Manoj BenjaminFraud, Real Estate

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Just another article on the Royal Indian Raj family of fraudsters...

this was is listed under Royal Garden City Enterprises, one of the other company names for RIRIC

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[protected]:37 AM #1 khushroo
Junior Member

Join Date
Sep 2009
Posts
1
Flat at Royal Palms, Garden View, Goregaon, Mumbai

Dear Sir/Mam,

There has been a year's delay and a further expected delay of a year for the posession of the flat.

I have given a letter to them but they don, t respond. I want to go to the consumer court to get my money back.

Could i get the address of the exact court i need to go to. Working time, working days, if any. The claim will be in the range of about 30 lakhs.

Thanking you in anticipation,

warm regards,
Khushroo
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[protected]:33 PM #2 adv.sumit
Senior Member

Join Date
Sep 2009
Posts
1, 363
Royal Garden City
01. Mrs.Vandana Manchiraju

W/o Nagaraju, A/a 37 yrs,

R/o 2, Larsen Court,

Bridgewater, NJ-08807, USA,


02. Mr.Nagaraju Manchiraju,

41 yrs, R/o 2, Larsen Court,

Bridgewater, NJ-08807, USA.


…. Complainants

V/s


The Managing Director,

M/s Royal Garden City Enterprises

Pvt., Ltd., D.No.10/5, Benson Cross

Road, Benson Town, BANGALORE-046.


…. Opposite Party

-: ORDER:-


Both these complaints claiming similar reliefs are field against the same the Opposite Party and therefore they are disposed off by this common order.


2. Through the Authorized Signatory of the Opposite Party in USA, the complainant entered into an agreement to purchase an Apartment POPELLO Sect D, Bldg 4, to be constructed on 17 acres of land in different survey numbers of GALIPOJI VILLAGE, Doddaballapur Taluk, Bangalore Rural District. The complainants in Case No.923/2009 entered into such agreement on 01/02/2007 and paid 31, 444.20 US$, the complainants in case No.924/2009 entered into such agreement on 23/01/2007 and paid 31, 226 US$. As per Clause-20 of the agreement they opted to get refund of the amount paid and the refund was due in August-2008 as per the letter addressed by the Opposite Party. In spite of such specific promise and undertaking given towards refund of the amount, the Opposite Party failed to keep up the same within the stipulated time. The complainants in case No.923/2009 also issued legal notice dated:30/09/2008 and 17/11/2008. In spite of receipt of the notices, the Opposite Party neither complied with the demand nor given any reply. Hence, these complaints.

The complainants in Case No.923/2009 have claimed Rs.15, 72, 210/- towards refund of Rs.31, 444.20 US$ at the exchange rate of Rs.50/- Per Dollar, Rs.94, 333/- towards interest on the said amount at 18% Per Annum from 14/08/2008 to 15/12/2008 and Rs.2, 00, 000/- towards damages for mental agony, in all Rs.18, 66, 542/-.

The complainants in Case No.924/2009 have claimed Rs.15, 61, 300/- towards refund of 31, 226 US$ at the exchange rate of Rs.50/- Per Dollar, Rs.93, 678/- towards interest on the said amount at 18% Per Annum from 15/08/2008 to 15/12/2008, Rs.2, 00, 000/- towards damages for mental agony, in all Rs.18, 54, 978/-.

3. In the version, the contention of the Opposite Party is as under:-


The Opposite Party conceived and conceptualized the project “Royal Garden Villas and Resorts” on the property measuring approximately 17 acres in several survey numbers at Galipooje Village, Doddaballapur Taluk, Bangalore Rural District. For the implementation of the project, the Opposite Party already acquired lands measuring 17 acres 28 guntas and in possession of the same as an absolute owner. It filed necessary application on 25/05/2006 before BIAAPAA seeking approval of the project and the said project is pending consideration till today. The complainants coming to know of the said project approached the Opposite Party for purchase of a Villa. At that stage itself it was brought to the notice of the complainants that the project falls within the jurisdiction of BIAAPPA and the project shall commence only when the approval of the project is granted by BIAAPAA and being fully aware of this aspect, the complainants agreed to book a Villa, entered into an booking agreement and paid 30% of the total purchase price as booking amount.


The balance of 70% was to be paid by the complainants in 18 monthly installments from the start of construction. The Opposite Party has invested huge sums in the above project and the same is pending implementation as the Master Plan of BIAAPAA has not yet been approved by the Government of Karnataka. By the letter dated:19/12/2007, the Member Secretary of BIAAPAA has informed that only on approval of the Master Plan by the Government of Karnataka, BIAAPAA will consider the approval of the project. Therefore, the Opposite Party has no other alternative but to wait for the approval for implementation of the project.


The Opposite Party has initiated all necessary actions on its part for the proper implementation of the project and the delay caused is due to the delay in approval of the Master Plan by the Government of Karnataka which has affected the implementation of the project of the Opposite Party so also numerous projects coming under BIAAPAA. Even though the booking agreement stipulates the time frame, the cause of delay can only be attributed to force-majeaure and the Opposite Party cannot be held liable for the delay in execution of the project which is beyond the control of the Opposite Party. Thus, there is no deficiency in service on the part of Opposite Party and as such the grounds raised by the complainants are not tenable. On these grounds, the Opposite Party has prayed for dismissal of the complaints.


4. In support of the respective contentions, both the parties have filed affidavit. We have heard the arguments on both side.


5. The points for consideration are:-

1. Whether the complainant has proved deficiency in service on the part of the Opposite Party?


2. Whether the complainant entitled to the relief prayed for in the complaint?

6. Our findings are:-

Point No(1) : In the Affirmative

Point No(2) : As per final order,

for the following:-

-:REASONS:-

7. The fact that the complainants entered into booking agreement proposing to purchase a Villa and that they have made payment of 30% of the total price of the Villa is admitted. The complainants have also produced the copy of the booking agreement entered into between them and the Opposite Party. Clause-20 of the agreement provides as under:-

“I/We understand that the project will receive the necessary clearance eight months after the date of this Booking Agreement. In the event the approvals do not come through by that date, the booking amount can, at my request be refunded within 90 days or applied to any other project of RGCEPL or its affiliates”.


Therefore, as per the above Clause it was necessary on the part of the Opposite Party to get necessary clearance from the concerned authorities within eight months from the date of the agreement and if the Opposite Party failed to do so, the complainants are entitled to seek refund of the booking amount. The parties have also agreed that the refund shall be effaced within 90 days from the date of request for refund. Admittedly the Opposite Party failed to obtain necessary approval from the concerned authorities for commencement of the project and therefore the complainants have invoked Clause-20 of the agreement and have sought for refund of the amount paid.


By the letter dated:21/04/2008 the Opposite Party informed the complainants in Case No.923/2009 that the refund for 31, 444.20 US$ is due on 14/08/2008. By the letter dated 22/04/2008, the Opposite Party informed the complainants in Case No.924/2009 that the refund sought is due on 15/05/2008. Therefore, the Opposite Party also accepted the refund request made by the complainants and promised to refund the amount paid in August-2008. Alleging non refund of the amount, the complaints are filed on 22/04/2009 about eight months after the date of refund promised by the Opposite Party.


Having regard to the admissions made by the Opposite Party in the letter addressed to the complainants in April-2008 now it is not open to the Opposite Party to oppose the claim giving reason for the delay. As per the agreement it was responsibility of the Opposite Party to get necessary approval from the concerned authorities for starting the project within the period stipulated in the Clause-20 of the agreement. When the Opposite Party failed to do so, the complainants are entitled to invoke Clause-20 of the agreement and to seek refund of the amount paid. In spite of its commitment as per the letters addressed in April-2008, the Opposite Party has failed to refund the amount. This act and failure to obtain approval within the agreed period amounts to deficiency in service.


Therefore, the complainants are entitled to seek refund of the amount paid to the Opposite Party as booking amount. However, in our opinion, the interest claimed at 18% Per Annum on the amount to be refunded is on the higher side. It is just and proper to award interest at 10% Per Annum. Though the complainants in each cases have claimed Rs.2, 00, 000/- towards damages, no reasons are assigned for such claim. In our opinion awarding interest on the amount to be refunded will compensate the complainants for the inconvenience and hardship if any suffered by them. In the result, we pass the following:-


-:ORDER:-


1. Both the complaints are allowed.


2. The Opposite Party is directed to refund Indian Currency equivalent to 31, 444.20 US $ to the complainant in Case No.923/2009 and Indian Currency equivalent to 31, 226 US $ to the complainant in case No.924/2009 according to the rate of exchange as on 15/08/2008 together with interest thereon at 10% Per Annum from 15/08/2008 till the date of payment and shall also pay costs of Rs.2, 000/- to each complainant.


3. Compliance of this order shall be made within eight weeks from the date of communication.


4. The original copy of this order shall be kept in complaint No.923/2009 and a true copy thereof shall be kept in complaint in No.924/2009.


5. Send a copy of this order to both parties free of costs, immediately.


6. Pronounced in the Open Forum on this the 04th Day of AUGUST 2009.
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[protected]:57 PM #3 Royal palms
Guest
No construction happening since 2 years before
Do share the same experiance
have bought a 1 bhk apt garden view and was promised on agreement of sale to get the posiession by Dec 2008..

Still then a stone has not moved in my underconstructed flat.

No updates from builder and poor call reception ...you endup talking to no one but chasing person even to talk to some one for your own fully paid house...

please anyone help me in putting a compliant to help resolve

Also no bank are providing finance or refinance...difficult to get for resons unknown...
kindly get in touch [protected]@gmail.com
Submit Complaint..
[protected]:21 PM #4 Unregistered
Guest
HELP: Royal Palms Garden View Apartment
Hi,

I have seen your complaint regarding "Royal Palms India Mumbai Garden View Apartment".

I have also brought a Apartment in Garden View, 3 years ago but it is still not ready. I phone Royal Palms but no-one tells me what is going on and the people keep changing. They do not respond to e-mails.

Can you tell me what you think is happening and What Should We Do to solve this issue; and what is your experience about Royal Palms?

Thanks,
Reply Back Please.
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[protected]:36 AM #5 Unregistered
Guest
Royal palms india mumbai goregaon
This builder is having no ethics and professionalism. He is duping many people and booking his flats and not delivering as per schedule and the promises mentioned in the contract.

That area is so good and could fetch Rs. 12, 000 per sq ft. because of his stupid employees and un professional contractors building, the whole area has become ###.

there is no proper water, no proper parkings for each building, no lifts running properly.

I request you not to book any flat unless you see what he offers you. You pay him on what you get. Never believe his promises.

Good luck.
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[protected]:27 AM #6 Unregistered
Guest
Group?
Originally Posted by Unregistered
This builder is having no ethics and professionalism. He is duping many people and booking his flats and not delivering as per schedule and the promises mentioned in the contract.

That area is so good and could fetch Rs. 12, 000 per sq ft. because of his stupid employees and un professional contractors building, the whole area has become ###.

there is no proper water, no proper parkings for each building, no lifts running properly.

I request you not to book any flat unless you see what he offers you. You pay him on what you get. Never believe his promises.

Good luck.
---------------------------------
I am a frustrated customer as well. I suggest all of us form a group and take collective action to get this resolved at the earliest. Is there a yahoo / google group that already exists?
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[protected]:21 PM #7 Unregistered
Guest
Royal Palms- garden view apt. Mumbai-goregaon
I am one of the many dissappointed customer of Roya Palms, I had booked a 1BHK flat in Garden view in 2007 and was assured posession in April 2008 but it has being more than a year and no sign of posession.

I have paid the entire amount to them as per their schedule, and when we talk about compensation they say we will waive off the maintenance of the flat for one year.

Let us all act upon it and take a strict action against this cheaters.

You may reach me on [protected].

Mohsin
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[protected]:59 AM #8 Unregistered
Guest
Royal Palms Garden View - nothing happening
Hi,

We are also the victims of Royal Palms - gave all the slab instalments over a year ago and now no one answers phone calls or responds to emails. Please update if anyone has any further information.

If any action is being planned or going on, we would also like to join in. Is there a group already formed?

Thank you
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[protected]:22 AM #9 Advocate.sonia
Senior Member

Join Date
Sep 2009
Posts
791

Hello Consumer Court Members,

Post your complaint with your full contact details and a valid contact no., this may help you to form a group.

Group is always strong then a individual.
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[protected]:08 AM #10 Unregistered
Guest
same here
same here..you guys are sopt on..also the rates are gone down..n the are flashing new discounted rate everywhere that killing me inside..

lets work together..

contact me on

[protected]@gmail.com
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[protected]:12 PM #11 Mrs Jesica
Guest
Rolyam Palms
Dear All,

My friend also ha sbooked a flat at the garden view, but he also has the same problem, actually this is very influenced with Gangsters and the maharashtra govt is also with him he is bribed every one. even the corrupt BMC.

so just pray to god.

Sorry
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[protected]:41 AM #12 Jon Track
Guest
want to buy flats
Is this s good place to buy flats? i seeing lots of good and bad reviews. pls. do respond
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[protected]:01 PM #13 Unregistered
Guest

I am lookin forword to buy a 3BHK appartment in royal palms.They are offering me a ready possession.What should I do?
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[protected]:03 PM #14 Unregistered
Guest
Don't invest in Royal Palms
Hi All,

Don't ever do the mistake of inveting in Royal Palms. we have dont that mistake and now we are repenting. They are fraud. Contruction quality is bad. Planning is pathetic. You may visit Palms I and II to see this.

And mot important - you have to pay INR 15 every time you come here as toll. All their promises are a big lie...

Beware of these fraud called Royal Palms...

BR// Guest
Submit Complaint..
[protected]:47 PM #15 Unregistered
Guest
Commercial unit in Royal Palms
I invested in a commercial unit, fortunately a small one, in Mastermind in end of 2006! Have not received the possession yet!! No surprise given all the write-ups but if there is a group could somebody post a link on this forum?
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