EXPERION DEVELOPERS – Gurgaon – Delay in Flat Handover

I entered in to an agreement for booking of two flats in (EXPERION DEVELOPERS PRIVATE LIMITED, First India Place, 1st floor, Block B, Sushant Lok I, M.G. Road, GURGAON 122 002, Haryana) Project “The Heartsong at Sector 108, Gurgaon” and had been making regular payments as per the agreed payment plan. They have mentioned of certain UNCONDITIONAL UNDERTAKINGS SIGNED BY ME IN their OFFICE AND HAVE CANCELLED THE ALLOTMENTS DUE TO NON FULFILLMENT OF THOSE UNDERTAKINGS AND FORFEITED THE ENTIRE HARD EARNED TAX PAID MONEY DEPOSITED BY ME. I would like to seek justice and submit following facts for your kind consideration.

01. The sale of Unit was a forced sale by mental persuasion to the extent of person losing his ability to understand the consequences of the deal. 02. All such UNCONDITIONAL UNDERTAKINGS SIGNED BY ME IN their OFFICE HAVE BEEN GOT SIGNED BY SUPPRESSION OF MATERIAL FACTS and are SINGLE SIDED AND DO NOT HAVE ANY SIGNIFICANCE UNDER THE LAW OF LAND (which I believe IS ABOVE THE LAWS OF this FDI FUNDED ORGANISATION). 03. WHEN I HAD MONEY AND WANTED TO GIVE CHEQUE TO their REP., they FIRST KEPT ON LINGERING THE ISSUE ON TODAY TOMORROW BASIS THEN STARTED TEACHING ME THE VARIOUS MODES OF PAYMENT AND FINALLY GAVE ME THE VERDICT THAT AS A POLICY MATTER they COULD NOT SEND YOUR PERSON TO COLLECT THE CHEQUE AND EITHER I HAVE TO DEPOSIT THE CHEQUE IN their OFFICE / DROP BOX OR REVERT TO OTHER PAYMENT MODES AS TAUGHT BY them. WHERE WAS THIS POLICY WHEN INITIAL CHEQUES WERE COLLECTED FROM ME?? 06. There is a FORCE MAJOR CLAUSE IN THE AGREEMENT AND THAT APPLIES TO BOTH THE PARTIES. 07. Under such circumstances (which have occurred with me) the least I expect from them is CANCELLATION OF AGREEMENT AND FORFEITURE OF MONEY. 08. IT MAY ALSO PLEASE BE NOTED THAT TILL DATE I HAVE NOT GOT ANY PROPERTY FROM THEM; WHAT I HAVE WITH ME IS ONLY A PROVISIONAL ALLOTMENT LETTER IN LIEU OF Rs. 23 LACS PAID BY ME FORFEITED BY THEM. Still, unlike them, my reason of default of payment was not to act tit for tat, but just a drastic change in my financial position due to certain unfortunate developments with me BEYOND MY CONTROL. As per the wish of Almighty God, a series of Misfortunes struck me in the year 2013, first I lost my job due to recession in the Industry than I lost my Father, as if it was not sufficient, Almighty God took away my Mother in the end of January 2014. All this shattered my life very badly and somehow I drifted my life with NO INCOME and EXPENSES ON PEAK, as a result their payments got defaulted.

I suffered a Financial loss of Rs 30 lacs and Mental torture on the verge of nervous breakdown.

Name Withheld on Request
[246043.3]

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