Emirates City Forum

ARRA assured me Star Giga can't do this without their approval. I suggest you submit a complaint about this to ARRA as soon as possible. You can use my complaint as a guidline, see below. Three pages were attached. Give it a try!

Page 1

To: Ajman Real Estate Regulatory Agency (ARRA)
For Attn of: Aysha Al Dhari, Customer Services Officer
From: Name
Tel (office): (mobile): Email:
Date:

Complaint against Star Giga Establishment Limited
Dear Ms Aysha,
I wish to make a complaint against Star Giga Establishment Limited for sending me a final notice of overdue account and threatening to initiate proceedings to terminate the contract.
Please note the points listed below.
• Star Giga have defaulted on the Completion Date of 31st July 2009.
• They have defaulted on the Longstop Date of 31st Jan 2010.
• The Ultimate Longstop Date of 30th April 2010 is very near.
• The seller blames delay on Force Majeure.
• The buyer has also been affected by Force Majeure as the economic crisis has affected everyone.
• (See Agreement of Sale, paragraph 16.1. page 10.) If the completion date is delayed by a period of more than two years, then the Buyer may elect to terminate this Agreement…….and the Seller shall refund all monies paid by the Buyer. (The two-year delay will be reached on 1st July 2011.)
• According to the contract the Buyer and I have signed, no more payments are due until handover, which has been delayed till 1st July 2012. (See attached payment plans)
• The buyer should be compensated due to the additional rent paid since 31st July 2009.
• Construction stopped in July 2008 and the Seller served notice in late Dec 17th 2008 and again in Feb 2009 that all due payments had been postponed due to the delay in obtaining the utilities and other infrastructure. These have still not been obtained nor has there been any progress on construction since July 2008, despite the Seller falsely claiming that the work is progressing on the site. As per all the points I have made above, I will make no more payments until the handover of the property, as per my original signed contract.

Yours sincerely,

Name

Page 2

Star Giga Establishment Limited
Star Giga House, Office 10 – 1st Floor, Next to Oasis Centre, Sh. Zayed Road, Dubai, United Arab Emirates
PO Box: 29193 | Phone: +9714-330-7640 | Fax: +9714-330-7641 | Web: www.stargiga.ae | Email: crm@stargiga.ae
Mr
Email: @hotmail.com
EIN Ref:
Ref:
10 March 2011
Final Notice of Overdue Amount:
Unit in Tower of Goldcrest Dreams - Emirates City, Ajman
Reference is made to our previous correspondences notifying you regarding outstanding amount towards the purchase of the property mentioned above.
We have noted that your account is in default and you have not made any payments in the recent past. You have till date paid only 38.2% of the unit purchase price. As you are well aware, the non-payment/delay in payment by the Unit Purchasers will abate the progress of any off-plan real estate projects. Our project is also behind schedule due to the non-payment/delay in payment by the Unit Purchasers and oppressive market conditions. Nevertheless, we have completed above 30% of the total project and the work is progressing in the site. The certificate of the project consultant is available on our support desk: http://crm.stargiga.ae/answer.aspx?aid=13192.
We are now constrained to issue this Final Notice of Overdue Amount since you have defaulted in making payments even after our previous demands/notices for payment.
You are hereby requested to make payment of the overdue amount of AED
within 30 days hereof, failing which we shall initiate proceedings to terminate the contract as per the ARRA guidelines (you may refer to the ARRA guidelines here: http://crm.stargiga.ae/answer.aspx?aid=13193) and forfeit all amounts paid towards damages. We also reserve our right to claim any further damages as per the prevailing laws.
A summary your account statement as per our records and the details of our escrow account details are enclosed herewith. If there is a reason why these payments have been withheld we would be obliged if you could contact us in order to either explain the reason or come to some form of payment arrangement.
Please disregard this letter in case you have already deposited the due payment in the project escrow account.
Please do not hesitate to contact our Customer Relations staff in case you need any further clarification with regards to the above issue.
We thank you for being our customer and are further grateful for your timely payments.

Sincerely,
The CRM Team
Star Giga Establishment Limited

Page 3

These are the tables which show my original payment plan (The only one which I signed) and the reschudeled payments which show that I pay nothing more till handover (as per the original signed contract). If you like, I can send the table to your personal email. I'll copy it here, but it won't be so clear as it doesnt copy the lines of the table and it doesn't space it well.

I don't think we should panic at this stage, but we should lodge our compaints with ARRA as soon as possible.

The tables

GOLDCREST DREAMS
Star Giga Establishment Ltd Schedule A

PAYMENT PLAN (ORIGINAL)
Type
Sq Ft
Rate
Sale Value
Buyer: ( @hotmail.com )
Mobile:
Unit No.

PAYMENT PLAN (RESCHEDULED)

Sr No Instalments Amount Sr No Instalments Amount
√ Booking 45,000 + 5,000(Parking) √ √ Booking 45,000 + 5,000(Parking) √
1 √ 01-Oct-06 10,000 1 √ 01-Oct-06 10,000
2 √ 01-Jan-07 10,000 2 √ 01-Jan-07 10,000
3 √ 01-Apr-07 10,000 3 √ 01-Apr-07 10,000
4 √ 01-Jul-07 10,000 4 √ 01-Jul-07 10,000
5 √ 01-Oct 07 10,000 5 √ 01-Oct 07 10,000
6 √ 01-Jan-08 10,000 6 √ 01-Jan-08 10,000
7 √ 01-Apr-08 10,000 7 √ 01-Apr-08 10,000
8 √ 01-Jul-08 10,000 8 √ 01-Jul-08 10,000
9 √ 01-Oct-08 10,000 9 √ 01-Oct-08 10,000
10 √ 01-Jan-09 10,000 10 √ 01-Jan-09 10,000
11 01-Apr-09 10,000 11 √ 01-Jul-09 09,000
12 01-Jul-09 75,000 On Handover 12 01-Jul-12 76,000 On Handover
+ 20,000(Parking) + 20,000(Parking
13 01-Oct-09 18,000 13 01-Oct-12 18,000
14 01-Jan-10 18,000 14 01-Jan-13 18,000
15 01-Apr-10 18,000 15 01-Apr-13 18,000
16 01-Jul-10 18,000 16 01-Jul-13 18,000
17 01-Oct-10 18,000 17 01-Oct-13 18,000
18 01-Jan-11 18,000 18 01-Jan-14 18,000
19 01-Apr-11 18,000 19 01-Apr-14 18,000
20 01-Jul-11 59,748 20 01-Jul-14 59,748
Total 415,7484.00 Total 415,748.00

√ = Payments made Total paid = AED 159,000.00