Reference: - Loan File No- 490 dt. 26/7/97 with M/S GIC Housing Finance Ltd, Lucknow.
1. In reference of advertisement given by M/S K.C.Homes & Services Pvt. Ltd. sister firm of M/S Gopal Krishna Builders, Lucknow in the month of June-97, I approached M/S Gopal Krishna Builders for the allotment of Flat costing Rs. 3, 90, 000/- in “Sookh” complex at Munshi Pulia, Lucknow.
2. It was told by the builders M/S Gopal Krishna Builders that all necessary documents in relation to the above property are with M/S GIC Housing Finance Ltd. and having tie up with M/S Gopal Krishna Builders for the sanction of housing loan to the allottees of flats in “SooKh” Complex.
3. Only after it was agreed to by M/S GIC Housing Finance Ltd. that it will finance and they have properly understood the property documents submitted by M/S Gopal Krishna Builders, I proceeded for allotment for flat and entered into agreement with M/S Gopal Krishna Builders on 4-7-1997.
4. On my loan application dt. 5-7-1997, M/S GIC Housing Finance Ltd issued letter of offer on dt. 26-7-1997 and sanctioned loan Rs. 3, 00, 000/- .
5. A tripartite agreement was entered on dt. 28-10-1997 into between M/S Gopal Krishna Builders, M/S GICHF Ltd. and me. First installment of loan Rs. 1, 90, 000/ was released and paid to builders on dt. 5-11-97 by M/S GICHF Ltd.
6. Following payment was made by me towards the cost, loan processing fee etc. till March-98 :-
Sr. No. Description Amount Date To Paid by
1 Advance Cost of Flat 1, 53, 500/- From 23-6-97 to 12-11-97 M/S Gopal Krishna Builders me
2 Advance Cost of Flat 1, 90, 000/-
(loan) 5-11-97 M/S Gopal Krishna Builders M/S GICHF Ltd.
3 Loan Processing Fee, Administrative fee and loan repayment installment 15, 992/- 7-7-97 to March-97 M/S GICHF Ltd. me
7. As per tripartite agreement inspite of my repeated request to the builders M/S Gopal Krishna Builders have not arranged to execute deed of transfer of the above property and this was brought in the notice of M/S GICHF Ltd.by my letter dt. 21/8/98.
8. In aforesaid situation of breach of contractual liabilities by the builder and inaction by M/S GICHF Ltd. I requested the M/S GICHF Ltd. to obtain the total refund of my money paid by me and M/S GICHF Ltd. to builders as per tripartite agreement.
It is already more than 11 years over I have neither received back my money paid to builders M/S Gopal Krishna Builders (Rs. 1, 53, 500/-) and M/ S GICHF Ltd. (Rs.15, 992/-) nor the possession of flat.
Both builders M/S Gopal Krishna Builders and finance company M/S GIC Housing Finance Ltd. have breached the Tripartite Agreement and cheated me.
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