1 Jan, 2018 → by ClaimboUser954923
restrictive trade practice.

2

I browsed through Mahindra life space website and registered my contact Number for any possible flats availability in Mahindra World city in flexi Homes. Few days later I had a call from one Mr Shakthi kumaran and told me there are available flats in the Mahindra world city Aqua Lily. I met him and he showed me the apartments and the pricing. After two three meetings we decided the property could be affordable and decided to buy one. I had clearly told him that I could only contribute 10% of the property cost and balance 90% funding from my bankers M/s IDBI Bank. He had agreed and we were negotiating on pricing where I could get still a better price. He (Shakthi Kumaran) told me his boss Mr. Guna could take a decision on pricing and sought an appointment to meet me at my residence. After few days on 19/3/2019 Both Mr Guna and Shakthi came to my residence and explaining about the project and its costing etc., When talked again about the price factor, Mr Guna immediately told me to give him 15 minutes that he would discuss with his Business Head and after 10 minutes of he came up with some reduction in the price and we agreed to go ahead. They wanted a 10% payment and the prices are likely getting increased from 1/4/2018. I told him that paying 10% was not an issue and gave him a cheque for 2.7 lakhs but he also wanted to sign an application. I told them that it was not good and auspicious day the same could be signed on some other day. But they insisted without application their company will not take the sale count, also this application was only for information for creating a data base and file no. Also that was March month and their target could be increased as year-end closes on 31/3/2018. Believing their words on merit even though we were not prepared for signing, I and my spouse signed the application form which contained about 6 to 7 pages and handed over the application and cheque. In the mean time I had worked out my loan eligibility papers with IDBI bank and got clearance for balance 90%. But there was no further progress on this and when I enquired with banker I was told few of the documents were to be provided from builder side was not provided yet. I just reminded the builder on that and kept waiting for their reply. More than a month had passed there was no progress from builder nor provided adequate documents for IDBI and validity of sanction letter was coming for expiry. During May-2018 things started souring as my chances of buying the apartment became grim due to sudden financial problems I encountered. I decided to cancel the booking on 24/5/2019 and gave a writing letter stating the reasons for cancellation. First met Ms Geetha responded saying that she would put my case on genuine reasons and give a feedback and no response for two three weeks. After persistent follow up they gave an appointment to meet one Ms Anusha I had taken her through all back ground of what had happened. Now the CRM (Customer Relationship Manager) Ms Rajee Nair and her team members (Ms Geetha and Ms Anusha) said that as per RERA act the 10 % was supposed to be forfeited and there is no refund in spite of my information them on my loss of job as late as second week of July-2018. Such forfeiture clause was never discussed at any point of time with me by sales team and they hid that information for fearing not getting the order perhaps. Such late reply creates doubt on their integrity since they took long time to come up with this answer since 24th May-2018 when I submitted the cancellation. This, in my view amounts to Restrictive Trade Practice. In other words there is no transparency in the sale process. Now I have become victim of their unethical way of selling the properties and forfeiting money of the customers (Gross violation of transparent sales) who have cancelled the bookings without any prior information on this at the time of booking.
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