sandeep, Apartment Resident
Q: I have start the legal action against morpheus developer pvt Ltd I have purchase a flat in buyback but last three chq bounced . Pls do not purchase unit 1908 tower b1 that unit is allotted to me

My replies to this discussion
There is a meeting with Builder at Site Office of Morpheus Pratiksha at 11:30 on 10th July'16. Regards, Sandeep +91 9310696669There is a meeting with Builder at Site Office of Morpheus Pratiksha at 11:30 on 10th July'16. Regards, Sandeep +91 9310696669
My comments to replies
Hi Hemant, You are right. I have been a victum of the buy back scheme Morpheus Pratiksha has introduced. I invested in sec 2013 and they promised to return the money at rate of 30%. When the time came to get my hard earned money back, and I deposited the cheque in the bank, it got returned with a note, insufficient fund. I have all the MOU and other documents. Can any one suggest what should I do next.
Hi All, My self Sandeep Tripathi and I have a unit in Morpheus Pratiksha. I just let you know that there is meeting with Builder on 10th July'16 at site office of Morpheus Pratiksha. I request to all please come and raise your voice. Kindly provide your contact detail or call or ping me at +91 9310696669. I have around 50 friends who have flat in same project.
6th July 2016

Q: There is either no work or very less work in last one year. So, we are going to ask some questions related to project's status and their commitment on 10th July'16 meeting, Kindly come and clear your doubt with Builder.

My comments to replies
Thanks for the info
Hi Asya, Do you have any flat in Morpheus Pratiksha? Kindly share the details at +91 9310696669, if yes. Regards, Sandeep
27th September 2016

Hi Mukul, Can you please add me too. My number is 9311110275
Kindly share your flat, tower, mail-id with us. Regards, Sandeep +91 9310696669
12th July 2016

b-3/1106 sgassociates008@gmail.com
Thanks for sharing the details with us. Kindly provide us your full name and mobile number too
13th July 2016

Q: I have some doubt in Builder Buyer Agreement of Signature Global Grand IVA project. I am asking below questions since 28th July'16 but they are not giving reply. Point 3.6: "the Allottee agrees that the Developer shall be liable only to refund the amount received from him/her without any interest or compensation whatsoever". Question: Developer is charging @ 15% per annum from due date, if Allottee does not pay any demand on time. Is there any penalty clause on Developer, if Developer not able to deliver the flat in 48 months without any FORCE MAJEURE mentioned in the Agreement? Point 3.7: "The Allottee, before taking possession of the said flat, shall completely satisfy himself regarding the construction, facilities and amenities in respect thereof and hereby agrees not to raise to any dispute on such account thereafter, either individually and/ or by joining as member(s) in the society/association and or otherwise, in any capacity. The Allottee, after taking the possession of the Said flat, shall make no claim against the developer in respect of any item of work in the Said flat, which may be said not to have been carried out or for non - compliance or any design, specifications, building materials or any other reason whatsoever or on account of any Common Services and Facilities". Question: How can I assure that Developer would not compromising with quality of construction (internal as well external of flat), facilities and amenities? Who will be responsible for quality check of materials as well as construction, facilities and amenities? Point 4.3: "The charges for providing external electrification, electric wiring in the said flat, firefighting measures/equipment in the common areas as prescribe in the existing firefighting code/regulation and power backup, shall be payable by the Allottee in addition to the basic Total Cost, as prescribe herein." Question: What would be the total or near about cost because noting is mentioned about the cost in agreement? Point 7.6: "The Insurance of said Unit as well as the interior/contents inside the said Unit shall be the responsibility of the Allottee(s) and Developer shall not, in any case, be held liable for any damage or loss occurred on account of any theft, loss, neglect or omission of the Allottee(s) in the regard". Question:What would happen, if internal plaster start creating problem. seepage in the said Unit. few months after possession because, as per point number 3.7, I can't check construction and material quality before and after the possession? Point 23: Question: Does it means that I can't choose Arbitrator and Arbitrator decision shall be final and binding upon the parties (Allottee and Developer)? It is very much possible that I would not be satisfy with Arbitrator's decision because Developer will only choose the Arbitrator. What would happen, if I am not satisfy with Arbitrator's decision?

My replies to this discussion
Thanks a lot for showing so much interest in this post. I am sure that after such type conditions, we can't do any thing in future, if anything happen wring with us.Thanks a lot for showing so much interest in this post. I am sure that after such type conditions, we can't do any thing in future, if anything happen wring with us.
Kindly join facebook group https://www.facebook.com/groups/269620413389450/Kindly join facebook group https://www.facebook.com/groups/269620413389450/
My comments to replies
I think you should check your agreement, there is a penalty clause for builder, if the project is getting delay by more than 36 months plus 6 month grace period, then builder has to pay delay penalty which is somewhere around 9-15% of paid amount. But very few developers have mentioned clauses which helps buyers, all clauses are for the benefit of the builder. And if you are filing suit against the builder then it will take 8-10 yrs to get judgement till then you will have top pay loan EMI to the bank and rent for your home.
@Naveen: I check and read whole agreement thoroughly. I don't penalty clause in the agreement. I just let you know that I had already send more than 10 mails to Signature Global but they didn't reply.
8th July 2016

Hi Sandeep!! Take possession of flat under protest in case of delay in delivery of possession by the builder, the legal options that are available to the allottee are to file a consumer complaint or file a civil suit against the builder for the refund of amount paid to the builder and the interest thereon.
Nothing is mentioned in builder buyer agreement about any kind of penalty on builder, if there is any delay. I asked it on mail but they are not giving any reply.
8th July 2016

Hi Sandeep, In cases where the end product delivered to the allottee is of substandard quality the allottee has the remedy to file a consumer complaint in the consumer forum against the allottee for deficiency in services. In such cases the consumer forums have ordered the builders to remove the defects and also pay compensation to the allottee. The allottee also has an option to file a civil suit against the builder claiming damages for breach of obligations.
What is meaning of below condition in builder buyer agreement and most important that they are giving any reply after so many reminders: "The Allottee, before taking possession of the said flat, shall completely satisfy himself regarding the construction, facilities and amenities in respect thereof and hereby agrees not to raise to any dispute on such account thereafter, either individually and/ or by joining as member(s) in the society/association and or otherwise, in any capacity. The Allottee, after taking the possession of the Said flat, shall make no claim against the developer in respect of any item of work in the Said flat, which may be said not to have been carried out or for non - compliance or any design, specifications, building materials or any other reason whatsoever or on account of any Common Services and Facilities".
8th July 2016

As far as construction quality is concerned, since it is not possible for a buyer to check all the aspects of construction, he can avail of the services of independent auditors. A proactive measure such as a 'third-party audit' can be extremely beneficial as it provides a safeguard against unpleasant surprises. In India, consumers can approach auditors registered with the Quality Council of India for an inspection to determine if materials used in the construction meet all safety norms. Whether you do it yourself, seek services of a professional or rely on third-party audit certifications, be alert about the quality of the property being delivered to you.
Kindly read below point in builder buyer agreement: "The Allottee, before taking possession of the said flat, shall completely satisfy himself regarding the construction, facilities and amenities in respect thereof and hereby agrees not to raise to any dispute on such account thereafter, either individually and/ or by joining as member(s) in the society/association and or otherwise, in any capacity. The Allottee, after taking the possession of the Said flat, shall make no claim against the developer in respect of any item of work in the Said flat, which may be said not to have been carried out or for non - compliance or any design, specifications, building materials or any other reason whatsoever or on account of any Common Services and Facilities".
8th July 2016

Hi all, This is for all homebuyers, If you are about to get possession of an apartment that you had booked yrs ago, thoroughly check what you are getting against what you have paid for. If it appears that the building and apartment has all the amenities, size of rooms is as per approval provided, fittings are as per agreement, and other details are in order, go ahead and take possession. But if things don’t match, raise all issues with the developer. The buyer should make a list of the deviations, short-falls and flaws. If these can be corrected, the buyer should demand that this be done immediately.
What is meaning of below condition in builder buyer agreement and most important that they are giving any reply after so many reminders: "The Allottee, before taking possession of the said flat, shall completely satisfy himself regarding the construction, facilities and amenities in respect thereof and hereby agrees not to raise to any dispute on such account thereafter, either individually and/ or by joining as member(s) in the society/association and or otherwise, in any capacity. The Allottee, after taking the possession of the Said flat, shall make no claim against the developer in respect of any item of work in the Said flat, which may be said not to have been carried out or for non - compliance or any design, specifications, building materials or any other reason whatsoever or on account of any Common Services and Facilities".
8th July 2016

We all buyers should create group at FB as well as Whats App - Grand Iva Buyer Group
Kindly join facebook group https://www.facebook.com/groups/269620413389450/
16th August 2016

Q: As per our need to know status of project, there is another meeting on 7th Aug'16 at 12:00 at site office of Morpheus Pratiksha, Greater Noida West, UP.

My comments to replies
Hi friends!! They are irresponsible builder and their team as well. They are only misleading to innocent buyers, given incomplete information to them against the property and taken much money from them. Don't invest any of their project.
Kindly join us on 7th Aug'16 and discuss your issue in meeting with Builder. Our main focus is the possession of our flat. Regards, Sandeep +91 9310696669
14th July 2016

Hi all!!! My question is if they have that much funds to hire brand ambassador like actor AKSHAY KUMAR & divert their investments too in projects like Manali Resorts etc., then why are they not paying their clients. So if they really have so much financial crunch then, then how will they deliver their project Morpheus Pratiksha?
Kindly join us on 7th Aug'16 and discuss your issue in meeting with Builder. Our main focus is the possession of our flat. Regards, Sandeep +91 9310696669
14th July 2016
Kindly share your flat details with us and join the meeting on 7th Aug'16. Regards, Sandeep
14th July 2016

Q: Hi, There is a meeting at Cooperate office of Morpheus Pratiksha to know where are we and why there is almost no work in last 1.5 years. What is there is road map. Regards, Sandeep +91 9310696669

My replies to this discussion
Corporate office at Noida sector-62 at 12:00 noon on 1 Oct'16Corporate office at Noida sector-62 at 12:00 noon on 1 Oct'16
My comments to replies
Corporate office at Noida sector-62 at 12:00 noon on 1 Oct'16
Hi, Please come and join the meeting with your family and friends. Regards, Sandeep
30th September 2016

Hi Sandeep!! I really appreciate your initiative. I have been also a victim of the buy back scheme of Morpheus Pratiksha. I invested in Year- 2013 and they promised to return the money at rate of 30%. When the time came to get my hard earned money back, and I deposited the cheque in the bank, it got returned with a note, insufficient fund. I have all the MOU and other documents. Can any one suggest what should I do next?
Hi, Please come in meeting as you are one of the buyer. They have to give some reply when you ask your question in presence of 40-60 buyers. So, Kindly come in meeting and raise your voice. Regards, Sandeep
30th September 2016

Yes, their commitments of assured return cheques are repeatedly getting bounced for last few months, due to insufficient fund. They are unable to clear/payback & honor these bounced cheques in spite their repeated promises. Company is not even in a condition to pay the small amount of Rs.60000 for last 4 to 5 months.
Hi, Please come at around 12:00 at their corporate office at Noida Sector-63 with your family and friends for good head count. Kindly let us know in case of any query or doubt. Regards, Sandeep
30th September 2016

Hi folks!! I have some information about this builder as i have inquired about this project. Morpheus developers have completed one project in Noida, Sec-78 which is Morpheus Greens. Their second project was Morpheus Bluebell which was initiated in 2010 but its construction is still going on. It had one more project as Morpheus Violet which stopped after few months of its launch. So, before taking any decision check all the due diligence for a safe riding.
Hi, Thank you very much for your advice but we have already invested our hard earned money. Regards, Sandeep
30th September 2016

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