Cheating by Raheja Developers Ltd - Auction of incomplete houses as ready to move dream houses

I need guidance on how to go about for recovering my hard earned money. The details are as follows: -

My friend got an email from Raheja informing him of auction of residential (stated as “ready to move dream houses”) and commercial property in Gurugram on 24 March 2019. He informed me of the same since both of us were looking for property nearby for settling down post retirement within next month or so. We decided to participate in the auction and accordingly, on 19 March 2019, he requested the Coy to forward the list of properties coming up for auction. We wanted to see the property before auction. However, there was no reply from the coy. As a result we couldn’t see the properties before auction and the list of properties coming up for auction was only displayed at the venue of auction on the day of auction. We reached about 45 mins before the auction and shortlisted two adjacent flats for bidding. Thereafter we informed the executives present at the venue that we want houses to shift immediately and hence are interested in “ready to move” residential property only. To this they confirmed that the shortlisted flats are indeed “ready to move” and we can bid for them without hesitation. Thereafter we were directed to another executive who was supposedly more aware of this site and informed us of the directions and sun conditions etc. He also confirmed that the houses are ready to move and over 250 families are already residing in the said project.
Thereafter we paid Rs 51000/- for participating in the bidding and finally won of the bids for both the houses. We signed the application and paid 10% of the cost as earnest money through credit card and the allotment letter was issued to us by 5 PM. Immediately after getting free from there, we went to see the houses and to my horror, I found that the houses were far from ready for moving in. In one of the houses, the floor tiles had not been fitted in any of the three bedrooms, three toilets and kitchen and toilet fittings including the wash basin and commodes were missing. Multiple seepages were seen all over the house. The toilet was open to the area carrying vertical drainage pipes without any window. The false ceiling in the toilets was all broken and lying around. The electrical fittings and wires were all damaged. We were told by the few residents staying there that the builder is notorious of not undertaking works after receipt of money and these houses have been lying unattended for 6 to 7 years.
The very next day, we emailed Raheja about the condition of the house and requested them to return our money. But they said that they will ensure completion of the pending works before handing over the house. After two or three days, an executive from the coy called both of us individually and asked us to pay the balance amount by 31 March 2019. On being asked about the repairs, she said, that the repairs will be undertaken but asked me to make the payment. I informed her that though I have initiated the my application for loan, I would be grateful if the repairs can be completed before any further payment. It is brought out here that the specifications that we were made to sign before payment of the 10 % of the cost, had specified wooden floor in all three bedrooms and tiles in toilets and kitchen. I had taken photo of this complete document.
Thereafter, on 02 March 2019, I received another call from their executive who repeated that they will undertake the repairs but informed me that I will have to buy the toilet fittings since the coy will not buy these fittings for one flat. But he wanted me to pay another 80 % of the cost of flat and hold 10% of the cost of the flat till completion of the works. I accepted to buy the toilet fittings but requested him to forward the offer through email to put down the commitment in writing.
However to my horror, I got an email from the coy next day stating that the term "Ready to Move in" does not stand for an apartment which is ready with all fixtures & fittings but it means that apartment in ready to occupy immediately after all requisite approvals of government and anyone can occupy and get the balance work done as per his/her personal choices. The email also stated that the coy executive had offered me a special proposal but the same was also declined by me and in the running situation, they were left with no option but to cancel your allotment and the earnest money paid towards total bid amount shall be forfeited as per agreed terms & conditions. This email also mentioned that we had signed some document whereby we accepted the houses in as is where is condition before participating in the auction. Since neither of us remember signing any such document before auction, we forwarded an email immediately requesting them to forward a copy of this document which is yet to be received.

Now I request my experienced friends here as to what are the best options available for me and my friend? We don’t want to lose our hard-earned money but also are scared if they don’t carry out the work after receiving another 80% of the cost. Are there any legal remedies to ask for my 10 % cost paid since the houses were not ready to move as had been promised before the auction by their executives and the list of houses coming up for auction was not made available for inspection before participating in auction? Can I expect some relief from the Judicial system?

PS: On the day of auction, I had inquired for any other such residential houses available since, my sister in law was also looking for a house in the vicinity. I was told that there are a few houses that were returned by the persons who had won the bids in the previous week since their loans were not cleared. Though they informed that their money was returned, but now I feel their 10% of the cost too must have been kept by the coy and the reason for return of the house must have been similar that is, incomplete work and extensive damages in the house. more  

View all 15 comments Below 15 comments
Did you post,all these on social media? more  
Not yet sir except the local circles. more  
although, you wanted to mover over to own flat,how can some one bid a property without verifying the reality of its existence. Bewfore releasing the final payment than the 10% paid as bidding payment, shoot out a registered A D letter with complete picture of the flat allotted to you. Mark a copy with all enclosures to RERA, quoting the registration no and details of Raheja for their suitable action.

As rightly suggested by Mr. Dinesh Mohan, post your exhaustive grievance with all supporting in social media without delay. more  
Yes sir, it was stupid of us to participate in bidding process without seeing the flats just on the basis of assurances. Now ofcourse we have filed a complaint.

As for social media, local circles is the only media that I have used for the purpose. Now that you have given this nice suggestion, I will see how to use other social media for this purpose too. more  
File a police complaint with economic offences wing. more  
Done online sir. Also forwarded a copy to all concerned authorities including RERA etc. Another esteemed member of local circles, Mr Neeraj Chopra is helping. Will share the progress with all members for future reference. more  
Better take pictures of your house as it is post these to social media like FB ,or go to RER~A more  

Related Posts

    • Correction in Khasra No. of my House

      I inherited a house from my father at Varanasi and now I am planning to sell it . I contacted a Lawyer to see my papers etc. , After examining the papers , Lawyer told me that Khasra No. mentioned...

      By HIRA SRIVASTAVA
      /
    • Old Age. Living in Peace

      My close friend has a flat in Bangalore. His son is doing job and started living in that flat. The son selected a girl on his own and after marriage started living in the same flat. After 4-years t...

      By Chandan Pal
      /
    • Flat sold for 14th floor appears to be on 13th floor physically. Is it legal?

      I booked a flat at Palava Phase II at Dombivbli, Maharashtra with Lodha Builders. The flat was registered as flat number 1404 on the 14th floor. Since this was under construction flat, it was regis...

      By Abhijit Bhattacharyya
      /
    • Hathway Digital Cable TV_Worst Service Provider

      Hathway Digital Cable TV: I had written several mails to the Nodal Office - Karnataka and also to the Digital Cable TV Head - India, updating them on the issues i am facing viz., firstly i am not a...

      By Ram Subhash
      /
    • Pension

      Hello all, I have a big Problem, My grandma is 78 year old and My grand father is passed away in 2000. But my Grandfather is Freedom fighters in 'Dandi yatra'. After my grandfather death The Gove...

      By Hiren Pandya
      /
    • how complaint against an Advocate can be made for suppressing facts of case to stop registering FIR?

      Request to all Hon'ble members , please advice 1. In the court of MM a criminal complaint case u/s 156 is made in 2015 by a 'WOMEN' and MM ordered FIR for investigation to police, this case is dis...

      By Iqbal Singh
      /
    • operations in E

      My relative maintain one Eor S SB a/c with a local bank with his wife and daughter as survivors. He has expired recently. Is it possible for the survivors to add one more person as survivor after...

      By Ven Iyer
      /
    • Complaint case at court Tis Hazari Delhi and FIR

      A Fir is registered by the order of court against my son by an advocate using his mother as complainant, living on first floor and i am living at ground floor. My son is not living in Delhi since ...

      By Iqbal Singh
      /
    • Job Fraud Complain

      Where should i complain for fraud Job and taken money for job of Jet Airlines Hr.department.

      By Humayun Eajaz Momin
      /
    • Request Legal opinion on Loan against Property

      A property was acquired by two brothers through Will from grand parent. The property division was not done. Can a bank extend loan to one party without consent from the other, using the original do...

      By SHAILESH RAO
      /
Share To
Enter your email & mobile number and we will send you the instructions

Note - The email can sometime gets delivered to the spam folder, so the instruction will be send to your mobile as well

Please select a Circle that you want people to invite to.
Invite to
(Maximum 500 email ids allowed.)