Green City� billboard on a one acre piece of land in Bhiwadi almost 8-10 kms before where his relatives may be holding some land in their names. Other builders like Piyush City and M-tech who started at the same time and were more genuine have already got approvals and made considerable progress. The intentions of �green City are, however, suspect!

3. He has been fooling us for over one year that the license is just a month or two away. In Oct�2007 he admitted the delay and offered to transfer our money to his other projects (annexure-4).

4. Fearing that investors are getting restless and will ask for their money, to allay their fears, the builder has now, in March�2008, issued some frivolous and phoney offers of allotment (annexure-5) to investors without even getting Rajasthan Government�s approval for the project. Where is the land in Green City�s name?

5. A similar thing had happened when last year in Mar� 2007, he asked us for the 1st instalment ( actually 2nd if booking is considered 1st ) which he should have asked only after offering allotment ( as per what his dealer had assured us at the time of booking). To entice investors he offered a lollipop�a 5% discount as �Holi Bonanza� (annexure6)�and some people got fooled and actually paid up but regretted.

6. Progress in his other projects in Panipat, Dharuhera, Agra is almost nil despite his claim of licenses having been approved. There is only one sample flat in Dharuhera to entice more investors. His motto is--talk big to collect maximum money from fooled investors-but do little so that no money is ever spent. God only knows (actually the Govt. should) where all our money has been siphoned and what he is doing with it! He has been claiming that his upcoming projects are Ghaziabad, Jaipur, Lucknow, Meerut, Mohali, Rohtak, Sonepat, NOIDA, Greater NOIDA, Gannaur, Kundli, Rewari, Neemrana�actually none of these are in sight or in existence. These are apart from Bhiwadi, Panipat, Agra, and Dharuhera, his ongoing projects where too progress is negligible. So he claims seventeen projects without even owning land at most of theses places. And of the little land where ever he owns, actual progress is nil. This itself is reason enough to believe that this builder is a big time fraud and will vanish with our money.

7. Another suspicious move of this builder is: He has closed down two of his three offices. Delhi office: 1008, Ansal Bhawan, New Delhi has been shut down and so has been his branch office: J-10-11, 2nd floor, sector-18, NOIDA (see bottom of older letter�annexure-5). Only his corporate office-- A-3, Sector-59, NOIDA remains now. After having collected huge money from the public during the property boom, will this builder do the vanishing act soon? Will he loot our hard earned money and scoot?

8. When one investor asked for his money with interest, the M.D. Mr. Jitendra Chowdhary and one of his friends (who claimed to be a lawyer) even claimed that he is not liable to pay any interest to investors as the so called agreement does not hold ground as per law and is a useless piece of paper. And as we looked up our papers, we have discovered that this street-smart cheat has resorted to another trick. The paper has been made to show as an application by us for booking the property with clauses and the paper has been only stamped by the dealer, Raj Properties, with no signatures by the dealer or builder (annexure-2) ---very smart�so the intention to cheat and fool the gullible public was already there in Sept� 2006 when I booked the plot. This we have discovered now to our dismay.

9. For the past 3 months he has been resorting to dilatory and very evasive tactics. He is not releasing/ refunding my hard-earned money over which he has no right whatsoever. The deal has fallen through as he has not been able to deliver his promises. Even his dealer, Vijay Arora of Raj Properties has stopped taking my calls and is incommunicado.

From the above facts and incidents, I am convinced that Mr. Jitendra Chowdhary, M.D. and his staff is a bunch of thugs and cheats. I request you to kindly investigate/ register a criminal case against him and his company and help me get my hard-earned money back before he goes underground.

Thanking you,

Sincerely,

Satish Sharma, IA&AS,

C-2/2499, Vasant Kunj,

New Delhi-110070 Tel. Nos.: 98103-78044, 2689-6578, 2613-4842, 4214-8154