NRI Couple Cheated by RNA Builders
Mumbai, 5th March, 2016: Last week, one of RNA
builders' thousands of cheated flat-purchasers sent the builder a legal
ultimatum, and started taking steps for going to court after discovering that
their promised 17th floor flat in RNA Regal, a project in Kandivali West, is
the proverbial pie-in-the-sky! In February 2011, Sandeep Kothari and Apeksha
Khabiya, a non-resident couple based in Doha-Qatar, booked a spacious 17th
floor flat in RNA Regal, based on the builder's promise that they would get
possession within three years. The couple planned
to return to India to live in this spacious 1365 sq. ft. dream house. After paying
nearly Rs 30 lakhs up front as initial booking amount, the couple was kept in
the dark by RNA Corp which fed them a steady diet of outright lies during the
three-year waiting period. Every time the couple phoned RNA Corp, they were
informed that the project was making satisfactory progress. In the end, the
couple's rude awakening consisted of not one, but three shocking jolts!
Shock # 1: When
the promised possession date arrived in March 2014, Sandeep and Apeksha were
shocked to learn that no further progress had been made in three years, and that the project was
practically at a standstill at “25% progress”, the same as the time when they
had booked the flat in Feb 2011. Today, two years after making this shocking
discovery, they are still no closer to getting their dream house.
Shock # 2: Almost
five years after booking the flat and two yearsafter the promised possession date
(March-April 2014), the couple was shocked to discover documents through Right
To Information that showed that RNA Regal didn't even have BMC permission for
going up to 17 floors and above!
Shock # 3: The
couple recently sent their authorised representative to visit the site and make
a first-hand observation about whether the construction work is in progress.
They were traumatised to learn that no construction activities were going on,
and the plot where RNA Regal was expected to come up, was partly blocked by
slum dwellers. The authorized representative estimated that the encroachment by
slumdwellers appeared to be two to four years old.
These are many causes for worry, not only for Mr and Mrs
Kothari, but also for all the flat buyers in RNA Regal! RNA Corp's owners,
namely the late Anil Aggarwal, as well as his sons Anubhav and Gokul Aggarwal,
have evidently been keeping a large number of buyers in the dark.
Read the legal notice issued by GC Mehta and
Associates on behalf of Mr and Mrs Sandeep Kothari: http://tinyurl.com/RNA-Regal-
How the NRI couple was cheated by RNA Corp:
· The
NRI couple booked a 1365 Sq. Ft. Flat on the 17th floor of RNA Regal, by paying
Rs. 29.98 lakhs between February and June 2011 against the builder's demand for
Rs. 29.28 lakhs, being 25% of the flat's total cost, along with expression of
interest. Against this, the builder issued a letter of allotment.
· The
NRI couple made this booking based on the builder's representations that they
would get possession of the flat within three years i.e. in the first quarter of 2014.
· Afterwards,
the NRI couple regularly followed up the progress of construction of RNA Regal
and were assured by the builder's office that the project was satisfactory
progressing.
· When
the date of possession arrived in March-April 2014, RNA Corp informed the NRI
couple that still, only 25% of the construction was complete, and the project
was stuck due to some “additional statutory requirements”. The couple was assured that efforts were
being made and the necessary clearances would be obtained soon.
· Upset
at being kept in the dark until their promised possession date, the NRI couple
now started enquiring about the project status by email on a regular basis.
· In an
email dated 4th April 2014, the builder assured that that construction work
would resume by June 2014.
· In an
email dated 14th June 2014, the builder claimed that the approvals are expected
within 10-15 days.
· In an
email dated 2nd January
2015, the builder said that the necessary approvals would take another 2-3
months.
· Later
on, the NRI couple's emails dated 31/07/2015, 04/08/2015, 06/08/2015,
07/08/2015 20/08/2015 and 23/08/2015 and letters dated 08/12/2015 and
05/02/2016 were acknowledged by the builder's office only with great
reluctance, but they all went unanswered.
· Whenever
the NRI couple or their authorized representatives visited India, they made it
a point to visit the builder's office to inquire about the progress on this
project and understand the earliest date of their getting possession, so that
they could permanently return to India and live in this house. But during their
every visit, the NRI couple were told about some or the other kind progress as
well as difficulties that the RNA Corp had been facing. RNA Corp continually
made promises, but there was no performance to back up these promises.
· In
spite of repeated requests, RNA Corp did not fulfill their obligation for
executing a registered Agreement for Sale.
· The
NRI couple got a huge shock when they learned through RTI that RNA Corp had not even obtained
approval for constructing a building with 17 or more floors!
· The
Kotharis requested their authorised representative to visit the site and make
first hand observation about the actual progress and whether the construction
work is in progress. They were traumatised to learn that no construction activities
were going on and the plot where RNA Regal was projected to be constructed was
partly blocked by slum dwellers. This
encroachment appeared to be 2 to 4 years old!
Driven by all these unpleasant discoveries, Sandeep Kothari and
his wife Apeksha have now reached the inescapable conclusion that RNA Corp has
cheated them by retaining their money for more than five years, and has kept on
making false statements as well as promises, which entitles them to invoke all
legal remedies against the builders, especially under Consumer Protection Act,
1986.
For more details on this case, contact
Advocate GC Mehta (Mob 9820141178 Email gopalmehta@glorimexind.com)
Postscript: Of
late, RNA Corp has been in the news for failure to fulfill legal obligations to
various stakeholders, including flat-buyers, project-affected-persons, lending
banks, and multiple government agencies such as MCGM and MMRDA. After years or
even decades of slippery behaviour by the late Anil Aggarwal and his sons
Anubhav and Gokul, the patience of many stakeholders appears to have run out
completely.
ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
