Dear Sir/ MadamGreetings of the day...I AM ONE OF THE SEVERAL HUNDREDS AGGRIVED BUYERS OF LODHA GROUP FOR THEIR PALAVA CITY PROJECT. The brief detail of my case is as under: FACTS OF THE CASE On 9th February 2014, I had booked a 2 BHK unit in esteemed project of LODHA GROUP named "Lakeshore Greens" located in Palava, Dombivali. The detail of the booking is as under: Cluster/ Wing - Casa Cielo AFlat No. - A1402 The total cost of the flat has been frozen at Rs 55,62,756 plus other charges. At the time of booking although I had signed the Application Form, I had also requested the draft Agreement to Sale to understand the detailed terms of the transaction as also the lease deed between Lodha Dwellers P Ltd (ultimate owner of the land) and Lodha Hi-rise Builders P Ltd (the Company having the development rights and with which we are dealing with). We were assured that the draft AGreemet as also the detailed terms of the lease between Lodha Dwellers and Lodha Hi-rise shall be shared immediately after the booking and in any case before the Application Money -2 becomes due, i.e. on 01.03.2014. We had provided the cheques to Lodha Group with the said assurance. I primarily wanted the clarification on the following terms which didn't had any mention in the Application Form but eventually had to have a mention in the Agreement to Sale: 1. Major Terms of lease between Lodha Dwellers Pvt Ltd & Lodha Hi-Rise Builders Pvt Ltd. 2. As Flat Owners, will we have to bear 50% of the Market Value of the property at the time of Re-development / Renewal of the Lease. 3. Will the Flat be Freely Transferable after Possession without any NOC required from M/s Lodha Dwellers Pvt Ltd. If yes, what would be the Terms / Charges to get such NOC. 4. Will the Flat be Freely Leaseable after Possession without any NOC required from M/s Lodha Dwellers Pvt Ltd. If yes, what would be the Terms / Charges to get such NOC. However, after banking of Application Money-1, when I started enquiring with out relationship manager regarding the above requirements, we were neither given any document/information nor any satisfactory answer. On repeated requests and after a detailed discussion on 28th Feb 2014 with my Relationship Manager Mr Saiprasad, I was categorically informed by him that no more information shall be shared. I was also informed by him that if conditions of the agreement would not be acceptable to me, I can cancel the booking but in that case 10% of the property value shall be deducted as cancellation charges. This was something which I never expected from a reputed builder like 'LODHA". At the time of booking, I am not getting the terms of the booking and once the terms of the booking are known and those are not acceptable to me, I have to shell out 10% of the property value as cancllation charges. On further investigation, I came to know that in old application forms, there was a clause that for renewal of the lease, 50% of the market value shall be required to be paid which although has been removed with the new application forms but it is not clear whether the same would form part of the Agreement to Sale. Apart from the above Clause on lease renewal, the clarity is also not being provided on whether NOC from LODHA would be required for further sale/ lease of the unit after possession. If yes, on what conditions this NOC shall be given? We are being informed that all the details shall form part of the Agreement to Sale and draft of the Agreement of Sale is not being provided. Once Agreement of Sale draft will be provided and the conditions mentioned therein are not acceptable, LODHA shall deduct 10% of the property value as cancellation charges. This is absolutely unethical, illegal and against the spirit of the Law of Contract. As I didn't want to enter into such an illogical, unethical & illegal deal, I have decided to cancel the booking and accordingly communicated the same to Lodha Group vide my email dated 1st March 2014 with a request not to Bank the future cheques submitted to the LODHA Group. Accordignly, I requested LODHA GROUP to refund my Application Money -1 of Rs 45,000 without any further delay failing which I shall be constrained to approach appropriate judicial/quasi-judicial proceedings to recover my hard earned money alongwith interest/ penalty and the costs towards legal process and harrassment. The above practices followed by LODHA group are abusive of its dominant position since these impose highly arbitrary, unfair and unreasonable conditions for booking of flats. The terms of the booking were also heavily loaded in favour of LODHA. Subsequent to the above email, I received an email from Shri Ritesh Ghai, DGM (Customer Care) as appended below. Request you to help me in getting justice and getting my hard earned money refunded from LODHA GROUP. "Dear Mr. Singh Greetings from Lodha Group!! We refer to your email below wherein you have expressed your concern towards sharing of documents towards the application for allotment of flat at Lake Shore Greens. We confirm that as a policy we share the documents only post allotment of flat. Moreover as per terms and conditions of the application form any withdrawal of application has a forfeiture of the booking amount. You have signed the application form and the forfeiture is valid and as per agreed terms and conditions of application. We regret we will not be able to offer refund of booking amount as per your request below. Warm Regards Ritesh Ghai |Deputy General Manager | Customer Care Lodha Excelus,Apollo Mills Compound,N M Joshi Marg,Mahalaxmi,Mumbai 400011t +91.22.6773**** ● fax: +91 22 23** **93 ● www.lodhagroup.com" I am a poor law abiding citizen of your state having full faith in the judicial, administration and governance system of the state and confident from my side to get the justice from your good office and to curtail such unfair trade practices by builders in general and LODHA Group in particular.I don’t know did I dream wrong to own a house in Mumbai and got stucked in the marketing gimmicked net of LODHA Group whose ulterior motive is not to provide the affordable houses to poor but to drag the money from poor innocent customers through such illegal and unfair trade practices. Also request you to appoint a panel to check their policies and practices, evaluate the equality, reasonableness and genuineness on their application forms and agreement to sale and also to assess how many people have cancelled the bookings in their projects and how much money have been forfeited by these burglars from the poor residents of the country. The collection of money towards parking charges may also be evaluated in spite of the clear guidelines of the state on provision of free parking space.