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Complaint against Emaar MGF for delay in possession and levy of undue interest

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Sub :- Levy of unjustified interest & delay in possession by Emaar MGF (A-202 & E-402 , The Palm Drive, Sector 66 Gurgaon, Haryana , India ) We bought 2 properties in Emaar MGF (A-202 & E-402) and gave initial booking amount in Oct 2007. Builder promised to pay deliver the possession of project latest by Dec 2010. Based on reputation of Builder (Backed by professional Dubai Based Group like Emaar) we booked 2 flats with them in a project called, The Palm Drive, Emaar MGF, Sec -66, Gurgaon, Haryana. Then we start hearing that Emaar MGF is very unprofessional group and there officials are raided by CBI, Income Tax officers. Then we heard that there projects like Common Wealth Game are full of irregularities. Height of nuisance came when there projects are started delaying. We are sitting in Nov 2012, and as per builder commitment, the project should have been delivered by Dec 2010. Thus its already delay by almost 2 years. Also find below the trail mail and link where the current status of project is reflecting and it can be clearly seen that there is no hope of possession in the near future of atleast 1 year. For buying these flats, we took a Home Loan facility from bank and later on we found that banks are not willing to take exposure on this project and builder due to bad image and poor performance. Thus banks stopped funding and making delay in payments due to poor performance of the project. Also our all hard earned money was on stake, and listening new and new news about the project, we were too scared that we paid money in conservative manner. Builder take advantage of our innocence and imposed heavy interest on delay payment of their installments. We tried to contact customer care so many times but every time they come up with false excuses. Also we wrote to their Senior Management but the reply from their side is also pathetic and quite unprofessional. We paid too much interest on bank loans and incurring heavy losses and cannot bear more loss. After all such nuisance and delay, we decided to sell the properties but here builder is again acting like a villain and asking for interest of Rs 15 Lacs instead of paying compensation. It’s totally ridiculous. Mr Parag Raj, AGM, Customer Care Department, Emaar MGF Group philosophy is not like a customer care officer, but it seems that he wants to be like a Dictator/ Governor and gave his judgment that everything from Emaar Side is okay and in case, and customer should wait for another unknown period for possession and if Emaar feels comfortable that they would pay the compensation . Also he mentioned that compensation shall be paid as per the clauses mentioned in the agreement. But he himself doesn’t know that , there is no such clause in the agreement which bind the builder for paying compensation of this delay. He forget to Step himself in the capacity of a customer and think that what would happen, if his hard earned money is put on stake where the builder commit for delivery in 3 years and not able to deliver the project in more then 5 years Moreover, he told that as compared to booking price, there is some premium is running on the project and instead of escalating the matter to Emaar, we should shut our mouth and enjoy the premium. Also he forget that , we paid more interest than premium amount. It is same thing like doing a crime like rape and instead of punishment for wrong doing pay compensation to victim. We all are living in country like India, where due to large no. of cases in court, there are some delay in doing justice. But the culprits like these builders take undue advantage of this position . You are requested to kindly look into the matter and help us in reversal of unjustified interest of 12 Lacs on us. Thanks & Regards Amit Mittal POA holder of Mr Sachin Duggal

Complaint against emaar MGF builders

If you have a copy of the terms of Agreement, and the receipts for the payments made, you can approach a consumer court and get refund of the total amounts paid with interest because of non completion of the construction as scheduled. You are advised to consult an advocate to serve a Notice to the Builder under the Consumer Protection Act 1986. Be prepared to fight your case with determination and patience since the Opposite Party will engage experts to defend the case. You can ask for legal costs plus compensation for harassment caused.

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