Refund not getting by BUILDER-MASS METROPOLIS

Name of Complainant Rashmi Behera
Date of ComplaintAugust 8, 2021
Name(s) of companies complained against
Category of complaint Real Estate
Permanent link of complaint Right click to copy link
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Text of Complaint by Rashmi Behera:

Dear Sir/Madam,
I have been keeping my complaint regarding refund of deposited the token money of Rs.3 Lakhs which was given to the Builder for the purchase of 2BHK in the proposed building known as “Mass Metropolis” situated on plot bearing C.T.S. No.123 (Part), 1835 (Part), 116 (Part) & Survey No. 14, 14A, Vatsala Tai Naik Nagar, Village Chembur, S.G. Barve Marg, C.S.T. Road, Chembur, Mumbai-400071 in the following manner:

Sl.No. Cheque Nos. Dated Amount (in Rs.)
1 803821 30.03.2015 80000.00
2 771372 30.03.2015 20000.00
3 803822 02.04.2015 200000.00

This issue has been raised regarding deposited the token money of Rs.3 Lakhs which is not yet been refunded by builder even I have not yet booked any flat in his Project/building known as “Mass Metropolis” situated on plot bearing C.T.S. No.123 (Part), 1835 (Part), 116 (Part) & Survey No. 14, 14A, Vatsala Tai Naik Nagar, Village Chembur, S.G. Barve Marg, C.S.T. Road, Chembur, Mumbai-400071.
When I had given the token money of Rs.3 Lakhs to the builder’s office known as Mass Group which is situated at SV Road Bandra west Mumbai in the month of March and April 2015 that time I didn’t hold or booked any flat in his project building known as “Mass Metropolis” situated on plot bearing C.T.S. No.123 (Part), 1835 (Part), 116 (Part) & Survey No. 14, 14A, Vatsala Tai Naik Nagar, Village Chembur, S.G. Barve Marg, C.S.T. Road, Chembur, Mumbai-400071.

The reason of not booking of flat due to financial problem and lots of health issues developed in my family i.e., Mother was suffering from Acute Osteoporosis disease and for her treatment I need the money for high cost injections Rs.12000 monthly plus other medicines for two years which was advised by the Doctor. Secondly, My Father is suffering from Parkinson’s Plus Syndrome diseases since 2010 and his diseases had been started in the progressive stage on that time and as on date he is not able to sit and stand on his own ability. He is 74 years old and a daily routine activity is very hectic for us.
The token money had been paid my parents account’s only because I was not able to give the token money to the builder because he offered some discounted on the Flat prices in the initial stage of his project.
Builder offered the price in his Project for 1BHK for Rs.7010000/-
The builder names are known as: Mr. Danish Ansari; his elder brother Mr. Ataullah Ansari and younger brother Mr. Zeshaan Ansari who are involved in this project known as “Mass Metropolis” situated on plot bearing C.T.S. No.123 (Part), 1835 (Part), 116 (Part) & Survey No. 14, 14A, Vatsala Tai Naik Nagar, Village Chembur, S.G. Barve Marg, C.S.T. Road, Chembur, Mumbai-400071.

I would like describe the matter i.e., I am staying at sector 8, Kharghar, Navi Mumbai and working with ONGC Ltd. at Panvel office. I went to the nearest Police station as Kharghar Police Station for this complaint and their Kharghar Police Officer’s suggested me that “to go to the nearest police station where builder office is situated and complaint in written with all details regarding the mentioned subject and said above the case. So I had given the complaint to the nearest police station from the builder’s office.
I am working woman, so hardly I get the time to go to the builder’s office for demand of my token money. When I had been visits to the builder’s office, every time they told me they will be refunding the money in next month, sometimes they told me they will refunding me in next week, even they told me that they have been transferred the money online and you will get the credit in your account but till date I am not getting my money back from the builder. It means the builder procrastinating for the refund of my money and cheating with me in this case. I visited lots of times to the builder’s office for refund of my money but still he is not going to refund the money as I had given the first application on 06.09.2015 and then on 28.12.2015 subsequent reminder dated 30.05.2018.
When I visited to the builder’s office on 30.05.18 with the application dated 30.05.18 (Copy enclosed with supporting documents) and requested to Mr. Danish Ansari’s elder brother Mr. Ataullah Ansari and he told to his officials and “written on my application to refund her money of Rs.2 Lakhs only and cut the cheque bounced money. In this case, I would like to clear the matter that my three cheques which were given as token money which was never bounced by my bank. Actually the another person given a cheque of Rs.30 Lakhs (Thirty Lakhs) to the builder for the same project, which was bounced by his bank only and he had given his token money of Rs.30 Lakhs to the builder but it was not pertains to my case and the builder wanted to charge the cheque bounced money from my token money. This is not fair and simply can say this builder cheating with me. Same day at builder’s office, his security guard misbehaved me when I wanted to entered in his office because of builder’s procrastinating behavior and I measured that it was a serious harassment to me by builder and his security guard. There was a CCTV camera also at the entrance and inside of the builder’s office. You may check the CCTV footage in this case also.
I would like to complaint on this regards that builder and his security guard given me lots of harassment for my money. This is never been tolerable for any woman.
I was not able to book and purchase the flat after the token money given to the builder. The reason was my family member’s medical/health problems started after the token money given to the builder. Since then my mother had been diagnosed sever Osteoporosis disease and as well as my father was suffering from Parkinson’s Plus Syndrome diseases. I need the money for my father’s treatment which was more important than the other things. After few months, in Sept.’2015 I had given an application to the builder at his office for refund of my three Lakhs. Since then many times I visited to the builder’s office but still not getting my refund.
After then, another day when I visited to the builder’s office and requested when I met with Mr. Danish Ansari’s younger brother Zeshaan Ansari. He told me that “Give me your bank details, we will refund your money thru online”. That time I had given my bank details to the builder’s officials.
Since three years, this matter is pending and still the builder doesn’t want to refund my money of Rs.3 Lakhs. The builder is “Mass Group” and his office at SV Road Khar west Mumbai.
Hence, it is therefore, I humbly request you to kindly take necessary action under criminal sections and charge the case u/s 419, 420 and 406 against the builder to recover my token money of Rs.3 Lakhs with interest and maintenance/compensation till date from the builder which was deposited by me as token money towards the purchase of 2BHK flat at your project known as “Mass Metropolis”.
Thanks & Regards,
Rashmi Behera,

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