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Tryst with Godrej Booking

#GodrejProperties #GodrejIcon #RERAGurugram #Gurgaon #RERA (majority of the statements below are supported by facts and evidences)

My mother having booked with Godrej Properties is the worst decisions of all times.

May 2015 - She was marketed the project with a 20:20:60 payment plan with the first 20% in the first 6 months and the last 60% in the last 6 months of the project. The in between 20% was to be paid after the superstructure construction phase.

For the above marketing Godrej paid the agent a commission of 5% violating Haryana Regulation of Property Dealers and Consultants Act, 2008 which stipulates maximum at 1%. The agent of Godrej hardsold the project to us and got us onboard with additional promises like buyback option (oral agreement) at a higher price.

Godrej got my mother (without her free consent) to sign on certain terms of the Application Form that were completely different  One such term was 20% forfeiture charge towards earnest money that was mentioned in the marketing material as Lock-In Amount.

May 2016 - Further, while my mother had booked an apartment with super area of 3008 sq ft it was 1 year later through the BBA that she was notified that the carpet area (including balcony) to be 1225 sq ft (loading of 140%).

In the following 3 months, the family decided to exercise the buyback option since lock-in period had expired, but were denied existence of the same. We also pointed out the high loading and decided to sell it rather than take ownership and received interest within the family for a smaller unit in the ame project.

Nov 2016 - The family approached Godrej to Novate the contract and downsize to a 2 bhk and this was agreed by Godrej

Jan 2017 - The family sought expediency in the process citing that we had a ready buyer till Feb 2017. All our payments towards Invoices till the date were clear..

Feb 2017 - Godrej agreed that while delays were its fault it would give 3 months time for the subsequent owner to clear any invoices that shall be raised after the said date. 

Mar 2017 - Godrej demanded additional 8% price to NOVATE. We reluctantly agreed. Godrej acknowledged in writing to having paid 5% commission to Agent for our booking. 

April 2017 - Godrej further delayed the process and suggested cancellation post NOVATION in order to benefit from Forfeiture rather than expediting the process.When we protested they waived off forfeiture charges and sought cancellation request in writing. (Call recordings as evidence) We submitted new Application Form for the smaller unit and gave our cancellation request for this in writing.

May 2017 - Godrej made a U-Turn on the Cancellation and instead demanded that right to Cancel be forfeited for the time being. And along with it levied previously waived off charges. All since now it had our cancellation request in writing hence it did all this under threat of forfeiture of almost Rs 49 lakh.

Jun 2017 - Godrej Novate-d the original contract and transferred the amount towards the new booking. It raised one of the inVoices (Booking Amount of Rs 5 lakh) and deliberately deferred raising Invoices of Rs 45 lakh for a month for the higher GST to impact since we had not acquiesced to the high forfeiture under Cancellation so this was done to maximize impact on our financials.

July 2017 - Godrej raised Invoices of Rs 45 lakh along with another Invoice of Rs 51 lakh towards a certain milestone (40% - Finishing) that accordingly to Godrej itself was not completed thus far, and started levying interest from the date on it. We sought BBA, Allotment Letter, correction of Invoices and Verification of on-ground work-in-progress by visiting the apartment. Godrej denied us all.

Aug 2017 - We repeated our request for documentation, correct Invoices and Apartment Visit. Again denied the entire month instead interest was levied on the INvoiced Amount to show default on our part.

Sep 2017 - The same process above repeated with 5 visits in past 2 months to their office to address our concerns. And numerous correspondence exchanged, but Godrej kept dilly-dallying. We put Godrej on notice of 2 weeks to resolve issues else that legal option shall be exercised.

Oct 2017 - Our last opportunity of selling the apartment was lost and our repeated request for addressing any issue was not heard. However, interest was levied by Godrej towards a non-Matianabale Invoice of Rs 51 lakh.

Nov 2017 - We ceased all communication with Godrej and hired a lawyer.

Dec 2017/Jan 2018 - Legal Notice was served. Within 2 weeks in Jan 2017 Godrej sent us Allotment Letter and corrected errors in Invoices. However, purpose of the entire exercise was downsize and sell, and Godrej played its hand well by once again putting us in a position where cancellation was our only option.

Feb/Mar 2018 - Godrej replied to our Legal Notice and sent us the new BBA.

Apr/May 2018 - Godrej intimidated changes in Project Plan and change of Ownership of the project. 

Jun 2018 - We sent our objection to the changes alongwith a 2nd Legal Notice.

Oct 2018 - My mother filed her matter for appeal under RERA.

29.01.2019 - RERA First hearing. Judgment was given in a matter of 14 minutes while my mother & her Advocate were denied opportunity to be heard and for arguments to be presented with facts. The Judgment can be seen under RERA Gurugram Complaint No. 1331 of 2018.

!4.02.2019 - We prepare our appeal against RERA judgment and got documents attested from RERA office.

17.02.2019 - Godrej sends us a threatening email saying that - “We hereby finally call upon you to refrain from arm twisting the organization, making defamatory statements and levelling baseless and frivolous allegations, failing which we shall be constrained to initiate strict action against you under the law. We hereby call upon you to immediately delete the said Tweet and Tumblr post…”. In other words what Godrej Group #Godrej was suggesting that we would pay a heavy price if we do not forego appeals process and continue with litigation.

18.02.2019 - We filed our appeal in RERA Tribunal

28.02.2019 - We sent an apt reply to Godrej stating that - “The mail sent by you highlights your pressure tactics, wherein you try and suppress free speech by either stating imposition of costs or by alleging initiation of legal proceedings. …we as a family, are within our rights to provide feedback or complain about your services (publicly or otherwise), when nothing stated by us is factually incorrect, and all proofs have been provided to you. … your email is a continued act of harassment. We are willing to overlook your current email if only you are willing to withdraw the false statements and coercive demands made in it immediately, along with an apology.”

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Will update with the outcome of this month and the next soon.