Aliens Developers Customer Care

I have purchased a flat in[protected] with the developer. As a booking amount, I have paid IRS.9, 00, 000/- and the balance amount of IRS.8, 05, 279/- thru bank loan from SBI. The balance amount of of IRS 16, 94, 721/- to be paid according to construction progress. But, the builder have not progressed the flat construction. I have been doing followup on the progress. But, every time they given date of completion which they have been failing to fulfill the same.

In the year 2015, some of the consumers of Aliens developer for the same venture have filed case against the developer. As I am an NRI, I came to know late due to which I couldn’t file complain directly.

Recently consumer court have delivered verdict.

Kindly help me the way forward so that I can get back all my money along with compensation.

Awaiting your reply.

Thanking you with anticipation of favorable response.

Best Regards
Santosh Vempelly
[protected]@gmail.com

Dear sir,

I and my son (Abhishek kumar) booked flat no. 601 in station#1 and flat no. 420 in station#4 in aliens space station#1, tellapur, ramchandrapuram, medak, hyderabad -502032, by paying 35lacs in june, 2009 which is 50% of cost but till now they did not hand over neither returned our money. Like this, they did with so many customer. Only 10% work is completed so far.
Request to look into. Details of contact of builder is as follows –

Aliens builder official (Hyderabad) –

Hari challa: [protected], [protected]. Venkat challa: [protected]. Shrawani – [protected]. Alekya – [protected]. Shashidhar – [protected].
Mahesh –[protected].. Jabbar –[protected]. Mr. Miskeen – [protected]. Sandeep – [protected]. Suma –[protected]. Vinay –[protected]. Aliens customer care –[protected], [protected]. Sonia –[protected]. Dilip –[protected]. Mr. Kasi-[protected].. Kishore kumar – [protected]. Vinay ram – [protected]
[protected]@aliensgroup.in;[protected]@aliensgroup.in;
Surender. [protected]@aliensgroup.in;[protected]@aliensgroup.in;[protected]@aliensgroup.in…⇄ [protected]@aliensgroup.in;suresh. [protected]@aliensgroup.in;sheri. [protected]@aliensgroup.in; [protected]@aliensgroup.in;[protected]@aliensgroup.in;[protected]@aliensgroup.in…⇄ [protected]@aliensgroup.in;[protected]@gmail.com;aliens. [protected]@aliensgroup.in; [protected]@aliensgroup.in; [protected]@gmail.com;venkatchalla. [protected]@gmail.com; [protected]@aliensgroup.in; [protected]@aliensgroup.in;[protected]@aliensgroup.in

Sbi official, hyderabad –

Sbi.[protected]@sbi.co.in;[protected]@rbi.org.in; [protected]@rbi.org.in [protected]@rbi.org.in; [protected]@rbi.org.in; manager. Cgrc. [protected]@sbi.co.in;[protected]@sbi.co.in ;agmcustomer. [protected]@sbi.co.in; sbi.[protected]@sbi.co.in; sbi.[protected]@sbi.co.in; sbi.[protected]@sbi.co.in; sbi.[protected]@sbi.co.in;sbi.[protected]@sbi.co.in; sbi.[protected]@sbi.co.in; sbi.[protected]@sbi.co.in ;sbi.[protected]@sbi.co.in; support. [protected]@sbi.co.in; racpc. [protected]@sbi.co.in; pstocgm. [protected]@sbi.co.in;dgm. [protected]@sbi.co.in; dgmre. [protected]@sbi.co.in; dgm. [protected]@sbi.co.in
[protected]@rbi.org.in;[protected]@rbi.org.in
Manager. Cgrc. [protected]@sbi.co.in
Mr. Jahir, chief geneneral manager, sbi, hyderabad – [protected].
Mr. Ravindranath, asstt. General manager, sbi, hyderabad – [protected].
Mr. Mohan krishna, manager, sbi, hyderabad – [protected].
Mr. B. Sriram kartik, advocate, sbi, hyderabad – [protected]

I want refund of principal amount with 24% interest which works out to be rs. 1, 92, 23, 501 /-) (As mentioned in aos).
Thanks.

Nirbhaya kumar shah

Telangana has come out with real estate regulatory authority act but supprisingly exempted projects approved prior to 1.1.2017 from the act. Where as karnataka has allowed projects as old as 5 years covered by the act.in brief aliens project is in bangalore government could have intervened. What a difference,… Iam a rera activisits. If some one is intrested to know the way out contact me [protected]@gmail.com

BEFORE THE HON’BLE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION :: AT HYDERABAD

C C No. of 2015
Between:

Nirbhaya Kumar Shah,
S/o.late.Mr.K.P.Shah, aged about 60 years,
Occ: Service, R/o.Q.No.E-7,
HWPM Colony, Aswapuram (Post),
Khammam Dist., 507116 …. Complainant

And

1. M/s. Aliens Developers (P) Ltd.,
Rep. by its Managing Director and Joint Managing Director,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.

2. Mr.Hari Challa S/o Mr.CVR Chowdary,
Managing Director M/s. Aliens Developers (P) Ltd.,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.

3. Mr.Venkat Prasanna Challa S/o Mr.CVR Chowdary,
Joint Managing Director M/s. Aliens Developers (P) Ltd.,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.
Notice to be sent to the following address
(Present addresses of Opposite Parties S.No.1 to 3
are at Aliens Space Station, Tellapur,
Ramchandrapuram Mandal,
Medak District, Hyderabad (Telangana- PIN 502032)

4. State Bank of India,
Rep. by its Branch Manager
Patny Centre Branch,
Secunderabad. …. Opposite Parties

COMPLAINT FILED UNDER SECTION 17 (1), a (i) OF CONSUMER PROTECTION ACT 1986 & 2002

The address for service of notices and summons if any on the complaint is that of their counsel Mr D Raji Reddy and Mr C Vijayashekar Reddy, Advocates, 4-1-371, 4th Floor, Kundas Estate, Beside Jaya International Hotel, Reddy Hostel Lane, Abids, Hyderabad.

For service of notices and summons, if any on the opposite parties, is that of on the addresses given in the cause title thereof.

BRIEF FACTS OF THE CASE:

1. It is submitted that the 1st opposite party is a company registered under Indian Companies Act, 1956 represented by its Managing Director and Joint Managing Director Mr Hari Challa and Mr Venkat Prasanna Challa, the 2nd and 3rd opposite parties respectively and are responsible for the day to day affairs of the 1st opposite party/company. In its course of business the 1st opposite party under taken a Development Agreement cum GPA’s Nos.23198 of 2006, 23230 of 2006 both dt.07.10.2006 and 13321 of 2007 dt.23.06.2007 with the respective land owners for development of land admeasuring Ac.19.26 gts., into residential apartment complexes thereon in Sy No.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District. The 4th opposite party is the home loan banker extended home loan finance to the flat under sale as per the contractual obligations mentioned in agreement of sale and other agreements thereof.

2. It is submitted that 1st to 3rd opposite parties made believed the complainant that they have undertaken the construction of multi storied apartments in the name and style of Aliens Space Station-1 situated at Tellapur Village, Ramchandrapuram Mandal, Medak District and obtained building permission vide Lr.No.621/P4/ Plg/HMDA (HUDA)/2008 dt:[protected] and had absolute rights over the Flat bearing No.601, Station- 1, on 6th Floor comprise of super built up area of 1344 sq. ft, in the complex ‘Space Station- 1 ’ together with 28.90 sq. yards o[censored]ndivided share of land out of 82976.89 sq. yards in Sy.Nos.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District.

3. It is pertinent to mention that believing the words and at the offer of the 1st to 3rd opposite parties the complainant undertook agreement of Sale dt:04.07.2009 for purchase of Flat bearing No.601, Station – 1, on 6th Floor of the complex by name Space Station-1, comprise of super built up area of 1344 sq. ft, with one covered car parking besides undivided share of land 28.90 sq. yards out of 82976.89 sq. yards in Sy.Nos.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District a consideration of Rs.37, 03, 425/- and paid an amount of Rs.6, 00, 000/- towards earnest money and advance sale consideration vide cheque No.312889 dt.28.06.2009 drawn on ICICI Bank, Vijayawada, and the same was acknowledged by the opposite parties No.1 to 3 vide receipt No.03516 dt.23.06.2009 and the same was also admitted and acknowledged in the agreement of sale dt.04.07.2009. On 10.07.2009 the complainant has paid a sum of Rs.1, 40, 685/- vide cheque No.312890 dt.09.07.2009 drawn on ICICI Bank, Vijayawada, and the same was acknowledged by the opposite parties No.1 to 3 vide receipt No.03584 dt.10.07.2009. On 12.09.2009 the complainant, the opposite parties No.1 to 3 and the 4th opposite party had entered into Tripartite Agreement for Housing Loan, based on that agreement the 4th opposite party has paid a sum of Rs.11, 11, 028/- on avail of home loan of Rs.24, 34, 000/- by the complainant vide cheque No.499718 dt.12.09.2009 and the same was acknowledge by the opposite parties No.1 to 3 vide receipt No.03683 dt.12.09.2009, thus the total amount paid to you is Rs.18, 51, 713/- in accordance with the terms and conditions of the agreement of sale dt.04.07.2009 as against the total consideration of Rs.37, 03, 425/-.

4. The complainant had paid a sum of Rs.18, 51, 713/- as against the total consideration of Rs.37, 03, 425/-. The 4th opposite party herein on the basis of agreement of sale sanctioned a home loan of Rs.24, 34, 000/- with a condition to disburse the home loan on execution of mortgage of the flat besides utilization of the loan amount shall for the purpose mentioned in the loan application. In contrary to the terms of agreement the 4th opposite party released 45% of the home loan to the developer company even before start of construction. The 4th opposite party would have remitted into escrow account ought to be maintain by the developer company in this regard. As a result the developer company resorted to diversion of home loan by defeating the very purpose of the home loan scheme thereby made suffer the complainant.

5. It is pertinent to mention that the loan disbursement shall be co-related with the progress of the construction and in accordance with the provisions of Section 4 & 5 of the AP Apartment (Promotion of Construction and Ownership Act & Rules, 1987). Whereas the 4th opposite party violated the same and committed unfair practice.

6. It is submitted that the home loan banker being a legal body under law ought to follow the provisions of statues such as The Andhra Pradesh Promotion of Apartments and Ownership Act, 1987 besides other guidelines issued by its superior/regulatory authorities such as RBI & NHB while releasing the home loan but failed to do so thereby the developer company diverted the home loan including the margin money paid by the complainant. Thereby, 1st to 3rd opposite parties in collusion with the 4th opposite party committed not only deficiency of service but also unfair trade practice and caused loss besides physical suffering and mental agony to the complainant.

7. It is submitted that the complainant was compelled to pay EMI’s into home loan besides interest thereon as charged by the 4th opposite party, otherwise the 4th opposite party cautioned about the reference of default to the credit agency (CBIL). It is submitted that there has been no response over phone and mails from the opposite parties 1 to 3 in respect of progress of construction of flat under sale. Even though the complainants are ready to pay the balance of installments in accordance with the terms and conditions of the Agreement of Sale and progress of the construction, the opposite parties No.1 to 3 have not provided the details of the progress of the construction of the Flat under sale as on date.

8. The complainant submits that the opposite parties started Aliens Space Station-1 project in the year 2007/08 and in the span of 7 to 8 years not even 1 station (out of 13) is 100% complete, leave alone the amenities, car park, Lakes and other infrastructure promised. It is not only deficiency of service and commitment; it is intentional case of cheating and deceiving innocent buyers who have invested sizable portion of their life savings with a dream to own a house. On noticing about the snail space of construction at project site the complaints prevailed up on the opposite parties 1 to 3 but they deaf eared and gave evasive replies. It is pertinent to mention that the developer company has to complete the construction of the flat by December, 2012 in terms of agreement sale dt.04.07.2009 under clause VIII (Delivery of Possession), under any circumstances. On the recent visit to the project, the complainant noticed that only basement work is completed, but the complainant’s Flat is at 6th Floor of the complex.

9. On noticing about the snail pace of works at the project complainant prevailed upon the opposite parties but could not get proper response. It is pertinent to mention that the opposite parties 1 to 3 have to complete the construction of the flat by December, 2012 in terms of Agreement of Sale dt.04.07.2009 under clause VIII (Delivery of Possession), under any circumstances. Thereby the opposite parties committed deficiency of service in not constructing the flat under sale in terms of Agreement of sale dt.04.07.2009. Moreover the 4th opposite party is having charge over the flat soon after sanction and disbursement of the home loan. As such the home loan banker ought to exercise its charge for recovery of home loan from the opposite parties 1 to 3 but did not do so. As such complainant got issued legal notice dt. .09.2015 on the opposite parties on the available address but there has been no response.

10. In view of cheating, mischief, fraud committed by the opposite parties No.1 to 3 the complainant lost the opportunity to have a residential accommodation in the year 2012 on the then prevailing costs. Besides the complainant paying interest into the home loan amount paid to the opposite parties No.1 to 3. Due to the fraudulent action of opposite parties No.1 to 3, the complainant suffered with mental agony, escalation of cost and other physical sufferings by wandering in and around the office of the opposite parties No.1 to 3 for the past few years, for which the opposite parties No.1 to 3 are liable to pay to a tune of Rs.10, 00, 000/-.

11. The 1st to 3rd opposite parties continuously made false promises in collusion with the 4th opposite party and not completed the project with fraud intention to cheat the complainant. In view of deficiency of service and unfair trade practice committed by the 1st to 3rd opposite parties in collusion with the 4th opposite party, and having no scope of completion of construction in the near future by the opposite parties 1 to 3, the complainant demanding the refund of the sale consideration of Rs.18, 51, 713/- which includes home loan, with 24% interest per annum for the period from the respective dates of payments and subsequent interest till the refund of the same from the opposite parties. Besides the opposite parties are also liable to pay compensation charges @ Rs.3/- (Rs.3/- per square feet) per month according to clause-G of VIII (delivery of possession) for any reason if the opposite parties failed to handover the flat to us on or before December 2012, Further the due date for handover of flat is already over by December, 2012 and due to the deficiency in service by the opposite parties, the complainant is residing in a rented house by paying huge amounts of monthly rents. As such the opposite parties are liable to pay fair rental value @ Rs.10/- per sq. ft., per month for the delayed period w.e.f. December, 2012 to till the date if refunding the amount paid including compensation and interest.

12. It is submitted that in view of deficiency of service and unfair trade practice committed by the 1st to 3rd opposite parties, they are liable to pay compensation for escalation of costs, physical suffering and mental agony caused to the complainant to a tune of Rs.10, 00, 000/- .

Sl.
No. Description Amount Date of payment made by the complainant Interest @ 24% from the respective date of payments made Grand total
1 Earnest Money paid 6, 00, 000/- 28.06.2009 9, 00, 000/- 15, 00, 000/-
2 Further Payment 1, 40, 685/- 10.07.2009 2, 11, 028/- 3, 51, 713/-
3 Loan Disbursed 11, 11, 028/- 12.09.2009 16, 22, 101/- 27, 33, 129/-
4 Compensation towards Holding Charges @ Rs.3/- per sq. ft. Per month for 33 months

1, 33, 056/-

–

1, 33, 056/-
5 Damages caused due to escalation of cost and mental suffering

10, 00, 000/-
– 10, 00, 000/-
6 Fair rental value @ Rs.10/- per sq. ft., per month w. e. f. December, 2012 to till date
4, 43, 520/-
–
4, 43, 520/-
7 Legal Charges 50, 000/- – 50, 000/-
Total 34, 78, 289/- 27, 33, 128/- 62, 11, 417/-

Jurisdiction: That the Hon’ble Commission has got territorial as well as pecuniary jurisdiction to entertain the present dispute in terms of Section 17(1) a(i) & 2 of the Consumer Protection Act, 1986.

Cause of Action: The cause of action arose on 04.07.2009 when the complainant had entered into agreement of sale and on due date of hand over of the possession of the flat by December 2012 and issue of legal notice dt.__.09.2015 to the opposite parties and receipt of notice and the cause of action is subsisting and continuous as the claim of the complainant so far not paid by the opposite parties.

Limitation: The complaint is filed within the period of limitation as prescribed under Section 24 (a) of the Consumer Protection Act, 1986.

Court Fee: The total amount of compensation is Rs.62, 11, 417/- hence court fee of Rs.4, 000/- is paid as per prescribed under Rule 9A of the Consumer Protection Rules, 1987, by way of DD No. dt. Drawn on _______________, in favour of the Telangana State Consumer Disputes Redressal Commission, Hyderabad.

Prayer:
Therefore it is humbly prayed that this Hon’ble Commission may be pleased to direct the opposite parties No.1 to 3 to pay total amount of Rs.62, 11, 417/-and further direct them to pay the same @24% till the realization, as briefed in the above tabular form under the following heads;
a) To refund the paid sale consideration of Rs.18, 51, 713/- along with interest @ 24% per annum from the respective dates of payment to till the realization of the same.
b) To pay compensation towards holding charges @ Rs.3/- per sft., per month according to clause-G of VIII (delivery of possession) for any reason if the opposite parties failed to handover the flat to the complainants on or before December 2012. As such the opposite parties are liable to pay holding charges from December, 2012 till date (33 months) amounting to Rs.1, 33, 056/- along with interest @ 24% per annum and further they are continuously liable to pay the holding charges till the realization of total demanded amount.
c) To pay Rs.10, 00, 000/- as compensation for causing mental agony, suffering & escalation of construction cost.
d) To pay fair rental value @ Rs.10/- per sft, per month w.e.f. December, 2012 amounting to Rs.4, 43, 520/- till date and further continue to pay till the refund of the total demanded amount.
e) To pay legal charges of Rs.50, 000/- being the legal charges of this complainant.
f) To pay home loan amount owes to 4th opposite party with necessary interest and other charges levied into the account out of the claim amount claimed herein.
g) To pass such other order or orders as this Hon’ble Commission deems fit and proper in the interest of justice.

Hyderabad, COMPLAINANT
Date: .09.2015
Counsel for Complainant
V E R I F I C A T I O N

I, Nirbhaya Kumar Shah, S/o.late.Mr.K.P.Shah, do hereby state that the contents of this complaint are true and correct to best of our knowledge, belief and information, hence verified on this the day of September, 2015 at Hyderabad.

COMPLAINANT

LIST OF DOCUMENTS

01. Copy of Agreement of Sale dt.04.07.2009
02. Copy of Receipt No.03516 dt.23.06.2009
03. Copy of Receipt No.03584 dt.10.07.2009
04. Copy of Receipt No.03683 dt.12.09.2009
05. Copy of Home Loan Sanction letter dt.
06. Copy of Tripartite Agreement dt.12.09.2009
07. Office copy of legal notices dt. .09.2015 served on the opposite parties
08. Original copies of registered post receipts and acknowledgement cards and returned postal covers.

Hyderabad, COMPLAINANT
Dt. .09.2015
Counsel for Complainant.

BEFORE THE HON’BLE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION :: AT HYDERABAD

C C No. of 2015
Between:

Nirbhaya Kumar Shah…. Complainant

And

M/s. Aliens Developers (P) Ltd.,
And others …. Opposite Parties

COMPLAINT FILED UNDER SECTION 17 (1), a (i) OF CONSUMER PROTECTION ACT 1986 & 2002

Filed on: .09.2015

Filed by:

Mr D Raji Reddy
Mr C Vijayashekar Reddy,
Advocates,
Counsel for Complainants
Address:

4-1-371, 4th Floor,
Kundas Estate,
Beside Jaya International Hotel,
Reddy Hostel Lane,
Abids, Hyderabad
BEFORE THE HON’BLE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION :: AT HYDERABAD

C C No. of 2015
Between:

Nirbhaya Kumar Shah,
S/o.late.Mr.K.P.Shah, aged about 60 years,
Occ: Service, R/o.Q.No.E-7,
AWPM Colony, Aswapuram (Post),
Khammam Dist., 507 116 …. Petitioner/
Complainant
And

1. M/s. Aliens Developers (P) Ltd.,
Rep. by its Managing Director and Joint Managing Director,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.

2. Mr.Hari Challa S/o Mr.CVR Chowdary,
Managing Director M/s. Aliens Developers (P) Ltd.,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.

3. Mr.Venkat Prasanna Challa S/o Mr.CVR Chowdary,
Joint Managing Director M/s. Aliens Developers (P) Ltd.,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081.
Notice to be sent to the following address
(Present addresses of Opposite Parties S.No.1 to 3
are at Aliens Space Station, Tellapur,
Ramchandrapuram Mandal,
Medak District, Hyderabad (Telangana- PIN 502032)

4. State Bank of India,
Rep. by its Branch Manager
Patny Centre Branch,
Secunderabad. …. Respondents/
Opposite Parties

VERIFIED AFFIDAVIT

I, Nirbhaya Kumar Shah, S/o.late.Mr.K.P.Shah, aged about 60 years, Occ: Service, R/o.Q.No.E-38, HWPM Colony, Aswapuram (Post), Khammam Dist., having temporarily come down to Hyderabad, do hereby solemnly and sincerely state on oath as follows:

2. I am the petitioner herein and complainant in the main complaint as such well acquainted with the facts of the case.

3. I submit that the 1st opposite party is a company registered under Indian Companies Act, 1956 represented by its Managing Director and Joint Managing Director Mr Hari Challa and Mr Venkat Prasanna Challa, the 2nd and 3rd opposite parties respectively and are responsible for the day to day affairs of the 1st opposite party/company. In its course of business the 1st opposite party under taken a Development Agreement cum GPA’s Nos.23198 of 2006, 23230 of 2006 both dtd.07.10.2006 and 13321 of 2007 dt.23.06.2007 with the respective land owners for development of land admeasuring Ac.19.26 gts., into residential apartment complexes thereon in Sy No.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District. The 4th opposite party is the home loan banker extended home loan finance to the flat under sale as per the contractual obligations mentioned in agreement of sale and other agreements thereof.

4. I submit that 1st to 3rd opposite parties made believed me and the complainant No.2 that they have undertaken the construction of multi storied apartments in the name and style of Aliens Space Station-1 situated at Tellapur Village, Ramchandrapuram Mandal, Medak District and obtained building permission vide Lr.No.621/P4/ Plg/HMDA (HUDA)/2008 dt:[protected] and had absolute rights over the Flat bearing No.601, Station- 1, on 6th Floor comprise of super built up area of 1344 sq. ft, in the complex ‘Space Station- 1 ’ together with 28.90 sq. yards o[censored]ndivided share of land out of 82976.89 sq. yards in Sy.Nos.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District.

5. It is pertinent to mention that believing the words and at the offer of the 1st to 3rd opposite parties, I entered into agreement of Sale dt:04.07.2009 for purchase of Flat bearing No.601, Station – 1, on 6th Floor of the complex by name Space Station-1, comprise of super built up area of 1344 sq. ft, with one covered car parking besides undivided share of land 28.90 sq. yards out of 82976.89 sq. yards in Sy.Nos.384, 385 & 426/A, situated at Tellapur Village, Ramchandrapuram Mandal, Medak District a consideration of Rs.37, 03, 425/- and paid an amount of Rs.6, 00, 000/- towards earnest money and advance sale consideration vide cheque No.312889 dt.28.06.2009 drawn on ICICI Bank, Vijayawada, and the same was acknowledged by the opposite parties No.1 to 3 vide receipt No.03516 dt.23.06.2009 and the same was also admitted and acknowledged in the agreement of sale dt.04.07.2009. On 10.07.2009 I had paid a sum of Rs.1, 40, 685/- vide cheque No.312890 dt.09.07.2009 drawn on ICICI Bank, Vijayawada, and the same was acknowledged by the opposite parties No.1 to 3 vide receipt No.03584 dt.10.07.2009. On 12.09.2009 the complainant, the opposite parties No.1 to 3 and the 4th opposite party had entered into Tripartite Agreement for Housing Loan, based on that agreement the 4th opposite party has paid a sum of Rs.11, 11, 028/- on avail of home loan of Rs.24, 34, 000/- by the complainant vide cheque No.499718 dt.12.09.2009 and the same was acknowledge by the opposite parites No.1 to 3 vide receipt No.03683 dt.12.09.2009, thus the total amount paid to you is Rs.18, 51, 713/- in accordance with the terms and conditions of the agreement of sale dt.04.07.2009 as against the total consideration of Rs.37, 03, 425/-.

6. I submit that I have paid a sum of Rs.18, 51, 713/- as against the total consideration of Rs.37, 03, 425/-. The 4th opposite party herein on the basis of agreement of sale sanctioned a home loan of Rs.24, 34, 000/- with a condition to disburse the home loan on execution of mortgage of the flat besides utilization of the loan amount shall for the purpose mentioned in the loan application. In contrary to the terms of agreement the 4th opposite party released 45% of the home loan to the developer company even before start of construction. The 4th opposite party would have remitted into escrow account ought to be maintain by the developer company in this regard. As a result the developer company resorted to diversion of home loan by defeating the very purpose of the home loan scheme thereby made suffer to me.

7. It is pertinent to mention that the loan disbursement shall be co-related with the progress of the construction and in accordance with the provisions of Section 4 & 5 of the AP Apartment (Promotion of Construction and Ownership Act & Rules, 1987). Whereas the 4th opposite party violated the same and committed unfair practice.

8. It is submitted that the home loan banker being a legal body under law ought to follow the provisions of statues such as The Andhra Pradesh Promotion of Apartments and Ownership Act, 1987 besides other guidelines issued by its superior/regulatory authorities such as RBI & NHB while releasing the home loan but failed to do so thereby the developer company diverted the home loan including the margin money paid by me. Thereby, 1st to 3rd opposite parties in collusion with the 4th opposite party committed not only deficiency of service but also unfair trade practice and caused loss besides physical suffering and mental agony to the complainant.

9. It is submitted that the complainant was compelled to pay EMI’s into home loan besides interest thereon as charged by the 4th opposite party, otherwise the 4th opposite party cautioned about the reference of default to the credit agency (CBIL). It is submitted that there has been no response over phone and mails from the opposite parties 1 to 3 in respect of progress of construction of flat under sale. Even though the complainants are ready to pay the balance of installments in accordance with the terms and conditions of the Agreement of Sale and progress of the construction, the opposite parties No.1 to 3 have not provided the details of the progress of the construction of the Flat under sale as on date.

10. I submit that the opposite parties started Aliens Space Station-1 project in the year 2007/08 and in the span of 7 to 8 years not even 1 station (out of 13) is 100% complete, leave alone the amenities, car park, Lakes and other infrastructure promised. It is not only deficiency of service and commitment; it is intentional case of cheating and deceiving innocent buyers who have invested sizable portion of their life savings with a dream to own a house. On noticing about the snail space of construction at project site the complaints prevailed up on the opposite parties 1 to 3 but they deaf eared and gave evasive replies. It is pertinent to mention that the developer company has to complete the construction of the flat by December, 2012 in terms of agreement sale dt.04.07.2009 under clause VIII (Delivery of Possession), under any circumstances. On the recent visit to the project, the complainant noticed that only basement work is completed, but the complainant’s Flat is at 6th Floor of the complex.

11. On noticing about the snail pace of works at the project complainant prevailed upon the opposite parties but could not get proper response. It is pertinent to mention that the opposite parties 1 to 3 have to complete the construction of the flat by December, 2012 in terms of Agreement of Sale dt.04.07.2009 under clause VIII (Delivery of Possession), under any circumstances. Thereby the opposite parties committed deficiency of service in not constructing the flat under sale in terms of Agreement of sale dt.04.07.2009. Moreover the 4th opposite party is having charge over the flat soon after sanction and disbursement of the home loan. As such the home loan banker ought to exercise its charge for recovery of home loan from the opposite parties 1 to 3 but did not do so. As such complainant got issued legal notice dt. .09.2015 on the opposite parties on the available address but there has been no response.

12. In view of cheating, mischief, fraud committed by the opposite parties No.1 to 3 the complainant lost the opportunity to have a residential accommodation in the year 2012 on the then prevailing costs. Besides the complainant paying interest into the home loan amount paid to the opposite parties No.1 to 3. Due to the fraudulent action of opposite parties No.1 to 3, the complainant suffered with mental agony, escalation of cost and other physical sufferings by wandering in and around the office of the opposite parties No.1 to 3 for the past few years, for which the opposite parties No.1 to 3 are liable to pay to a tune of Rs.10, 00, 000/-.

13. The 1st to 3rd opposite parties continuously made false promises in collusion with the 4th opposite party and not completed the project with fraud intention to cheat the complainant. In view of deficiency of service and unfair trade practice committed by the 1st to 3rd opposite parties in collusion with the 4th opposite party, and having no scope of completion of construction in the near future by the opposite parties 1 to 3, the complainant demanding the refund of the sale consideration of Rs.18, 51, 713/- which includes home loan, with 24% interest per annum for the period from the respective dates of payments and subsequent interest till the refund of the same from the opposite parties. Besides the opposite parties are also liable to pay compensation charges @ Rs.3/- (Rs.3/- per square feet) per month according to clause-G of VIII (delivery of possession) for any reason if the opposite parties failed to handover the flat to us on or before December 2012, Further the due date for handover of flat is already over by December, 2012 and due to the deficiency in service by the opposite parties, the complainant is residing in a rented house by paying huge amounts of monthly rents. As such the opposite parties are liable to pay fair rental value @ Rs.10/- per sq. ft., per month for the delayed period w.e.f. December, 2012 to till the date if refunding the amount paid including compensation and interest.

14. It is submitted that in view of deficiency of service and unfair trade practice committed by the 1st to 3rd opposite parties, they are liable to pay compensation for escalation of costs, physical suffering and mental agony caused to the complainant to a tune of Rs.10, 00, 000/- .

Sl.
No. Description Amount Date of payment made by the complainant Interest @ 24% from the respective date of payments made Grand total
1 Earnest Money paid 6, 00, 000/- 23.06.2009 9, 00, 000/- 15, 00, 000/-
2 Further Payment 1, 40, 685/- 10.07.2009 2, 11, 028/- 3, 51, 713/-
3 Loan Disbursed 11, 11, 028/- 12.09.2009 16, 22, 101/- 27, 33, 129/-
4 Compensation towards Holding Charges @ Rs.3/- per sq. ft. Per month for 33 months

1, 33, 056/-

–

1, 33, 056/-
5 Damages caused due to escalation of cost and mental suffering

10, 00, 000/-
– 10, 00, 000/-
6 Fair rental value @ Rs.10/- per sq. ft., per month w. e. f. December, 2012 to till date
4, 43, 520/-
–
4, 43, 520/-
7 Legal Charges 50, 000/- – 50, 000/-
Total 34, 78, 289/- 27, 33, 128/- 62, 11, 417/-

Prayer:
Therefore it is humbly prayed that this Hon’ble Commission may be pleased to direct the opposite parties No.1 to 3 to pay total amount of Rs.62, 11, 417/- and further direct them to pay the same @24% till the realization, as briefed in the above tabular form under the following heads;
a) To refund the paid sale consideration of Rs.18, 51, 713/- along with interest @ 24% per annum from the respective dates of payment to till the realization of the same.
b) To pay compensation towards holding charges @ Rs.3/- per sft., per month according to clause-G of VIII (delivery of possession) for any reason if the opposite parties failed to handover the flat to the complainants on or before December 2012. As such the opposite parties are liable to pay holding charges from December, 2012 till date (33 months) amounting to Rs.1, 33, 056/- along with interest @ 24% per annum and further they are continuously liable to pay the holding charges till the realization of total demanded amount.
c) To pay Rs.10, 00, 000/- as compensation for causing mental agony, suffering & escalation of construction cost.
d) To pay fair rental value @ Rs.10/- per sft, per month w.e.f. December, 2012 amounting to Rs.4, 43, 520/- till date and further continue to pay till the refund of the total demanded amount.
e) To pay legal charges of Rs.50, 000/- being the legal charges of this complainant.
f) To pay home loan amount owes to 4th opposite party with necessary interest and other charges levied into the account out of the claim amount claimed herein.
g) To pass such other order or orders as this Hon’ble Commission deems fit and proper in the interest of justice.

BEFORE THE HON’BLE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION :: AT HYDERABAD

C C No. of 2015

Between:

Nirbhaya Kumar Shah …. Complainant

And

M/s. Aliens Developers (P) Ltd.,
And others …. Opposite Parties

COMPLAINT FILED UNDER SECTION 17 (1), a (i) OF CONSUMER PROTECTION ACT 1986 & 2002

NATURE OF CLAIM

To direct the opposite parties No.1 to 3 to refund the sale consideration with interest and subsequent interest till the date of realization and award the compensation of Rs.62, 11, 417/- and also pay the legal charges of Rs.50, 000/- payable to the complainant

Nirbhaya Kumar Shah …. Complainant

And

M/s. Aliens Developers (P) Ltd.,
Rep. by its Managing Director and Joint Managing Director,
O/o Flat No.911, Teja Block, My Home Navadeepa Apartments,
Madhapur, Near Hi-Tech City, Hyderabad-500 081
And others ….. Opposite Parties

INDEX
Sl.
No. Description of the Document Date Page Nos.
01. Complaint
02. Affidavit
03. Copy of Agreement of Sale 04.07.2009
04. Copy of Receipt No.3516 23.06.2009
05. Copy of Receipt No.3584 10.07.2009
06. Copy of Receipt No.3683 12.09.2009
07. Copy of Home Loan Sanction letter
08. Copy of Tripartite Agreement 12.09.2009
09. Office copy of legal notices served on the opposite parties .09.2015
10. Original copies of registered post receipts and acknowledgement cards and returned postal covers
11. DD & Memo

I have paid advance for a flat at aliens space station, tellapur in hyderabad last year march 2017. On the date of deal discussion, the sales team agreed to give flat in july/aug 2018 but after i paid advance and asked them to send email about delivery date, they sent as nov 2018. The sale agreement is not given to me for last one year and asked me to sign sale agreement this week. I have gone through agreement terms and conditions-i am not satisfied with few things-delivery date is mentioned as december 2019 which is really against my capacity and they ask me to start bank loan without written confirmation on my flat delivery date. They state that if delivery is delayed, they pay us rs. 3 per sqft and my flat is about 1254 sqft. We have discussed all our financial strength before buying and i can’t bear to pay emi and rent at same time-i an residing in rented house which i want to avoid and use amount to but new flat on emi. If i delay any payment, i have to pay 9% interest but if flat is delayed, why they compensate only rs.3 per sqft which is just rs.3700 per month – i would pay bank at interest if rs 20000 per month but builder pays not even half of that? I have not yet signed the agreement yet-can there be any favour towards me or should i cancel the deal. If i cancel the deal i night loose almost 1.5 lakh

Regards
Bhavanarayana
Hyderabad

Dear sir, my name is i. Arun kumar, residence at chennai. I have booked a flat in aliens developers pvt ltd on 18th march 2018. I have paid 899982/- money in three instalments as per my commitments and they agreed for this. The sales managers mr g kishore kumar ([protected]) and mr subbu ([protected]) has committed for 1) 2 acs 2) 300 sq yard plot 3) 50% gst will be paid by company 4) registration on land value. At that time my budget was 60 to 65l including everything. But after paying money they are not picking the phones. After my personal visit, mr kiran emmadi ([protected]) is saying above all will not be given as they are false commitments. At that time i decided to cancel my flat. But again he accepted to give the first two things. But the flat cost is going more than 85l which i can’t bear. Finally, i have cancelled my flat during oct. I have sent the mail on 23rd oct to the team to return the money. They have not replied and not answering the calls. I have visited again personally to take the money. They said they will give in short. Mr prashant ([protected]) & mr rajamohan ([protected]) is the cancellation department has not responded to my phones and messages.in writing, they have sent a bond agreement for repayment. 10th dec – 350000/- 20th jan – 5, 49, 982/- after so many follow-ups, they paid on 21st dec – 3.50l. For the remaining amount i have visited three times, but no use. As of now, they are not giving clarity on repayment of my money.in this process, i have lost nearly 10l due to a price increase in land and my travel to hyderabad.

Hi this is ajender i had booked flat in november 2018 due so some reason i cancelled the plot they said they will return the paid money with in 2months but it’s almost 7 months know one is responding…
Before i went to visit the aliens station they responded in good later i had payed some amount of 4.5 lakhs after some days they calling daily for rest amount with irresponsible/disrespect as i recorded… Later i cancel the flat they are not the lifting the calls late replies in whatapps…
Even i had changed the flat to plot but are also not responding… They keep on saying next month you will get are need some are process going on…

To,
Telangana real estate regulatory authority,
Hyderabad.
Subject –not handing over of flats by m/s aliens developers private limited tellapur – village. Ramchandrapuram – mandal. Medak – district. (Hyderabad) – 502032.
I (Nirbhaya kumar shah) and my son (Abhishek kumar) have booked flat no.601 in station#1 vide a9/ss/959 dated 23/06/2009 and flat no.420 in station#4 vide a9/ss/918 dated 23/05/2009 in aliens space station#1, tellapur, hyderabad in 2009 and paid rs.1851713/- and rs.1587500/- respectively through state bank of india, hyderabad bank home loan a/c no.[protected] & saving bank a/c no.[protected] (Nirbhaya kumar shah) and state bank of india, hyderabad bank loan a/c no.[protected] & saving bank a/c no.[protected] (Abhishek kumar) respectively in the year of 2009, which is a 50% cost of flat, with a commitment by aliens to hand over flats in three years as per “agreement of sale” i. E.in the year 2012. But aliens could not deliver the flats till now.in fact aliens did very little work and seems most of our fund was diverted in their other project.
We were sanctioned house building loan in 2009 by sbi official without inspecting builder’s (Aliens developers private limited, hyderabad) valid document by sbi and paid money to builder without progress as well as without registration of property (Which is the very primary checks of bank) resulting loss of our principal amount (Rs.1851713/- + rs.1587500/- = rs.3439213/-)
We have paid entire loan amount to state bank of india.
Home loan sanction details are as follows –
(1) – builder –

Aliens developers private limited ([protected], [protected], [protected])
Tellapur – village. Ramchandrapuram – mandal.
Medak – district. (Hyderabad) – 502032.
Dgpa’s document no.-23198/06 dated 07/10/2006,
22230/06 dated 07/10/2006 and 13321/07 dated 23/062007
Huda permission no. 621/p4/plg/huda/2008 dated 11/04/2008.

(2) – customer –
(A) nirbhaya kumar shah s/o late sri k. P. Shah
Flat no. – 601 in station#1
Cost of flat – rs.37, 03, 425
Sbi, hyderabad home loan a/c no. [protected].
Sbi, hyderabad saving a/c no.-[protected]. (Through which emi was paid).
Loan sanction amount – rs.24, 34, 000/-
Loan taken amount – rs.11, 11, 028/-dated 12/09/2009
Aliens reference no. – flat no.601in station#1vide a9/ss/959 dated 23/06/2009
Sbi tripartite agreement by – agm, racpc, sbi, hyderabad dated –12/09/2009
Amount paid to m/s aliens – rs.1851713/-
(B) abhishek kumar s/o nirbhaya kumar shah
Flat no.-420 in station#4
Cost of flat – rs.38, 73, 353
Sbi, hyderabad home loan a/c no. [protected].
Sbi, hyderabad saving a/c no – [protected] (Through which emi was paid).
Loan sanction amount – rs.19, 32, 000/-
Loan taken amount – rs.600000/-dated 08/02/2010
Aliens reference no. – flat no. 420 in station#4 vide a9/ss/918 dated 23/05/2009.
Sbi tripartite agreement – by agm, racpc, sbi, hyderabad dated 06/02/2010
Sbi tripartite agreement – by agm, racpc, sbi, hyderabad dated -06/02/2010.
Amount paid to m/s aliens – rs.1587500/-
We have paid entire loan amount (Principal and interest) to state bank of india and got back our original aos being good citizen of india.
Hence i request you to please look into the matter and do the needful to get our apartment or principal amount with interest. I had taken home loan from sbi considering it government of india and invested my whole life hard earned money.
Presently i have settled in mumbai after retirement as m/s aliens did not hand over the flat.
Thanks.
Yours faithfully
Nirbhaya kumar shah ([protected])
Abhishek kumar

Respected authorities
Am phani from andhra pradesh working in renowned construction company aliens developers pvt ltd, coming to the subject many are becoming victims for dangerous pits along nallagandla to thellapur road. Pregnants, old people, kids are being mostly affected, please take initiative to resolve the issue as early as possible, ours is the greatest economy and also telangana is the most helping out state to india’s fiscal deficit, in return we people are expecting the same from hyderabad
Thanking you

We booked a flat in my wife’s name in aug 2017 which was promised to be delivered by between july 2018 to dec 2018. As there was no progress at all (Literally there was no work) in may 2018 we requested the builder to cancel our booking. We signed the cancellation agreement which stated that the money will be refunded by aug 2018. We kept on following up and all we hear is that the fund is delayed. After numerous follow up, we were given one-third of the amount in nov 2018. For rest of the amount, we have been following up for past 9 months and no one is listening. The contact person promises with a date and then by that day the person is no more with the company. Someone else takes up the case and promises a date. The same scene has happened 3-4 times in last 1.5 years.

If someone can help us get the refund, we will be grateful.