Fraud by Saaga Infra projects & Indiahomes

Q: Dear Sir / Madam,

I had approached Indiahomes in second half of 2012 for buying a flat in Malad/Goregaon viccinity and was presented with a detailed report regarding Shivshakti Enclave by Saaga Infra Projects. This was supposed to be a redevelopment project and bookings were open in Prelaunch stage. India homes representatives (Mr Prashant Zodge & Mr Mitesh) arranged a site visit and then negotiations with the developer thereafter.

Being new to Mumbai, I hardly knew about the developer but was well aware that Indiahomes verified project would be a safe investment. Personnel from both - the developer and India homes followed up for payments and the flat was booked in 100% white transaction (Flat E-101).

Alas my hopes were dashed when I followed up back with both parties regarding progress status and the project till date has not even started as yet and the old society still stands as it is. To my surprise both Indiahomes and Saaga Infra Projects refused to let me know updated status just avoiding my calls or requests for a refund. The site office has since been closed and even the main office of the developer has shifted once. Mr. Uday Surve - a supposedly reputed name in the industry has refused to meet even once in my follow up for the last 2 years ans so has the staff from India Homes simply flashing 'Project Unavailable' - Status on their website. Any number of enquires for this project are not retured with calls / sms to their office.

I feel swindled of my hard earned money and pity the cheap marketing techniques employed by Indiahomes without checking background information on the project which have left buyers like my without a shelter in Mumbai. I am thinking of initiating legal action / consumer court complaint against both Saaga Infra Projects & India homes for cheating and fraud.

Hope this complaint gets noticed and long delayed feedback is given.
kind regards

Miheer brahem, Apartment Resident

14th September 2015

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Replies (5)

everyone in this project r fraud.. saaga buider n Surve nis in jail..they should be behind the bar forever..sold same flat to many people.

Aakanksha Dharmale,

19th September 2016

Comment

Hi Anuj and Roshni,

I had been given provisional allotment early 2013 in Astoria I, a redevelopment project in Kandivili E under the name of Jai Maharashtra Nagar Development Ltd. by Saaga Infra in combination with MHADA.
The project hasn't kicked off yet and the CEO of Saaga Infra, Mr. Uday Surve has already been arrested booked under various fraud cases. The realtors have said that the project might not happen so I should take back my money after I sign a letter made by Saaga group which states that I renounce all the rights and claim given by the provisional allotment letter and acknowledge refund of the amount I paid to the builder back in 2013. I doubt whether they will refund my money or not after I submit the letter.
Also, they are not giving any interest and prices in kandivili have gone up now so I wont be able to book another flat at the same rate.

What should I do?

Gulshan, Navi Mumbai

Zo Foria,

22nd April 2016

Comment

Hi,
I will suggest you to take legal action as a group. If you file a case as a group, your legal costs will be shared and your case can be fast tracked.

Refunds can be claimed if the project is delayed beyond the stipulated time period as per the agreement.

Shantanu Kumar, Mumbai

17th September 2015

Comment

Hi Miheer,
If you don't see a sign of possession in near future and if the delay is beyond a reasonable limit, you should file a legal case. You can file a case in consumer court or file a civil or criminal suit as the case requires. Get a legal opinion though before proceeding.

Padma G, Mumbai

16th September 2015

Comment

Hi Miheer,
Really very sad to hear from you. Any person can file a complaint against the builder, developer, broker with the consumer court under the following circumstances: If the developers or the builders did not deliver the house within the agreed time limit. If time limit not mentioned, it is assumed that the construction will be finished within maximum of 3 years from the date of start of work. The person should let the builder know about the grievance and send a notice to the builder in writing.

Roshni Pawal, Mumbai

15th September 2015

Comment

I think Roshini is right!!!
If your builder delays the possession, you can claim interest on the payment made till date. Under the Maharashtra Ownership of Flats Act, 1963, the developer is liable to refund the amounts received, with 9% simple interest. The interest can range between 9 to 18%. Also, the interest is payable only on the amount that be proved as paid to the developer.

Anuj Gupta, Mumbai

15th September 2015