Reported By: naandkumarr
Contact information:
Sri Swastik Group
SHRI DARPAN SHAH , CHIEF EXECUTIVE /COORDINATOR,, Virar West Maharashtra
To,
His honorable shri hemant mhatre,
Chairman vasai vikas sahakari bank limited
Vasai vikas sahakari bank ltd.
Head office
Vasai vikas bank bldg., solitaire castle,
Opp. G. G. College, near vasai bus depot,
Vasai, dist. Palghar – 401201
Tel :2502536
Tele-fax : 0250 – 2310211
Also
Shri hemant mhatre respondent no.7 as 7 th partner in sri swastik group
Company partnership company with 12.5% share *
Also
To,
Shri darpan shah, chief executive /coordinator,
Sri swastik group 2 nd floor, gulmohar plaza, near divekar hospital,
Viva college road virar west, thane, maharashtra -401303, india
Website : swastikspaces.com
And
To,
All respondents,
All partners of sri swastik group
(Partnership company),
Respondent no.1 first partner dhaval
Vijay kamdar as 15% share
Respondent no.2 second partner’
Nishal harshadrai desai as 15 % share ‘
Respondent no.3 third partner ranjan
Vijay kamdar as 7.5 % share
Respondent no.4 fourth partner vijay
Kamdar as 7.5% share
Respondentno.5 fifth partner satish
Motiram pednekar as 7.5% share
Respondent no.6 sixth partner deepak
Puroshottam shah as 12.5% share
Respondent no.7 seventh partner
Hemant ramesh mhatre as 12.5 % share
Respondent no.8 eight partner pankaj
Bhaskar thakur as 12.5% share
Respondent no.9 ninth partner kishore
Dattatraya naik as 12.5% share
Head office and registered address as
:a/19, mirza shopping center, opp
Railway station, virar east -401303
Tel no. 2520222, 2520333,
Refrence tothird notice of demand
For rs.5, 94, 979/- for return of our
Payemnt as per our emails dated
24/06/2019, 16/07/2019, 18/07/2019
This is w. R. T above kindly note that i, naandkumarr
Janardan bagwe, now hereby serving you this
Show cause notice with respects to above
Correspondence
Kindly note following points :-
1) your sales people approached me regarding
Purchase of flat no. C 203 in aster building
Nalasopara west and based on their negotiations and
Assurance., promises of your company and i had
Trusted on them and your company and all of your
Partners thinking they are of high reputation and
Good standing in nalasopara, vasai, virar areas
And made the booking of same flat by making
Payment of rs.51, 000/- and you had in lieu of that
Had issued me receipt of rs.51, 000/-on
28/07/2005 it self and got my cheque credited to
Your bank account and also got booking form filled
By me showing the
Same, flat is booked for me and i will get the same flat
When ready, but to my surprise you all had sold the
Same flat to other customers and never bothered
To inform me also.
2) this fact was also kept secret from me for long
Time but when on persistent insistence of that,
I came to know the truth, then i had requested
You toimmediately return my booking amount, but
It never returned to me ever till date also., which is
Very pathetic situation and shows your attitude also
How you cheat customers like me in not returning
Booking amount for last 14 years also, whichi had
Toput on record here may be you do not want to follow
Law of this country in true spirit is evident now
3.) on back side of receipt of rs.51, 000/- you had
Mentioned as below :
“
Terms & conditions
1. The payment is accepted subject to terms and
Conditions stipulated in the booking form
Submitted by the intending purchaser.
2. The payment is accepted against the tentative
Booking and final booking would be confirmed by
Us after some time.
3. We shall have the right to refund this amount \
Before the booking is confirmed by us, or even
After the booking is confirmed if the purchaser
Commits any default in payment of the
Subsequent installments”
4) i want to put on record here as told you many
Times i had never received any confirmation letter
From you on this subject ever once you all had pocked
Rs.51, 000/- then from my self. On 28/07/2005 itself.
As per second condition of your receipt
5) as per first condition of receipt payment was
That payment was subject to terms and conditions
Stipulated in booking form by the intending
Purchaser i. E. Here by me filled the booking form
On 28/07/2005 while you had accepted my payment.
6.) in booking form you did mentioned and
Agreed that in second paragraph of form as under
Which are reproduced below now for quick reference :-
“
I/we shall enter into a formal agreement for sale
With you within 15 days from today”
(Unquote: i. E. From date of 28/07/2005 it self
When 15 days period ends on or before 11/08/2019
My comments :you had never gave us agreement
For sale ever nor informed any reasonsfor same not
Giving also nor entered into agreement for sale
With us also ever nor mentioned/communicated any
Reason for same ever)
Quote : booking form :
“
I/we shall register the agreement for sale with
The concerned authorities within four months
Within four months of the date of agreement for
Sale”
(Unquote i. E. On or before 11/12/2005 here
In context my comments i had never received
It at all from you ever nor communicated any
Reason for same ever)
“
And stamp duty registration charges., legal fees and
Service charges for documentation will be borne by
Me/us”
(Unquote : no documentation was prepared by
You ever nor communicated any reason for not
Doing so also ever).
7.) as per 3 rd condition of receipt which is
Reproduced below :-
Quote :
“we shall have the right to refund this amount
Even booking is confirmed by us or even after
Booking is confirmed by us”
Unquote :-
You never returned the booking amount everhereto
Me ever nor communicated any reason for same also
Ever
8.) your act of negligence and scant respect
For law of land caused me mental torture, financial
Loss etc till today also in spite of i had written
Letter and speed post sent reminders for payment to
Return us, you never replied my letter nor returned
The payment to us for last 14 years all most now.
9.) in fact you had changed your office and never
Informed me also that you had shifted to new address
Also your e mail also not functioning as you had left
That in use, and not given us your new mail id also till
Now we could locate you once again with great
Difficulty
10.) even you had not kept your forwarding address
With local post office as also as such speed post sent
To your office address got returned with left address
Remarks also.
11.) i had visited twice to your new office twice
Recently all way travelling to virar in crowded train, in view to solve this case amicably and sent you
Many mails to you all, but again no reply no payment
Made to me in spite me sending you my bank account
Details to you for bank transfer also.
12) based on above now i am giving you all
Respondents show cause notice by way of this
E mail and letter also that why following actions
Should not be taken on agaisnt all of
You and your company as under :-
(A) to lodge criminal complaint in mm court in
Andheri, mumbai for prosecution u/s 156 of cr. Pc.
Under sub section (3) where any magistrate
Empowered under section 190 of cr. Pc. May order
Such an investigations as above named
(B) why i should not level following charges on all
Of you as per ipc, sections detailed below for
Various criminal acts commissioned by you all as well
Organized gang of all partners in tandem. With each
Others
(I) statements of all of you to be recorded u/s 161
Of cr. Pc. Involved in this crime.
(Ii) prosecution u./s 120a, b, of ipc (45 of
1860) of criminal conspiracy and punishment for
Same involving punishment with imprisonment of
Either description for a term not exceeding six
Months or with fine or with both
(Iii) u/s 172 of ipc, absconding to avoid service of
Summons or other proceedings like notice, order etc
Shall be punished with simple imprisonment for a
Term which may extend to one month, or with fine
Which may extend to five hundred rupees or with both.
(Iii) under section 177 of ipc, furnishing false
Information to me, while accepting my payment of
Rs.51, 000/- on 28/07/2005 and thereafter till date.,
And will be punished with simple imprisonment for a
Term which may extend to six months or with fine
Which may extend up to rupees one thousand or both.
(Iv) u./s 191 of ipc, chapter xi, giving false
Information,
(V) u/s 192 of ipc, chapter xi, fabricating false
Evidence
(V) u/s 193 of ipc chapter ix, punishment for
False evidence : – shall be punished with
Imprisonment of of either description for a term
Which may extend to seven years and shall also be
Liable to fine.
(Vi) u/s 405 of criminal breach of trust and
U/s 406 of ipc, punishment for criminal breach of
Trust, will attract and shall be punished with
Imprisonment of either description for a term which
May extend to three years or with fine or with
Both.
(Vii) u/s 415 cheating of ipc, u/s 417 punishment for
Cheating with imprisonment of either description for
A term which may extend to one year or with fine or
With both.
(Viii) u/s 420 cheating and dishonestly inducing
Delivery of property, shall be punished with
Imprisonment of either description., for a term
Which, may extend to seven years and shall be also
Liable to fine.
(Ix) u/s 425 mischief, u/s 426, punishment with
Imprisonment of either description for a term which
May extend to three months or fine or with both.
(C) lodging complaint with state consumer forum at
Mumbai to recover an amount of rs.5, 94, 979/-from
You all and your company and assets of the
Company.
(D) to inform rera authorities about all entire
Episode and application to them to cancel your
Rera registration.
(E) to lodge civil suit specific performance
Against all of you to recover all losses from you.
(G) to lodge complaint with local builder
Association for our grievances.
(H) to inform sub register of nalasopara office to
Register our claim on flat no. C -203, till we receive
Our due amount back from you. And not to allow
Further any transactions till then
I, the under mentioned now request you to
Kindly reply this show cause notice per return e
Mail within 24 hours, failing which i will set
Law into motion to recover my due amount as
Per law and prosecutions of all of you as per
Law..
Thanking you,
Yours sincerely
Naandkumarr janardan bagwe,
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