Dear Investor-friend, I am writing this letter as a common aggrieved party who had also booked a flat in Spire/KN Infracon developed project named ‘Spire Central-106’ on Dwarka Expressway, Gurgaon. Just to recall the old story in short, all of us had paid the booking amount of Rs. 2,00,000.00 each towards allotment of Flats in the abovesaid project in April 2010 and then paid further amounts as and when asked by the Developers. However,in December 2012, all of us were given our money back without our concurrence on the pretext that Director General Town & Country Planning (DGTCP), Chandigarh,Haryana had ordered cancellation/revocation of License no. 102 of 2010 ,under which the Project named Spire Central-106 was launched and sold. Most of us had not bothered to re- check the facts with DGTCP but there was a group of sixty odd investors who chose to fight for their right and currently a litigation in going on in the Court of Arbitrator Retd. Justice V.K. Gupta, Jantar Mantar, New Delhi. This letter has the intent of bringing out and putting up the following facts before you to take an enlightened decision on fighting for our individual rights: 1. While the investors in the Project Spire Central-106 were informed that ‘— the Company is left with no alternative but to abandon the Project — , actually the Developers went ahead with an Appeal(No. 101 of 2012) to The Principal Secretary to Govt. of Haryana , Town & Country Planning Dept. Haryana (PSTCP) against the Cancellation of License 102 of 2010 and subsequently got favourable order dt. 8.6.2013 vide Memo No. LC 1514 JE (VA) 2013/42256 whereby the cancellation of License (102 of 2010) was revoked; 2. While restoring the License no. 102 of 2010 for development of project Spire Central-106, the DGTCP added a very important clause --- ‘ Apart from above, you are also required to submit an affidavit duly attested by Ist Class Magistrate that in order to protect the interests of allotees who had booked flats in your colony earlier you shall revoke the cancellation of allotment of such flats and re-issue allotment letters for restoring the status quo ,ante, of the allotment status of the respective flat owners on the same term and condition on which they were booked earlier ’ --- this clause has a huge importance and the DGTCP, Chandigarh Haryana must be commended for keeping in mind/safeguarding the Investors’ interests; 3. The Developers have kept the investors and buyers in dark about these developments and have ulterior motive of utilizing the time-induced premiums generated in real-estate market by side-lining the previous allottees/buyers and selling the project afresh; 4. With the abovementioned fraudulent intent, the Developers have gone ahead and filed a Review Petition in the office of DGTCP on 12.7.2013 seeking to delete the abovesaid clause (in favour of investors) by arguing that adding this clause in the License Renewal Order dt. 08.06.2013 was ---“out of realm of the powers and functions of this Ld Authority.” They have also misinformed the government agency that ---“ the relationship between the Developers & Investors (who have been compensated by refunding their amounts alongwith interest) has already come to an end”— In the light of above facts,it becomes all the more pertinent to join hands and inform the government authorities that refund of money by Developers was done without concurrence of Investors and that too on the false pretext of cancellation of License. As a further proof of the attempts by the Developers to misinform the government agencies and tire out/lure consistent justice-seekers like us, the complainants before the Arbitrators are being approached to reach an out of court settlement. The latest development in this regard points to payment of additional six lacs rupees each to a few of willing Investors. The undersigned is in possession of photo-copies of compensation/out-of-court settlement to this effect. All the seventy members of our Joint Action Team have sent individual letters to DGTCP Haryana and Chief Minister of Haryana to safeguard the interest of common Investors and to inform the proper authorities about the falsehood being spread by the Developers. No agreement has been reached with Investors of Spire Central 106 and we are waging a determined battle for justice. We also request the remaining Investors in Spire Central 106 to join hands with us and fight a joint battle with the Developers.
Posted on: Fri, 29 Aug 2014 13:56:33 +0000
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