Enerrgia SKYi Developers refuses to give flat possession unless the buyer pays Rs. 2 Lakh membership fee for the builder's upcoming club near Songbirds at Bhugaon, just 3 KM from Kothrud!
Enerrgia SKYi Developers - Don't be Evil. Do the Right Thing.
After receiving the entire property price, how can Enerrgia SKYi Developers refuse to handover possession of my flat to me?
How can the builders of Songbirds at Bhugaon force me to pay Rs. 2 Lakh membership charges for their altogether different - independent - commercial - business venture - the upcoming - 'club'?
How can Enerrgia SKYi Developers refuse to give flat possession unless I pay Rs. 2 Lakh membership fee for their upcoming club which is not a part of Songbirds?
Yes! In the registered agreement of my flat in Songbirds, the builder has claimed that the club is 'an independent establishment of the promoter'!!
"The club or any area or facility of the said club which is to be established on the amenity space of the layout, shall never be the part or parcel of the said project." - says the flat agreement!
The flat agreement does not say that the membership of the club is compulsory - mandatory.
In fact, the flat agreement says that - "If the flat purchaser becomes a member of the said club - the club membership agreement will never be a part of my flat agreement!"
Isn't it a breach of contract, now, after receiving the entire price of the flat, at the time of possession, forcing compulsory membership of the club?
Most of the flat buyers in Songbirds feel that forcing them to pay Rs. 2 Lakh club membership is not right - in fact, it is wrong - completely illegal. But still many have paid. Only to get the flat possession.
I refused to pay. What did Enerrgia SKYi Developers do?
Enerrgia SKYi Developers has refused to handover possession of my flat to me!
Yes, I am disappointed. I am angry with Enerrgia SKYi Developers.
I am disappointed because I was not expecting this from Enerrgia SKYi Developers.
Enerrgia SKYi is not like any typical builder in Pune. Enerrgia SKYi is different. From planning to execution of the project - Enerrgia SKYi is a much superior builder.
Most important - they have taken extra efforts to develop relationship with the flat buyers. So, when they demanded money & refused flat possession - I felt like my friend has deceived me - backstabbed me.
I am satisfied with the construction quality of Songbirds. I am happy about my decision to book a flat there. I am looking forward to shift to Songbirds. But it doesn't mean that - the builder can take advantage of me. Respect should be mutual. I will not let the builder exploit me.
You know? The said club membership is not transferable!
It means that - for the property investors in Songbirds - the said club membership is pure loss!
It means that if you buy a resale flat in Songbirds - you are not going to become a member of the said club!
I don't know what prompted Enerrgia SKYi to do this.
But, I wish, whatever difficulties - financial or otherwise - they may be facing - they have no right to force the flat buyers to pay or refuse flat possession.
Enerrgia SKYi Developers - Don't be Evil. Do the Right Thing.
Says Mr. Nitin in his video interview.
Related Story:
1) Who will end extortion of Pune property buyers?
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On the top this. There are annual maintenance charges on club which can be any amount. There is restaurant and bar in same premises and may be anything they want.
ReplyDeleteThe person in the video has purchased 3BHK as 2nd home (this project is good only as 2nd home & not as primary residence due to remote location & poor infrastructure). If one can buy 3BHK as 2nd home, certainly they can pay 2L easily - this is precisely what builder must have thought & acted upon.
ReplyDeleteSince, these are phase1 buyers, builder had to keep them happy for past 2-3 years so that they will bring newer buyers by mouth publicity for his next phases. Now that their job is over, builder has showed his true colours. Don't know why this buyer is shocked ? I would have been shocked if builder had behaved in proper manner, LoL.
" It means that - for the property investors in Songbirds - the said club membership is pure loss!"
- Let it be. These property hoarders also need to learn to make loss. It can't always be heads I win & tails you loose.
The most weird in all this is builder is charging 2L for club which doesn't even exists ! Maintenance of club can be addition to this. Thank god he didn't take money for non-existing flats !
This sort of actions seems more due financial crunch Pune builders are facing. No new buyers, so squeeze existing ones.
Your comments are on the spot. The buyer in the video has taken 2nd home and may be shifting to bigger house. In any case you can not call investors as hoarders, is there any law restricing buyers as how many home they should own or number of cars they buy? And if they are buying more than one home then they don't fit into justice system.
DeleteNumber of cars can be even million & no one buys cars to sell at profit. So can't compare cars with flats.
DeleteAnd when it is said - roti, kapda, makaan are basic necessities of human being, then why blame when traders hoard dal, onions etc. ? They also should be called investors, right ?
Let's not have double standards for same specimens.
Investors are here to make money, & it's just a financial instrument where they put their money, including black money. Therefore, they should be prepared to take loss as well, just like stock markets. Why cry ? Should they justice ? Definitely yes. The only thing I would say that my sympathy lies more with buyers who buy house for self use, primary residence & not with those who are hoarding it for making quick buck.
Agreed!
DeleteTotally agree with your comment.
DeleteOne more fraud builder arrested. Their project, Countrywoods at Kondhwa which Ravi has covered over an year ago showed how buyers have been cheated by this builder.
ReplyDeleteHubtown MD Vimal Shah arrested in money siphoning case -
He served as president of industry body MCHI
Vimal (Vyomesh) Shah, managing director of public listed company Hubtown Ltd (formerly known as Ackruti City Ltd), was arrested on Monday evening in connection with fraud in Maharashtra government- controlled Lokshahir Annabhau Sathe Development Corporation, according to several media reports.
The Mumbai Mirror reported that the state criminal investigation department (CID) arrested Shah along with three others in the Rs 400 crore scam.
http://www.vccircle.com/news/real-estate/2016/02/09/hubtown-md-vimal-shah-arrested-money-siphoning-case
If a business promotes memberships of non-existent clubs the purchaser can approach the consumer forum. The National Commission held this view in a judgment against Country Club against whom there are cases of luring consumers using a golfing village as attraction.
ReplyDeleteAs buyers are ready to buy flats in such a remote location. They should be able to pay for club as well. Not a mistake of builder. Buyers has to decide whether they want to buy or not. Builder is charging normal as per his morale.
ReplyDeleteHa ha ha....as per his morale..does he have one?... What a twisted mentality to link two separate businesses and arm twisting tactics...
DeleteUnfortunately, land is run by rule of law and not individual morals..
DeleteUseful news for those stuck due to builders demand for non existing club house's charges.
ReplyDeleteHolding that builders cannot levy any additional charges without any justification, the court said they were adopting tactics to achieve their illegal purposes and arm-twist the buyers to extort more money by raising the cost price or levying additional charges which do not form part of the original contract -
http://realty.economictimes.indiatimes.com/news/regulatory/builder-liable-to-compensate-buyer-for-delay-court/50925278
Many thanks!
Deletehttp://indianexpress.com/article/india/india-news-india/cant-give-beyond-45-days-for-replying-to-complaint-in-consumer-cases-supreme-court/
ReplyDeleteNew updates from Skyi Songbirds:
ReplyDelete1. Enerrgia Skyi Dvelopers who are selling non existing club forcefully to flat owners does not even own the land, where said club will be built.
2. Approach road and internal road to project is also in diapute. And land owner has filed civil and criminal cases against Enerrgia Skyi Developers.
3.One BHK tower in Skyi Songbirds delayed close to 2 years.
4. Phase 1 flats possession has been stalled as flat buyers have refused to pay for private non existing club.
5. Enerrgia Skyi developers have collected more than Rs. 2 crores from flat owners for club membership forcefully with service tax!. This is in separate account. Have they diposted the service tax with the government?
Thanks for the updates, Satyamev!
DeleteCongratulations, flat buyers of Songbirds!
Important question - has the builder deposited the service tax?
1 BHK Flats Delayed by 2 Years - financially weaker person is always exploited by the builder.
That's news Satyamev Jayate K.
DeleteAsking for money for club whose land doesn't belong to builder ? This is day light robbery. Tomorrow this builder will put even Shaniwarwada for sale !
If approach road land is under dispute, how did builder get sanction for the project ? This is critical especially when land owner has gone in court against builder.
Some towers possession delayed by 2 years & phase1 possession halted.
And despite all these details, the person in video says this is such a good builder. LoL. Typical flat hoarder attitude. Sing good things about project & builder so that more buyers can come to buy flat thus helping hoarders to make more profit.
Mr. Unknown, there are many in phase 1 stranded for possession as they have not paid for club membership. Please let other Songbirds resident know that you are getting possession without paying for the club and also let them know who from songbirds confirmed you that club membership is not mandatory.
Delete@the monk
DeleteYea i agree. People should educate others about builder so that atleast other flat buyers wont be duped.
Unkown,
ReplyDeleteWould you be hapoy to pay club membership for non existent club if they deny you possession tomorrow?
Could you also review Skyi Manas Lake please.. Thanks
ReplyDeleteMr. Mayur Jagtap
DeleteSkyi certainly least bother to follow committed delivery dates and have shown their skills in arm twisting customers to extort more money from customers. So if you want to have such a extortion experience then go for Manas project.
Thanks for your reply.. but now that the Real estate bill is in place, would it change any picture for Skyi developers?
DeleteMany of the laws already exist, issue is consumers ability to stand up to their rights. Would you buy stale food? No right? then why to walk into trap without a reason? If specific builder has tendancy to delay projects by years and has reputation of exotorting money then why desperate attempt to test the poison?
DeleteReal Estate bill paased! :)
ReplyDeleteThis case is getting interesting day by day and should be held as benchmark for many similar cases coming in future as many builders may follow same model. So let me summarize the case:
ReplyDelete1. AT Skyi Songbirds, Bhugaon there are no ameneities other than Cycle track, Jogging track and half acre garden (all 3 yet to be completed). This is as per the flat sale agreement.
Questions 1: Skyi Enerrgia took upto Rs. 6-7 Lakh per flat (calculate total amout considering 1200 flats in project) as Infrastructure development cost. What all infrastructure developed in this?
A) Internal Roads
B) Water Treatment Plant
C) Garden (yet to be completed), Cycle Track(Not started), Jogging Track (Not started)
D) Plantation of trees on campus
e) MSEB charges / Society formation charges are covered in this (mseb - 15k and soceity is 1K only)
2) Sky Enerrgia developing the private club (Skyi Club) just outside Skyi Songbirds residential project; which will have Gym, swimming pool, bar and restaurant, tennis court, badminton court and banquent hall and cricket ground. In Flat agreement its clearly said that:
A) This is PRIVATE club and Skyi Songbird socieity or federal body would not have any authority in this club
B) Flat buyers MAY enter into separate agremeent if they WANT mebership of the club
Issues:
1) During booking process
A) some flat owners were NOT told regarding club at all
B) Some were told about the club as optional (some paid token moeny just to avoid special discount offer)
C) some were told as part of package and club was included in their cost sheet (NOT AGREEMENTS) and were told they have to pay club membership during flat possession
D) There was no clarity on membership fees and additional annual maintence fees
2) Now club membership is mandetory and linked to possession of the flats. So even if you have paid in full for flat and you have not paid for club membership you wont get possession of your flat -
3) As of 14th March 2016, club construction is yet to be started and date of completion by Enerrgia Skyi is December 2016. The builder however demanding money in advance from all residents (I heard now builder is allowing staggered payment - 1/3 during flat possession, 2/3 after 3 months of possession of flat and rest after 6 months of possession of flat). On payment of 1/3 of club membership fees and issuing post dated chques for remianing amount flat possession can be accomplished
4) Membership is based on flat size (1 BHK - 2 Members - 1 Lakh, 2 BHK - 4 members - 1.5 lakhs, 3BHK - 6 members: 2 Lakh (plus service tax). Club membership is for 10 years (being considered to be increased to 12 years)
5) There will be additional annual maintence charges upto Rs. 18000 Per Annum for the club (being negotiated) also this will revised every year.
6) Those who already paid in full for club membership will be given 12% interest by builder on 2/3 amount (verbal agreement)
Questions:
a) Why club construction did not started uptil now by builder?
b) Is it practicle to complete the club construction including installation of gym equipments, safty measures, support staff, operational support systems (Bookings of faclities by members), customer care unit in next 6 months (i.e. December 2016)?
c) Why formal club brochure was not released containing details of faclities (including size and capacity of each)
d) Club will have a ground (called cricket ground) : would this be used for weddings, musical programs, parties to the public?
e) There will be 1200 families in songbirds plus there will be public membership - will club sustain these numbers?
f) In Bhugaon; there are large townships like Forest trails, Kolte Patil, Skyi Manas lake and many others who will have their own amenities then who builder is expecting to come and take membership in Skyi club? local gao walas?
The skyi Songbird have lot of open spaces and will be well mainteined open spaces due to special efforts of builder; who has saved lot of existing trees and in addition planting many thousand more trees at the campus. This project has unqiue amenities model where there are no amenities in the project other than half acre garden, cycle and jogging track and residents have Skyi club just outside the campus for swimming pool, gym, tennis courts etc..etc..Below are the reasoning:
ReplyDelete1. This will generate stedy income for builder over the years with very minal investment as songbirds residents are paying close to Rs. 12-14 Crores in advance (PLEASE NOT THIS IS BUSINESS MODEL FOR BUILDER AND HE IS NOT DOING THIS AS PART OF SOCIAL SERVICE)
2. Most of the residential societies face challenges mainteining the amenities and it will be good to have professional people to run and maintain those independently which will result in high standard services with necessary safety measures
3. As there are not much amenities in the society ....open spaces in the songbirds wil remain open spaces and society does not have head ache of complex process of ensuring maintenance and safty of amenities equipments
while above reasoning seems practicle, the issue is builder made serious mistakes in making things NOT clear; where some flat buyers were told and some were told half information and some were not aware about skyi club. Also denying the flat possessions aggresively if club membership is not paid made flat owners to lose trust. Builder left all customer relationship management with dumb employees who made matters worst. Linking possession of flat with membership of private club is CRIME!! Even flat buyers who are not going to stay at songbirds will be pay for club membership. The builder should have made efforts to sell his ideas to residents with proper communication and trust building mechanism. Also builder should have made club operational by possesion of flats and here the construction of club itself is not started. How in the world you expect people to pay for membership for non-existent club? would anyone buy movie tickets of multiplex which is non-existent?
To the builder:
1> MAKE YOUR CLUB READY AND THEN MAKE EFFORTS TO GENERATE MEMBERSHIP. IF YOUR CLUB IS WORLD CLASS AND REASONABLY CHARGED THEN SONGBIRDS RESIDENTS WILL JUMP ON THE CLUB MEMBERSHIP. THERE ARE NO AMENITIES IN SONGBIRDS ANYWAY SO RESIDENTS WOULD LOVE THIS
2> DO NOT MAKE A MISTAKE OF LINKING YOUR 2 BUSINESSES ILLEGALLY
3> DO NOT LEAVE YOUR BUSINESS AT MERCY OF DUMB EMPLOYEES - ALWAYS KEEP CONTACT ON GROUND WITH CUSTOMERS
I completely agree with you!
DeleteSKYi builders asking flat owners to sign consent letyer to change layout during possession. All educated buyers are signing the letter witout even reading or understanding what is it they are signing.
ReplyDeleteConsent to change the layout of the project? Why?
DeleteGod knows. The intelligent buyers have not bother to ask for the copy or have taken any efforts to read it :)
Deleteits not builder but buyers are on suicide mission :) why to blame builders when buyers does not value their own money...?? people are living in dreams of super luxury facilities that is also blindly.. when people around fighting for basic ones like water? this is pure consumerism and I somehow agree with the @THE MONK that these buyers deserves to be cheated left and right.
"these buyers deserves to be cheated.....Please, spare the poor guys.
DeleteSir. But these poor souls are ready to give their neck to builder...what can anyone do about it?
Deletehttp://m.businesstoday.in/story/buy-property-house-deal-with-real-estate-developers-tricks/1/196114.html
ReplyDelete
ReplyDeleteVALUE ADDITION
{mosimage}Recreational clubs and other amenities such as gymnasiums can be another issue as buyers have no option but to pay for these. "Buyers are usually not given the option to not buy club membership and other amenities. Legally, it should not be done, but it has become a common practice these days," says Singh.
What's worse, in some townships/projects that promise a grand lifestyle, developers do not transfer ownership of facilities with commercial value, such as club house, gymnasium and tennis court, to resident associations.
"Builders retain rights over such facilities in the builder-buyer agreement and profit from it. In such an arrangement, residents end up paying for maintenance while the builder enjoys ownership rights," says Malpani.
How to setup a "Murgi" who will lay golden eggs for several decades and even give you golden stock pile when you cur her off :)
ReplyDelete1. Start a mega residential project with bang
2. Do not provide any amenities in the residential project and advertise a SUPER SUPER LUXERY HEAVENLY PRIVATE CLUB and rob the money to construct this club for brainless, fool buyers who will be happy to go in for SUPER SUPER LUXERY HEAVENLY CLUB. So go ahead and charge super rediculous membership fees in sevral lacs out of the pockets of these morons
3. Once you get all money from brainless flat buyers to build the club..take your own time and build some shit as CLUB with your own sweet time. FLAT BUYERS being brainless and fools wont mind this at all
4. Charge rediculous annual maintainence for all buyers for using the club facility...again brainless creatures wont mind this...
5. YOU are all set to get golden eggs now for years :)
take below example in WrongBirds:
1200 Flat owners will pay average Rs. 2 lacs as membership fees for 12 years (Rs. 24 Crores) (actual figures are much larger - 1 BHK flat owners pays Rs. 1 lac,2 BHK pays rs 1.5 lac and 3 BHK pays rs 2 lacs)
Annual Maintenance fees on average for 1200 families is Rs. 10000 - this is per year (Rs. 1.2 Crore per year) (actual figures are much larger - 1 BHK flat owners pays Rs. 8000,2 BHK pays rs 12000 and 3 BHK pays rs 14400)
plus as you hold the ownership of the club; you can sell it off anytime and get stockpile of gold...
what an idea sirjee :)
Another feather falls off Wrongbirds : partial plan / construction is illegal as it may have encroached Ram Nadi Basin...in any case lots of open spaces show cased by builder set to vanish!
ReplyDeleteSongbirds becomes wrongbirds...there is no more 5 star crisil rating for the project: below email from Crisil
ReplyDeleteDear Mr. XXXc
Please note that we have initiated the Rating Suspension Process for the captioned project. Rating suspension process is initiated when the client becomes non-cooperative and does not provide required project updates which are necessary to assess current operations in the project. The Rating is kept live in public to safeguard investor/customers interest. Please refer to the ‘Rating Update’ on the captioned project on our website for the same.
The base points/key factors in a rating are ‘five parameters’ which are evaluated in a project. They are Quality of legal documentation, Construction related risks, Financial flexibility/viability of the project besides the background, innovations in the project and track record of the project sponsor.
The analytical team’s review on the above parameters for the captioned project is available on CRISIL’s website for the initial rating. However, lack of latest updates on the project from the developer have constrained us from updating the webpage.
Regards,
Real Estate Support Team
Wrongbirds : flat buyers found that carpet area is less by 40-70 sq.ft than mentioned in an agreement.
ReplyDeleteRich flat buyers have paid for non existent club and yet no sign of club , no construction started...
Hi i have brought a flat in Songbirds too. The builder absolutely refuses to give possession or inform accurately about when the possession can be given. If there is any community over there demanding answers from builders i would like to participate.
DeleteHello Chinmay! I think you are asking a wrong question. Before asking about the possession, you should *ask in writing* - "Can you email me the completion & occupancy certificate of my building?"
DeleteYesterday morning, I visited Songbirds. I was there for nearly 4 hours.
DeleteChinmay,
DeleteIs it your flat is ready and possession is refused? Which tower your flat is located?
As Ravi has suggsted, ask them documentation...
I heard builder is NOT completing some of the promised amenities like jogging track as it will increase maintenance cost for phase 1 flat owners....not sure whether he meant he will complete it late? Insane logic for insane flat owners...
DeleteWrongbirds: I met one of the "victims" yesterday, the middle aged couple was angry about being cheated over club and other amenities, delay etc... They were Harrased during possession of their flat. The old person with couple suddenly burst with cursing words - law of karma will take its course...
ReplyDeleteWrongbirds:
ReplyDeleteAn update:
1. No private club construction in sight :) for which Singing Birds have already paid membership fees upto 2.4 lakhs including service tax. Please note service tax is collected for non existence service.
2. No society formation for nearly 5 mo nths. Singing Birds are happy to see their maintenance diposites waporing Way.
3. Internal road, garden, jogging and cycle track etc amenities are exist only on brochures. Singing Birds are happy and cozy in thir luxurious nests..
4.1BHK flat buyers aka chickens still wondering why their nests are not ready even after close to 2 years?
5. Phase 2 and 3 birds are in dilemma whether to sing a song or sing a wrong..
Bunch of singing birds are saying builders are young...so please confirm of any juvenile real estate law exist if not we should have one.
Shall I book a flat in Manas Lake?
ReplyDeleteYes you can book the flat at SKYi Manaslake though you may not get possession of the flat ...so if you can afford to lose your money please go ahead...
Deletei had booked a flat in manas lake tower 7 flat in september 2015. later they told me they will shift me in tower 4 or 5 bcoz tower 7 has not sanction in march 2016. due to this uncertain reason i cancellled my flat on 21 may 2016 and till date i havent received any cancellation confirmation call, email or msg from skyi ennergia.The executives assured me to pay the money in 90 to 120 days. Its july now yet havent received any confirmation about the money payback inspite of calling, msgng and mailing them.? plz suggest? wats taking so long for a confirmation msg, call or email? when do i get my money back? i dont want the skyi energia say to me tht the money will be received after 120 days once they give me a cancellation call? plz suggest. i give thumps down to the management team but the project is really good.
ReplyDeleteProject is really good??? Even after you have been duped....he he..good one...I don't fault builders like skyi enerrgia when plenty of people are ready to throw their money away...
ReplyDeleteIf project ia good then stick to your booking as I am sure they will give you possession of non existent flat like they are giving non existent skyi club at Songbirds project...
I am wondering what should I do about Manas Lake booking? At least today when I visited them they confirmed that the possession for the apartment will not affect any club membership. Meaning that they're not linked.
ReplyDeleteWas wondering if someone could provide a good review of the whole Manas Lake project?
After Skyi Songbirds club looting some buyers did bite enerrgia skyi builder hard and this may be reason in Manas they may be staying away from club membership looting for now. However do note that Manas project us also getting delayed and all amenities mentioned in your agreement may stay only on paper going by their track record. Over all booking at Manas is at very low level due to poor response and builder has taken huge hit which may delay project further.
DeleteCan you please confirm developers of SKYi Songbirds & SKYi Star Towers are same ?
ReplyDeleteSKYi Star Towers are aunching new project @Manas Lake.
SKYi Star Towers walls in 4" inch pls note..before pay amt.
DeleteNo club in sight and Skyi has deposited post dated cheques of singing birds...Cant believe such fools exist in the world.
ReplyDeleteHello All,
ReplyDeleteI am planning to buy 1bhk in Skyi Manas project. But after reading the blog i am getting scare .. Please suggest do i really invest in it.. what is your thought.. This in my first property.. so please be genuine...
Prasad B.
Cool.prasadbhagwat@gmail.com
If you are looking for some excitement in your life. Especially thrill of losing your hard earned money then this is a perfect project to make an investment.
ReplyDeleteAgree
DeleteSkyi Manas is not going anywhere..the original landowners who gave the land for Manas development are been taken for a ride by Skyi. Do not book with them.. plus they are not yet RERA registered
ReplyDelete