Fwd: Posession of our flats and Payment of Penalty for delay in posession - Urgent

[Shilpa B]

Dear Mr Deepak (Director, Gulshan Homz Pvt Ltd) and Others,

 

I am resending the email sent to you earlier, clearly setting out the points of actions demanded point wise, for sake of clarity.

 

You are a Director,  Gulshan Homz Pvt Ltd, in that capacity are requested to promptly respond and act on the concerns raised in this letter and all my emails till date.

 

I have sent the enclosed email and series of other emails to various officers of AGC Realty Pvt Ltd., Ajnara India Ltd,  Gulshanhomz Pvt Ltd (herein after refered to as 'Companies'), and not received any response on the same from you or any of the officers of the Companies. 

 

Mr. Ashok Gupta and Mr. Gulshan Nagpal have not responded to the enclosed emails specifically addressed to them, through their officers. The enclosed email and all other emails were also sent to official emails provided on the Companies's websites. 

 

I have been trying to get the direct emails of Mr. Ashok Gupta, Managing Director Ajnara India Ltd, and Mr. Gulshan Nagpal, Gulshan Homz Pvt Ltd, Founder & Managing Director, in order to address them directly, but your officers Ms. Vijeta, Mr. Piyush, whose contacts are mentioned on the demand letters sent to us have clearly refused to provide the same to me. Also, your wesites donot provide any contact details of the Directors of the Companies.

 

It is apparent from the fact that, there has not been a single response to any of my emails till date, that the Directors/ officers of the Companies and Mr Ashok Gupta and Gulshan Nagpal are knowingly avoiding to take responsibility for the plight of their customers.

 

 

I ONCE AGAIN DEMAND THE FOLLOWING ACTIONS BY AGC REALTY PVT LTD IMMEDIATELY:

 

1) INTIMATE ME  DETAILS  OF DATE OF POSESSION AND STATUS OF THE SAME. THE EFFORTS BEING MADE BY AGC REALTY PVT LTD TO AVAOID ANY FURTHER DELAY.


2) MAKE PAYMENT OF THE PENALTY WITH INTEREST FOR DELAY IN PAYMENT OF PENALTY, DUE TILL DATE SINCE OCT 2012, TOWARDS DELAY IN POSSESSION  FOR FLAT L-703 AND FLAT L-704 OF HOMES 121, NOIDA SECTOR 121.

 

3) ENSURE THAT THE PAYMENT OF PENALTY IS MADE TIMELY WITHOUT ANY DELAYS, AT THE END OF EACH MONTH, FOR EACH MONTH THAT THE DELAY IN POSESSION TAKES PLACE, AT THE RATE OF INR 5 per sq ft, WITH EFFECT FROM OCT 2012, AS WAS AGREED IN TERMS OF THE BUILDER BUYER AGREEMENT BETWEEN US.

 

AGC Realty Pvt. Ltd. has failed to deliver the project i.e homes 121, in sector 121 Noida on time, as comitted as per the builder buyer agreement. This delay is a cause of immense trouble for us. We have taken loans from banks and are paying heavy interest on the amount of loans. Also, additionally we are staying in rented apartment and, therefore, paying a huge amount as rent. 

Since, september 2012 I have written several emails to various officers of the companies (enclosed) requesting possession of Flat and payment of penalty, on a monthly basis, since Oct 2012 . Not even a single email has been answered till date.

 

I have raised and objected to number of issues, concerns, illegal acts, fraud and irregularities done and being done by companies, through emails, registered letters and fax letters, since the date of allotment of flats. 

No action has been take on any of the issues, concerns, illegal acts, fraud and irregularities, on which I have raised alarm and strong objection against, through various correspondences sent to you, since the date of allotment of the Flats, till date. 

I once again request and demand that the companies must immidiately address/rectify the issues, concerns, illegal acts, fraud and irregularities on an urgent basis and make payment of penalty with interest due to me since Oct 2012.

 

RIGHTS FOR  LEGAL ACTION RESERVED.

 

Regards

Advocate Shilpa Bhadoria

Ph:8750090888 

---------- Forwarded message ----------
From: Shilpa B <shilpab...@gmail.com>
Date: Wed, Apr 17, 2013 at 10:18 PM
Subject: Fwd: Payment of Penalty for delay in posession - Urgent
To: AGC Info <in...@homes121.com>, in...@gulshanhomz.com, agcr...@homes121.com, vin...@ajnara.com, in...@ajnara.com, sanja...@homes121.com, piy...@ajnara.com, ajn...@ajnara.com

This email is addressed to the following people, in addition to the recipients:

1) Mr. Ashok Gupta

Managing Director Ajnara India Ltd,

And

2) Mr. Gulshan Nagpal, Gulshan Homz Pvt Ltd

Founder & Managing Director,

Dear Sirs,

Recipients of this email, who are officers of Agc Realty Pvt Ltd, Ajnara India ltd and Gulshan Homz (hereinafter refereed to as 'companies'), are directed to froward this email and all my emails and correspondence sent to the companies till date to the managing directors of the companies. 

This email is also begin sent to official emails provided on Ajnara India Ltd's website. The website of Gulshan Homz does not mention an email at all.

A screen shot of the websites taken today are being enclosed for records. 

Please note that the emails of the Managing Directors of the Companies are not available on the official websites of the Companies, therefore, not available to us. 

THE MANAGING DIRECTORS OF THE COMPANIES SHALL BE PERSONALLY LIABLE FOR ALL DEFAULTS, FRAUDS, ILLEGAL ACTS, ISSUES RAISED  AND IRREGULARITIES RAISED IN ALL MY EMAILS, LETTERS AND OTHER CORRESPONDENCE SINCE THE DATE OF ALLOTMENT OF FLATS L-703 AND L--704 TO US. 

The companies and their officers shall be liable to for all its defaults, frauds, irregularities and illegalities.

I DEMAND THAT YOU/AGC REALTY PVT LTD IMMEDIATELY MAKE PAYMENT OF THE PENALTY TOWARDS DELAY IN POSSESSION FOR  WITH INTEREST DUE TILL DATE FOR FLAT L-703 AND FLAT L-704 OF HOMES 121, NOIDA SECTOR 121.

AGC Realty Pvt. Ltd. has failed to deliver the project i.e homes 121, in sector 121 Noida on time, as comitted as per the builder buyer agreement. This delay is a cause of immense trouble for us. We have taken loans from banks and are paying heavy interest on the amount of loans. Also, additionally we are staying in rented apartment and, therefore, paying a huge amount as rent. 

Since, september 2012 I have written several emails to various officers of the companies (enclosed) requesting possession of Flat and payment of penalty on time. Not even a single email has been answered till date.

I also bring on record that I was sent demand letters in the meanwhile, which I have duly paid.

I wish to bring to your notice and on record for all legal purposes that I have called various officers of AGC Realty Pvt Ltd at the following numbers repeatedly.  

1)  Vineet Sharma  - 9873245505, 9582006054

2) Vijeta - 9999688225

3) Bhupesh - 9999688223

4) Reema  -  9999688229

5) Sanjay Bhist  - 9999688221

Not even a single call has been answered and it is clear and apparent that the officers of the Companies are avoiding any calls from the customers to evade liability. 

I have also written several emails to the companies since, September 2012 (enclosed) demanding timely possession and payment of penalty on time for delay in possession.  Not a single email has been answered till date.

In light of the fact that the project delivery has been extremely delayed and not a single rupee has been paid by AGC Realty Pvt Ltd as penally for delay till date, it is only apparent that the company is evading its legal liabilities.

I have written numerous emails to various officers of AGC Realty Pvt Ltd since, September 2012 to question the delay and putting on record that any delay whatsoever will cause immense loss to me, which is much beyond what is being covered by the penalty payable.

I also put on record that the payment of penalty will not absolve AGC Realty Pvt Ltd of its complete liability to compensate for the actual loss caused to us due to delay in delivery of project and deficiency in service. 

I hereby put on record, what has been agreed and is apparent, that the penalty clause of the builder buyer agreement does not cover the complete liability of the company caused by delay of project, as the loss caused to us by delay in the delivery of the project is much beyond what our agreement is covering under the penalty clause.

The liability of the AGC Realty Private Limited is commensurate with the loss caused to us due to inconceivable delay which has been there in delivery of the project. 

However, it will be be fair and just on AGC Realty Pvt Ltd's part to at least honor for the time being its commitment for payment of penalty as there has been immense delay in the delivery of the project.

I have raised and objected to number of issues, concerns, illegal acts, fraud and irregularities done and being done by companies, through emails, registered letters and fax letters, since the date of allotment of flats. 

No action has been take on any of the issues, concerns, illegal acts, fraud and irregularities, on which I have raised alarm and strong objection against, through various correspondences sent to you, since the date of allotment of the Flats, till date. 

I once again request and demand that the companies must immidiately address/rectify the issues, concerns, illegal acts, fraud and irregularities on an urgent basis.

RIGHTS FOR  LEGAL ACTION RESERVED.

Regards

Advocate Shilpa Bhadoria

Ph:8750090888

---------- Forwarded message ----------
From: Shilpa B <shilpab...@gmail.com>

Date: Sat, Apr 13, 2013 at 2:06 PM
Subject: Fwd: Payment of Penalty for delay in posession - Urgent

To: vin...@ajnara.com, AGC Info <in...@homes121.com>, agcr...@homes121.com

Dear Mr. Bisht and others,

I hereby put on record what has been agreed and is apparent that the penalty clause of the builder buyer agreement does not cover the complete liability of the company caused by delay of project, as the loss caused to us by delay in the delivery of the project is much beyond what our agreement is covering under the penalty clause.

The liability of the AGC Realty Private Limited is commensurate with the loss caused to us due to inconceivable delay which has been there in delivery of the project. 

Please understand that AGC Realty Pvt. Ltd. has failed to deliver the project on time which is a cause of immense trouble for us. We have taken loans from banks and are paying heavy interest on the amount of loans. Also, additionally we are staying in rented apartment and, therefore, paying a huge amount as rent. 

I notice and put on record for all legal purposes that the email provided by you to me is incorrect and I am unable to send an email to you (Mr Bisht). 

I am, therefore, re forwarding the same email to all other recipients with a  note that the email should me presented to you by them.

I wish to bring to your notice and on record for all legal purposes that I have called various officers of AGC Realty Pvt Ltd at the following numbers since a very long time.  

1)  Vineet Sharma  - 9873245505, 9582006054

2) Vijeta - 9999688225

3) Bhupesh - 9999688223

4) Reema  -  9999688229

5) Sanjay Bhist  - 9999688221

Not even a single call has been answered and it is clear and apparent that the Company is avoiding any calls from the customers to evade its liability. 

I have also written several emails to the company since, September 2012 (enclosed) on this issue and not a single email has been answered.

In light of the fact that the project delivery has been extremely delayed and not a single rupee has been paid by AGC Realty Pvt Ltd as penally for delay till date, it is only apparent that the company is evading its legal liabilities.

I have written numerous emails to various officers of AGC Realty Pvt Ltd since, September 2012 to question the delay and putting on record that any delay whatsoever will cause immense loss to me, which is much beyond what is being covered by the penalty payable.

I once again demand that you immediately make payment of the penalty with interest due till date for Flat L-703 and Flat L-704. 

I also put on record that the payment of penalty will not absolve AGC Realty Pvt Ltd of its complete liability to compensate for the actual loss caused to us due to delay in delivery of project and deficiency in service. 

However, it will be be fair and just on AGC Realty Pvt Ltd's part to at least honor its commitment for payment of penalty as there has been immense  delay in the delivery of the project.

RIGHTS FOR  LEGAL ACTION RESERVED.

Regards

Shilpa Bhadoria

Ph:8750090888

---------- Forwarded message ----------
From: Shilpa B <shilpab...@gmail.com>

Date: Sat, Apr 13, 2013 at 1:21 PM
Subject: Fwd: Payment of Penalty for delay in posession - Urgent
To: sanja...@homes121.com, AGC Info <in...@homes121.com>
Cc: agcr...@homes121.com, vin...@ajnara.com, piy...@ajnara.com

Dear Mr. Bhist

This is following my call to you more the 2 weeks back, wherein i was assured by you that the cheque for payment of penalty shall be sent to me by AGC Realty Pvt. Ltd. shortly and you will personally look into the delay. 

I have been calling you since, last week but my calls have gone unanswered and I never received any call from you or any one from Ajnara's office to confirm payment of penalty.

Please understand that AGC Realty Pvt. Ltd. has failed to deliver the project on time which is a cause of immense trouble for us.we have taken loans from banks and are paying heavy interest on the amount of loans. Also, additionally we are staying in rented apartment and, therefore, paying a huge amount as rent. 

As per the builder and buyer agreement we are entitled to get a penalty at the rate of Rs. 5 per square feet of the super area of the flat payable on a monthly basis. We have not received any payment from AGC Realty Pvt Ltd till date, since, Oct 2012. Please note that as per the agreement delay in payment by allottee attracts a penalty at the rate of 18% per annum, therefore, the Company is also liable to pay us an interest at the rate of 18% for the delay in payment of penalty amount, which has not been paid to us, since, Oct 2012. 

I have been writing to all the above recipients of this email since, September 2012 for a timely delivery and timely payment of penalty.

I have not received a single correspondence or a call confirming payment of penalty. This is a highly unethical and exploiting practice adopted by AGC Realty Pvt Ltd towards its customers.

I demand immediate payment of penalty with interest at the rate of 18% due towards both the flats L-703 and L-704. 

Regards

Shilpa Bhadoria for self and Lt. Col DPS Bhadoria

Ph: 875009088

---------- Forwarded message ----------
From: Shilpa B <shilpab...@gmail.com>

Date: Sat, Mar 9, 2013 at 10:20 PM
Subject: Payment of Penalty for delay in posession - Urgent

To: in...@homes121.com, agcr...@homes121.com, vin...@ajnara.com


Dear Sir

The possession of our flat was to be given in Oct 2012 and we have not yet been given the possession of our flat i.e. L-703 Homes 121.

We are facing a lot of financial pressure and immense trouble/ mental tension due to immense delay in completion of the project Homes 121 on part of AGC Realty Private Limited.  Please note that we have taken loans from banks and are paying heavy interest on the amount of loans. Also, additionally we are staying in rented apartment and, therefore, paying a huge amount as rent. 

As per the builder and buyer agreement we are entitled to get a penalty at the rate of Rs. 5 per square feet of the super area of the flat payable on a monthly basis. We have not received any payment from AGC Realty Pvt Ltd till date, since, Oct 2012. Please note that as per the agreement delay in payment by allottee attracts a penalty at the rate of 18% per annum, therefore, the Company is also liable to pay us an interest at the rate of 18% for the delay in payment of penalty amount, which has not been paid to us, since, Oct 2012. 

I hereby request you to urgently make the payment of INR 27681 (INR 26875 + 806.25)the amount of penalty and interest due to us till 28th Feb 2013. Also, we would request you to make the payment of amount of penalty on a monthly basis on time. 

Please note that I have not received any correspondence from AGC Realty Pvt Ltd on my earlier requests for the payment of the penalty as per the penalty clause of the builder buyer agreement that was executed between us on 06th March 2010. 

It is highly un professional and callous on your part to not respond on emails that are sent to you for demand of penalty. I request you to honor your commitment as pay the above amount immediately. 

Additionally, and apart from the above, I would also request you to pay the penalty and interest due for the other flat L-704, calculated at the same rate and in the same manner, that is in the name Col DPS Bhadoria. 

Regards

Shilpa Bhadoria

Ph: 8750090888

Oct 2012 -  

---------- Forwarded message ----------
From: <shilpab...@gmail.com>
Date: Thu, Sep 20, 2012 at 2:24 PM
Subject: Fw: Construction status - Time of possession
To: in...@homes121.com, agcr...@homes121.com, vin...@ajnara.com, piy...@ajnara.com

Dear All,

Request your response on the enclosed email. Also, would request you to let us know as to when shall we be given possession of the completed flats complete with all facilities considering the possession as per my allotment letter is to be given in Oct 2012.

Regards
Shilpa Bhadoria

Sent from my BlackBerry® smartphone from !DEA

---

From: shilpa bhadoria <shilpab...@gmail.com>

Date: Wed, 12 Sep 2012 21:03:34 +0530

To: AGC Info<in...@homes121.com>; <agcr...@homes121.com>; <vin...@ajnara.com>; <piy...@ajnara.com>

Subject: Construction status - Time of possession

Dear All,

I Shilpa Bhadoria ( Flat L-703) for myself and my father Col. DPS Bhadoria  ( Flat L-704) write to inquire about the status of the construction of the project. I understand from the terms of my allotment letter that we shall be given full and final possession of the flat complete in all aspects in Oct, 2012.

I understand from our correspondence and oral communication that the full and final possession of the flat complete in all aspects will be offered exactly on time. 

Request you to note that we are staying in a rented apartments right now and are also paying huge EMIs on our home loans, therefore, any delay in posession shall cause a great set back and be a reason for huge financial loss. 

In case of any delay in possession AGC Realty Pvt. Ltd. shall be liable to compensate for the loss caused to us due to delay,  and deficiency in service.  

Regards

Shilpa Bhadoria

Ph:8750090888

[Shilpa B]

---------- Forwarded message ----------
From: Shilpa B <shilpab...@gmail.com>
Date: Mon, May 20, 2013 at 2:00 PM
Subject: Posession of our flats and Payment of Penalty for delay in posession - Urgent
To: dee...@gulshanhomz.com
Cc: AGC Info <in...@homes121.com>, in...@gulshanhomz.com, agcr...@homes121.com, vin...@ajnara.com, in...@ajnara.com, sanja...@homes121.com, piy...@ajnara.com, ajn...@ajnara.com, home...@googlegroups.co.in

Dear Mr Deepak (Director, Gulshan Homz Pvt Ltd) and Others,

 

You are a Director,  Gulshan Homz Pvt Ltd, in that capacity are requested to promptly respond and act on the concerns raised in this letter and all my emails till date.

 

I have sent the enclosed email and series of other emails to various officers of AGC Realty Pvt Ltd., Ajnara India Ltd,  Gulshanhomz Pvt Ltd (herein after refered to as 'Companies'), and not received any response on the same from you or any of your officers on the same. 

 

Mr. Ashok Gupta and Mr. Gulshan Nagpal have not responded to the enclosed emails specifically addressed to them, through their officers and official emails provided on the Companies's websites. 

 

I have been trying to get the direct emails of Mr. Ashok Gupta, Managing Director Ajnara India Ltd, and Mr. Gulshan Nagpal, Gulshan Homz Pvt Ltd, Founder & Managing Director, in order to address them directly, but your officers Ms. Vijeta, Mr. Piyush whose contacts are mentioned on the demand letters sent to us have clearly refused to provide the same to me. Also, your wesites donot provide any contact details of the Directors of the Companies.

 

It is apparent from the fact there has not been a single response to any of my emails that the Directors/ officers of the Companies till date that Mr Ashok Gupta and Gulshan Nagpal are knowingly avoiding to take responsibility for the plight of their customers.

 

 

I ONCE AGAIN DEMAND THAT AGC REALTY PVT LTD IMMEDIATELY ITIMATE ME  DETAILS  OF POSESSION & MAKE PAYMENT OF THE PENALTY WITH INTEREST DUE, TOWARDS DELAY IN POSSESSION FOR  WITH INTEREST DUE TILL DATE FOR FLAT L-703 AND FLAT L-704 OF HOMES 121, NOIDA SECTOR 121.

[Joseph Chamling]

copy of email sent to Mr. Ashok Gupta- Director of Ajnara- peace of mind

---------- Forwarded message ----------
From: Joseph Chamling <jhampr...@gmail.com>
Date: Mon, May 20, 2013 at 10:42 PM
Subject: Fwd: {Homes121} Fwd: Posession of our flats and Payment of Penalty for delay in posession - Urgent
To: a...@ajnara.com
Cc: home...@googlegroups.co.in, dee...@gulshanhomz.com

Dear Mr. Ashok Gupta,

I hope with this trailing emails from other customers and including myself will give you feel of customer satisfaction.

We brought this flat simply on the basis of commitment of completion in 24 months. Possession was in Jan 2012. Where are we now?

As a director of company, what and how you feel when you come to know such kinds of problem your customer is going through.? and It is highly impossible that you are not aware of this issue, so given such situation,  

We ask for time for meeting, your officers give weeks.  Are they have gone to fight second Kargil war and busy in fighting infiltration in Border? Even you ask time with PM today you will get time by now.

We are paying huge emi and rental. Like everyone, I too had planned by finance keeping in mind of getting flat by Jan 2012. Now last 18 months, the loss both- monetary and incidental, what is benchmarking of calculating this cost and what way AGC will be able to give justice. Any solution???

On the top of all, we get just verbal dates and that dates seems floating dates only.

I hope some rationality prevails and we get response from a professional company.

Also when I brought a flat, attached was layout plan which was shown to me showing entrance shall have fountain entrance and it seems Tower W have taken place instead. This is something which many of us asked, but no reply.

As a director of the company, I am sure we can rely upon you to get some answer on above.

Thanks & Regards

Joseph Chamling

--
You received this message because you are subscribed to the Google Groups "Homes121" group.
To unsubscribe from this group and stop receiving emails from it, send an email to homes121+u...@googlegroups.com.
To post to this group, send an email to home...@googlegroups.com.
Visit this group at http://groups.google.com/group/homes121?hl=en-GB.
For more options, visit https://groups.google.com/groups/opt_out.
 
 

[sushils...@gmail.com]

Thanks Joseph .. For sharing the email id of the Ashok Ajnara.

Sent from my BlackBerry® smartphone from !DEA

---

From: Joseph Chamling <jhampr...@gmail.com>

Sender: home...@googlegroups.com

Date: Mon, 20 May 2013 22:45:39 +0530

To: <home...@googlegroups.com>

ReplyTo: home...@googlegroups.com