BY Ram Krishna Jha The write-up regarding Earth Infrastructures Pvt Ltd was just mailed on [email protected] and [email protected]. Once again the same is pasted here for your kind perusal. CASE AGAINST THE EARTH INFRASTRUCTURES (Pvt.) LTD. 1. CASE IN BRIEF: Booked a Flat in the month of Oct.2010 with the reference as Booking No. ETH/HS/B/002682 in the Project "Earth Towne", situated at Plot No.: GH- 04, Sector.1, Greater Noida, UP and after paying two installments in continuation, the Builder Buyer Agreement was prepared and duly signed on 08th Aug. 2011 by the Builder named as EARTH INFRASTRUCTURES (Pvt.) LTD and by us herein named as Ram Krishna Jha & Nisha Jha. In compliance of the Demand Notice of the Company for Third Installment, I attempted four times in a row to make payment which were refused to be accepted by the Company without giving any reason on record. The Customer Care Cell of the Company through its Customer Care Executive was intentionally, deliberately and strategically also not co-operated. The willful intention of the Company behind its strategic act was to force me to surrender the Booking or the Company could terminate my Booking on the ground of Non-Payment so that the vacant Unit could be resold on the exorbitant cost. Ultimately without any prior communication/notice, the Company through its letter forcefully terminated my booking on the ground of ‘Non-Payment’. The letter was willfully and deliberately addressed not in my name so that it could not reach to me well in time. Thus the act of the Company is unlawful, illegal, nefarious, unethical and a fraud against customers. 2. CHAIN OF EVENTS: 1. Booked a Flat in Oct. 2010 in the Project i.e. "Earth Towne", launched by the Company, EARTH INFRASTRUCTURES (Pvt.) LTD., Regd. Office at 26, 1st Floor, Pusa Road, Adjoining Karol Bagh Metro Station, New Delhi – 110005, and with a Corporate Office at A-1, C&D, Sector 16, Near Metro Station, NOIDA, UP, Tel: 011-3990200, E-mail :info@earthinfraWebsite :earthinfra (Application as Annexure-1.) 2. The Flat was booked through Dream Avenues Solutions Private ltd., 303, 4th Floor, J.S. Arcade, Sector-18, Noida-201301, UP, the authorized agent of the Earth Infrastructures Ltd. The agent might have aware of the inherent limitations of the Pre-Launch Projects but he enticed us for the Booking in this project. There may be some under hand dealings between the Broker Company and the Builders. 3. Total cost of the proposed Flat was Rs. 46, 67,635/- and out of which I had already paid two installments with a total amount of Rs. 8,00,000/- (Eight Lacs) as per the demand note issued by the Company. (Receipts as Annexure – 2 & 3.) 4. The Company has got necessary approval from the Greater Noida Development Authority vide Letter No. PLG/(BP)BP- 2512/GH/1941, Dated: 04/03/2011. (Annexure – 4.) 5. After paying two installments in continuation, the BBA (Builder Buyer Agreement) was prepared and duly signed by the Developer, i.e. the Company, EARTH INFRASTRUCTURES (Pvt.) LTD. and Allottees herein named as Ram Krishna Jha and Smt. Nisha Jha, on the date: 08th Aug 2011 (Annexure – 5.) 6. As per the fresh demand note of the Company, Service Tax was also paid against which a receipt was issued by the Company (Annexure- 6). It seems that the Government is interested to extract only Service Tax by any means. When the Project was not meeting all the requirements of legality, how the Govt of UP imposed the Service Tax ? 7. Through my E-Mail dated: 15/12/2012 to the Company, I inquired about the total liability of Third Installment including Service Tax. (Annexure – 7.) 8. Against the above query, I got the reply on the same day through the same route wherein there was an attachment, Demand Note dated: 9th Oct. 2012. (Annexure – 8.) 9. In response to the above demand note, I dispatched the payment of Third Installment through the registered letter dated: 21/12/2012 to the Corporate Office of the Company i.e. at A-1, C&D, Sector 16, Near Metro Station, Noida, UP. (Annexure – 9.) 10. In the meantime, since there was no information regarding the whereabouts of my regd. letter, I shot an E-Mail dated: 23/01/2013 to the Company. (Annexure – 10.) 11. In the absence of any communication from the Company side on the above E-Mail, I had to file a complaint with the Postal Department on 21/01/2013 regarding the whereabouts of the above regd. letter. (Annexure – 11.) 12. The above letter was returned back to my address on 30/01/2013 which was refused to be received by the Company and thereafter was returned on 29/12/2012 without giving any reason on the record. It seems that the registered letter was deliberately refused to be received by the Company with a motive to strategically harass a client like me residing in far flung area. (Annexure – 12 & 13.) 13. Company’s refusal of my letter caused me a lot of mental agony as well as loss of precious time and money which was incurred on the above letter under dispatch. 14. It is more surprising to note here that, on the one side, the Company sends Demand Notice and on the other side, it refuses to receive the payment. 15. Since the above Regd. Letter dated: 21/12/2012 was refused to be received by the Company’s Corporate Office without any reason on record, so I again dispatched the Payment by issuing another Cheque leaf in favor of EARTH INFRASTRUCTURES LTD on the date: 02/02/2013 through the Speed Post (EF280466430IN) to the Company’s Regd. Office i.e. 26, 1st Floor, Pusa Road, Adjoining Karol Bagh Metro Station, New Delhi – 110005 which was duly delivered to the Company on 04/02/2013. (Annexure – 14.) 16. Meanwhile, I shot an Email on 10/02/2013 inquiring about the acknowledgement of the Speed Post dated: 02/02/2013 as well as seeking information about the payment of Fourth Installment in advance. It too remained un responded. (Annexure – 15.) 17. The payment dispatched through the above Speed Post dated: 02/02/2013 was again returned back to me in another envelop by the Company through the Speed Post under the sign of ‘Nafis’, dated: 07/02/2013 which was delivered to me on the date: 22/02/2013. The Company again had not recorded any reason of refusal and sent the payment back to me without any reference and covering letter. (Annexure – 16 & 17.) 18. In a great pain and agony, I emailed on 05/02/2013 to the Company inquiring about the reasons of twice refusal in a chain but that too remained un-responded from the Company’s end. (Annexure – 18.) 19. Company’s above acts towards its own Clients who invested their hard earned money in the project ‘Earth Towne’ when it was in its nascent stage and there were few takers of the scheme, cannot be judged as ‘Ethical and Responsible acts’. 20. In the event of above developments, on 25/02/2013, I called to Company’s Customer Care No’s, between 17.20 to 17.36 to enquire about twice refusal of the payment. Outcome is below: i. At 17.20, I called on the No. 09311114067 where Mr. Nafis attended. On asking about the reasons of refusal, he replied back that he was not authorized to attend the Customer Care and directed me to call on another No’s which he himself provided. I followed it. ii. At 17.24, I called on the No. 09311114066 ; despite ring tone it remained unattended. iii. At 17.25, I called on the No. 09311114064 ; it was disconnected. iv. At 17.27, I called on the No. 09311114065 ; it was disconnected. v. At 17.36, I again called on the No. 09311114064 ; it was out of reach. 21. Against the above callous attitude of the Customer Care Cell of the Company, I filled the complaint against it before the Company itself with the hope that the Company would take action. The complaint was filed through the Email dated: 26/02/2013 and through the Speed Post Dated: 27/02/2013 [EI255910134IN] but again the Company did not budge to its responsibility towards its client. (Annexure – 19.) 22. Meanwhile on 02/03/2013 at 11.47 through Mob No. 9266670345 , I was instructed by a lady official of the Company to talk to the authorized Agent of the Company through whom I booked the Flat about the reason of refusal of the Third Installment. 23. On 04/03/2013, I emailed a letter to the Director complaining against the non-cooperation of the Company towards acceptance of the Third Installment which I was attempting to pay from the last three months. (Annexure- 20) 24. I dispatched a letter as ‘Urgent Representation’ addressed to the Director of the Company on 05/03/2013 through Speed Post [EI257440053IN] which was duly delivered to the address on 09/03/2013, enumerating all the facts pertaining to the payment of Third Installment. It too remained un-responded from the Company’s end. (Annexure - 21 ) 25. The copies of the above representation were also emailed to the Chairman, CEO, Adl. CEO and OSD of the Greater Noida Industrial Development Authority at their respective E-Mail Ids for information and needful action. But nothing was done by this regulatory institution to protect my interest in the event of continuous refusal by the Company. 26. On 05/03/2013, through Email Demand Note sent by Customer Care Executive Mr. Nafisur Rehman, I was asked to pay Rs. 600176/- as total dues under the ‘heads’ – Due amount of Third Installment [Rs. 379179=00], Service Tax Due [Rs. 32317=00] and Interest Due [Rs. 188680=00]. (Annexure- 22) 27. In reference to the above Email Demand Note Dated: 05/03/2013, I emailed a letter on the same date, i.e. 06/03/2013 to the sender, named above, in which I approved the above demand with a ‘note of descent’ and requested to provide accounts detail of the Company to which the above amount could be Electronically transferred and immediate settlement could be ensured. (Annexure-23) 28. Against my email letter dated 06/03/2013, Mr. Nafisur Rehman, Customer Care Executive of the Company responded via email on the same date, i.e. 06/03/2013 justifying the Company’s Demand Note Dated 05/03/2013. (Annexure-24) 29. On 07/03/2013 in continuation of my email dated 06/03/2013, I again requested to the Company to provide accounts detail so that through RTGS mode of payment money could be transferred so immediate settlement could take place. (Annexure-25) 30. On 08/03/2013, I was told by the Customer Care Executive as named above on Mob that my objections raised on the interest charge would be revised and a fresh Demand Note would be mailed to me shortly. 31. In the absence of quick response from the Company’s end, on 10/03/2013, I emailed a letter to the Customer Care Executive as named above to send the Revised Demand Note immediately. (Annexure - 26) 32. On 12/03/2013, Customer Care Executive as named above sent via email the Revised Demand Note of Rs. 5, 87,835=00 in place of Rs. 6, 00,176/- as demanded in the previous Demand Note dated: 05/03/2013. (Annexure - 27) 33. In compliance of the Revised Demand Note dated: 12/03/2013, I sent the payment through a consolidated cheque of Rs. 5, 87,835=00 in favour of EARTH INFRASTRUCTURES LTD by Speed Post [EI257243331IN] on 14/03/2013 in the absence of RTGS details of the Company for Which I repeatedly requested for immediate settlement of all the dues pertaining to the Third Installment. The letter was duly delivered to the Company’s Customer Care Executive Mr. Nafis on 18/03/2013. (Annexure - 28) 34. It was surprising that suddenly on 23/03/2013 at 16.05 on Mob, I was directed by the Company’s Customer Care Executive Mr. Nafis to pay the interest amount in favor of ‘EARTH INFRASTRUCTURES LTD-ADMIN EXPENSES’ in place of EARTH INFRASTRUCTURES LTD which was mentioned in the BBA, with a threatening that payment done through the consolidated cheque would be returned and my Booking would be terminated. I requested him to adjust the amount as advance and the amount under Interest Charge would be sent through another cheque within 15 days. 35. The above account name i.e. ‘EARTH INFRASTRUCTURES LTD-ADMIN EXPENSES’ was also passed to me via email on the same date: 23/03/2013 at 16.13. ((Annexure - 29) 36. I immediately acted upon the above Mobile communication and the email [point no. 33 & 34] and sent a request letter via email on 24/03/2013 to the above named Company’s Customer Care Executive Mr. Nafis with the request to kindly accept the payment of Third Installment including Service Charge (379179 + 32317) and the amount under the head ‘Interest Due’ i.e. Rs. 176339=00 be adjusted as an ‘ADVANCE’ which would not only save my precious ‘Time & Money’ but it would also contain the National Loss arising due to subsequent cancellation of banking instruments i.e. Cheques. (Annexure - 30) 37. The above named Company’s Customer Care Executive Mr. Nafis on 01/04/2013 again emailed a letter directing to pay the interest amount charged by the Company in favour of ‘EARTH INFRASTRUCTURES LTD-ADMIN EXPENSES’. (Annexure - 31) 38. But my appeal made through the letter dated: 24/03/2013 was strategically turned down and it was again returned back to me without giving any reason on record by the Company under the sign of the above named Customer Care Executive Mr. Nafis by Speed Post [ED85050381], dated: 28/03/2013. The letter was delivered to me on 04/04/2013. (Annexure - 32) 39. On receipt of the letter dated: 28/03/2013 on 04/04/2013, I sent a protest letter by email on the same day i.e. on 04/04/2013 and requested that within 15 days as the Bank would provide the new cheque book, the payment would be dispatched to the Company. (Annexure - 33) 40. As I received the new cheque book, I emailed a letter to to Customer Care Executive Mr. Nafis with the request to confirm the payment before dispatch to avoid further embarrassment. (Annexure - 34) 41. Since the above mail was not responded, I dispatched the letter on 28/05/2013 by Speed post [RI052731306IN]. (Annexure - 35) 42. Since the attitude of the Company was deliberate and strategic to harm my financial interest by torturing me, I sent a letter by Speed Post on 28/05/2013 to the Chairman and Chief Executive Officer of the Greater Noida Industrial Development Authority seeking direction to the Company to accept the Third Installment towards my Booking No. ETH/HS/B/002682 in the Project "Earth Towne", situated at Plot No. GH.04, Sector.1, Greater Noida, UP. (Annexure - 36) 43. A complain cum direction seeking letter was also filled before CREDAI-NCR through its Consumer Grievance Redressal Forum on 28/05/2013. (Annexure - 37) 44. . Ultimately on 15/06/2013, I got the wrongly named and wrongly delivered Termination letter dated: 04/04/2013 issued by the Company on the ground of ‘Non-Payment’. The letter was willfully and deliberately misrepresented by the Company. (Annexure - 38) Thus the act of the Company is unlawful, illegal, nefarious, unethical and a fraud against us. Dr. RAM KRISHNA Sr. Asst. Professor of Economics Government College MP.
Posted on: Mon, 19 Aug 2013 06:23:36 +0000
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