Dishonoured security cheques
I got you address from the internet and am writing to you seeking help.
I am a serving army officer presently based in Lucknow. I was posted in Pune from Feb 2007 to Apr 2011 and then was transferred to Guwahati from where I have shifted to Lucknow last year.
In 2007 when posted in Pune, based on a news paper advertisement and then after meeting the Builders Sairung constructions from Pune, I decided to purchase a Flat No: 202 Building “B” at Second Floor in project SRK SOLUS situated at Village Marunji, Tal. Mulshi, Dist. Pune, constructed by Sairung Developers, 501, Corporate Plaza, Near Chatushrungi Temple, Senapati Bapat Road, Pune 411016. The said project was to be completed in Dec 2007.
I had taken a bank loan of 18 lakhs from IDBI Home Finance, Pune and had made 100 % payment of 30.5 lakhs in Sept 2007. The cost of the flat was 26 lakhs and in addition the builder had charged Rs two lakhs for a club house with a promise of lifetime use of the facilities, and Rupees two lakhs and fifty thousand in cash for furnishing the flat and society and legal charges. The builder has till date not given the possession of my flat.
The builder has started a hotel there in the Name of Spree Longer and the flats are being rent out . He has not given the possession off the flat to me . Also without my consent and agreement my flat is being used as a service apartment and the builder is earning a profit out of it with out handing over the possession to me. I have contacted him many times in the past four years but he has refused to hand over possession to me.
I had sent an email complaint to the ACP Chaturshinghi in Jan 2014 and based of that they enquired from the builders. Because of their effort the builder agreed to buy back the flat from me at Rs 35 lakhs, which though was a huge monetary loss to me I agreed as I did not want to get into a legal problem being form the forces and that would have meant more harassment for me.
Due to my complaint to the Police at Chaturshinghi Police station on 24th Jan 2014 and after their intervention the builders agreed to buy back the same property for Rs thirty Five lakhs and a MOU was signed my me and them on 11th Mar 2014 wherein they had promised to payback the amount in three months till 11th July 2014 and thereafter we would mutually cancel the sale deed . They had given me post dated cheques to be presented in case they fail to pay. They have failed to make the payment and have made a payment of Rs 2.5 lakhs only. They had given me four post dated cheques amounting to Rs thirty five lakhs to be deposited after 11th July in case they failed to make the due payment.
Having no other option and and after informing them I had deposited two cheques dated 11th June 2014, bearing machine number 196651 & 196652 for amount of Rs eight and none lakhs respectively, drawn on Vidhya Sahakari Bank, Senapati Bapat Road, Pune Branch on 8th Aug 2014. The cheques were deposited in Lucknow. It was been informed to me by the bank on 18th Aug 2014 that the cheques have been dishonored due to inadequate funds.
All these years I have fallen to their false promises and now am not able to cope up with the loss.
Being from the Army and being on the move I have not been able to meet the builder in person and he has taken advantage of the situation.
As a last resort and in view of his forcibly occupying my property and also renting it out without giving me possession which in unlawful and criminal I am looking forward for your esteemed office to expose this case of criminal intent and fraud against the builder and to help me and many others in the same project by exposing the misdeeds of the builder. He has duped many of us and likely to do so if not exposed and brought to task by your competent office now.
I hence would request you to please expose the misdeeds of the builder and that might pressurize him to refund my money and am assured that you would get me out of this battle for my dues.
I would be ever grateful to you if you could help me get back my hard earned money.
Col Barun Datta