Unibera Developers Pvt. Ltd
I had booked a flat in M/s Unibera Developers Pvt. Ltd at NOIDA [W]. The starting of the project itself was delayed by almost a year & when we met the CMD of the company to lodge our complaint over this inordinate delay & also to request for the refund our booking amount the M.D. of M/s. Unibera Developers Pvt. Ltd. gave us an offer that after completion of the 60% of the construction of our unit The Builder shall buy back the flat with a minimum appreciation price of Rs. 150/- per square feet over & above the purchase price.
But when we approached M/s. Unibera after the completion of 60% of the construction first they did not acknowledge that there is any such agreement which was entered into but when we showed them the copy of the Agreement duly signed by them & executed and also rigorously pursued the matter after number of excuses they with reluctance agreed to issue [PDCs] Post Dated Cheques with the agreed marginal appreciation amount & also agreed to bear the ICICI bank’s EMI till date the full amount is paid by them. They had promised to pay the full amount within 03 months i.e June to August 2016.
Very cleverly first they issued lesser amount’s cheques giving excuse that they are facing lot of financial problems and as a decent human being we also cooperated with them. Their first cheque got encashed but after that almost all their cheques got bounced or they requested not to present to bank.
With lots of follow up & persuasions they could make the payment of approx. Rs. 08.50 lakhs as against the total payment of Rs.29.00 lakhs due to them apart from the monthly EMIs which are till date borne by us.
Before the issue of the PDCs it was mutually agreed that once the full payment is made the allottee of the flat shall clear the home loan in full & submit the necessary documents/NOC to the builder so that allotment of the flat is cancelled but in between an e mail was received from M/s Unibera Developers Pvt. Ltd to clear the loan first otherwise they will not make any further payment even though they had issued the PDCs for the full amount without any prior condition. Since it was mutually agreed before the issue of PDCs by the builder that home loan shall be paid in full by the applicant/allottee & accordingly we have obtained the letter from the ICICI bank. The total loan amount is approx. Rs. 15.74 lakhs & so far the payment received from M/s Unibera is only Rs. 08.50 lakhs.
I even suggested that we are prepared to give a draft of the balance loan amount in favour of the bank provided M/s Unibera Developers also give us a Draft of the remaining full amount which they did not accept since they do not have good intentions to refund the amount.
In view of the above facts I would request the learned members of this forum to kindly give their valuable advise/suggestion for the next course of action against the bui
- Noida Extension, Noida, Uttar Pradesh 201305, India
I am also facing the same issue. kindly share your mobile no. or call me on 9712984679
Despite of all the falls promises & Agreement the builder has not full filled his commitments which was agreed upon.