Supertech Limited — Fraudulent forfeiture by supertech through cancellation of the apartment booked – reg

Sub : Unauthorised and irregular cancellation of the Apartment booked by the applicant at M/s Supertech in its project ECO Village II – Unit No R0190F3 0501, Tower 3 in Noida – Misleading and contradicting information furnished by the firm to its consumers and rendered deficient services to the applicant and other similarly situated consumers.

Dear Sir,

This complaint is against the deficient services rendered by M/s Supertech Limited through its Managing Director Mr. Mohit Arora, Noida, Uttar Pradesh and for adopting unfair practice. The builders have illegitimately and illegally forfeited the amount deposited by the Applicant herein; the firm has also cancelled the allotment of the apartment booked by the Applicant. The act of M/s Supertech Limited is illegal and against the interest of the Customers with an intent to defraud the consumers who had booked the apartments with the firm. The contact details of the Respondent Firm are as under:

Corporate Office
1. Supertech Limited
Supertech House
B 28-29, Sec-58,
Noida – 201307, India
Toll Free: 1800 103 7676
Fax: +91-120-4669991 Supertech Limited
703-704, Tower A,
Signature Towers, South City 1,
Gurgaon – 122001, India
Phone – 0124 4376365
Toll Free: 1800 103 7676
Fax: +91-120-4669991 Registered Office
Supertech Limited
1114, Hemkunt Chamber 89,
Nehru Place, New Delhi – 110019 (India)
Ph.: +91-11-41619836

1. It is submitted that I have made a booking in one of the project of M/s Supertech Limited titled ECO Village II, Unit No R0190F30501 on the 5th Floor as per the copy of the letter enclosed for ready reference and marked as ANNEXURE 1 herein.

2. Further it is submitted that against the booking made in 2010 I have deposited a total sum of Rs 6, 44, 225/- with the firm as on July, 2013 as per the demand made by the firm from time to time between 2010 and 2011.

3. That, owing to the land disputes between the farmers and the NOIDA Authority for compensation between 2011 – 2014, as per the news Report, the firm stopped the construction and the amount deposited was lying with the firm. However, sometime during 2015, the construction activities commenced and the firm has enhanced its demand arbitrarily to a high level.

4. It is submitted that on my visit to the firm’s Office at Noida in the past I got to know that there was misleading and misrepresenting information given to me without disclosing the real position of cancellation and forefeiture of my deposited amount without any intimation to me. A copy of the relevant correspondence made by me through mail from time to time with the firm is enclosed herewith and marked as ANNEXURE 3.

5. The firm in its recent mail dated 09.01.2016 informed/confirmed me that the firm is in the process of giving possession gradually over a period of time and you can visit our Head office for further discussion and amicable solution. as per the mail, dated 09.01.2016 of the firm.

6. Astonishingly, when I visited personally along with a colleague of mine on 12.02.2016 i.e Friday, I was informed verbally that your apartment has been cancelled and the firm does not have any records pertaining to my booking which has to be recalled from Storage. Till date, the firm has neither issued me the allotment letter nor agreement executed with me for the booking made by me.

7. Therefore, the act of the firm, to cancel the flat booked by me and forfeiting the deposit amount without any intimation is not only illegal but also amounts to rendering deficient services to its consumers. It is reiterated that this is a high handed attempt of the firm to forfeit the entire sum of Rs 6.44 lacks which is a precious for a salaried class like me.

8. I, therefore, request you to suggest me as to what are the measures that I can take against the injustice on the whole matter with a view to seek justice to me as the firm is trying to defraud the amount deposited by innumerous innocent customers who have booked their flats by abusing the dominant position through unfair trade practice and rendering deficient services.

In view of the aforesaid, I would like to seek your advice as to what steps are required to take action aginst the firm for illegal activities without issuing the Agreement / allottment letter nor any notice of cancellation which amounts to fraud and cheating in daylight. The whole system has become mockery in the daylight robbery. I would expect any one of the following :

1. Either refund the whole money with interest @ of 18 % p.a. which the firm is charging on the customers for the delayed / defaults in payment from the date of deposits to till the date of settlment or alternatively,

2. Or an alternative apartment on the same floor with equivalent space booked by me should be allotted to me with revised time schedule of payment by adjusting the amount under deposit with the firm.
Looking forward to the intervention of the Commission in the interest of the justice.

Thanking you,
Yours faithfully,

(Dr AR Subramanian)

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