Saturday 30 June 2012

THIS BLOG IS PURELY BASED ON PUBLIC INTEREST

Overview: We have invested on a development project (Diya Enclave, near Mysore Airport, Dadadalli) offered by Mr. Rajesh Kumar YR, a propitiator of malGudi Properties, Mysore, Karnataka and here is our experience. Few developers does poor work and charge more, but this gentleman robbed our entire money and keep telling sweet words whenever we meet him. Details are as follows… Post reading this blog, we leave the decision completely to your discretion and decide whether to invest on any projects developed by him or not. We hope this blog helps you in dealing with any other real estate developers as well.

Rajesh Kumar YR (above pictures are collected from public websites)
After waiting for two years closely and seeing no progress we met him personally and asked him about the status. He himself stated that the project cannot be developed and the money will be returned, but he needs to check with his other partners. This discussion happened on 05 March 2011 and we have captured the complete discussion. A small clip from that video is attached below for your reference. For security reasons, we are not able to host the entire video and the same will be submitted in court of law. In fact, since the time we doubted him, we have captured most of the discussions that helps now in the court.


On 20th Mar 2011 this gentleman (Mr. Rajesh Kumar YR) requested us to give him two months’ of time to return us our complete money (in cash) that we gave as advance. As usual these two months of time requested for again to just delay the whole process OR by expecting his own benefits that we realized later. Close to 20th May 2011 again as expected he came up with a surprise (you may please read through the below mails for reference). After a couple of deep discussions, he finally gave us postdated cheques (dates mentioned on cheques are on Nov 2011, hence he again took 6 months more time) on 23rd May 2011. As guessed he dishonored cheques and tried his level best to stop us proceeding legally. He also has no respect on our legal system and says even if we file a case in the court it will take years of time and that won’t affect him in any way.

We have filed two criminal cases under Negotiable Instrument Act 138 on Mr. Rajesh Kumar YR as he dishonored the cheques. We will keep posting the progress here with the public interest.

BTW: We also have communicated to Mr. Rajesh Kumar YR that once he return our money, we plan to donate that money to Shami Dev @ Shanishingnapur, Manjunatheswar @ Dharmastal, and etc. Even after that he is troubling us like this and trying to rob the money. Now that, you can guess what kind of personality Mr. Rajesh Kumar YR has.
For more information we can be contacted at diyavictims@gmail.com. If you are also on the same boat (invested in the past on projects offered by Mr. Rajesh Kumar YR) and if you contact us we can together legally proceed.
Reference mails/communications with Mr. Rajesh Kumar YR are as follows….




Posted on: 20th May 2011

As expected, our gentle man Mr. Rajesh Kumar YR had come up with a different proposal again J
One day before he was supposed to settle our cash, he sent the below mail. In fact, as per his commitment, he was supposed to update us the status in the first week of May 2011 as he said the amount will be settled in the first week of May 2011 but if it delays for any reason, in the worst case it should not cross 20th May 2011 for settling our cash. These discussions happened on 19th Mar 2011. But as expected, despite of us sending a couple of mails to him for update, he did not responded to us till the last minute. He had come back with the following mail on 19th May 2011 (which is one day before the settlement date)
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Rajesh Kumar YR Mail extract - start
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As a valued and esteemed customer of ours, I would like to explain in detail about the progress.

The time taken from you is to consent of other parallel investors too who have invested in our property. And I am happy to report the progress here.

We have done the survey extensively around the area. The layout ahead of us is selling at Rs.700/- per sq.ft ( You can check directly with them ). We assessed inside properties and decided the market value of the plot today would be a min of Rs.550/- per sq.ft and we are raising our price to the same.
There is a development in the Mysore market, so the bulk investors and other site owners have decided to go ahead with the development of the property. On similar lines we have gone ahead and paid the required fees to the Govt. accordingly ( The documents are available for verification ).

My sincere request to you is to stick to the original plan and you shall reap the benefit. After all the home work we have done here, we felt that retaining the sites is the most sensible thing one can do.

All the options I have given you is to give you an immediate appreciation in land so that there would be some kind of give back from our side in the recession market. Now as it is our prices have gone up there and the development work is starting, so it would fetch you good returns.

Please do come tomorrow before 10 AM and I shall arrange the documents from the office. Kindly confirm your visit.

We hope for a better tomorrow and await positive approach.

Thanks & regards,
Rajesh Kumar YR
malGudi Trade Links Pvt. Ltd,
Mysore - 570 020
+91 9379 11 55 66
+91 9845 11 55 66

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Rajesh Kumar YR Mail extract - end
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Our analysis on his mail - start
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Here is our inline analysis on his mail

As a valued and esteemed customer of ours,

Diyavictims> Fishing

I would like to explain in detail about the progress.

Diyavictims> Great to listen one day before the settlement

The time taken from you is to consent of other parallel investors too who have invested in our property. And I am happy to report the progress here.

Diyavictims> This is completely unacceptable as this was not discussed by Rajesh earlier. On19th Mar 2011, Rajesh committed that he will return the money on or before 20th May 2011 to us at any cost. He did not discuss anything about the need to discuss with anybody else. He mentioned only one thing is that, he need to find out from his partners that how much more money (interest) that he can return to us apart from our actual investment. We have recorded evidence for this which will be posted in the web in our subsequent blog updates. As of now we are retaining all our key recordings confidential as evidences.
We have done the survey extensively around the area. The layout ahead of us is selling at Rs.700/- per sq.ft ( You can check directly with them ). We assessed inside properties and decided the market value of the plot today would be a min of Rs.550/- per sq.ft and we are raising our price to the same.

Diyavictims> Great news. He can make a lot of money now.

There is a development in the Mysore market, so the bulk investors and other site owners have decided to go ahead with the development of the property.

Diyavictims> Rajesh forgot us as investors. He did not consult us to know our opinion before taking this decision. So there is no way we can believe this. Despite of repeatedly asking Rajesh from a long time to share with us other partners contact details to form an association group, he declined to give us the details. We leave it to you to speculate on “Why Rajesh did not shared the other partner’s details with us?”.

On similar lines we have gone ahead and paid the required fees to the Govt. accordingly ( The documents are available for verification ).

Diyavictims> Here the real fun starts.
Look at the below link that will direct you to the marketing document that he had come up with before we had invested (exactly 2 years back) on this project.

                                 Diya Enclave Presentation
Go to Slide #4: Here it is clearly mentioned that “Change of land use completed under MUDA.

Now understand what our gentle man Rajesh Kumar YR is?

Secondly many times in our earlier discussions we were asking him on the status of the approval process. During that time he mentioned that the following three steps are completed (we have recorded evidence for this which will be posted in this blog in our subsequent blog updates).

  • Verification and Legal opinion for the purchase of Agricultural land
  • Change of Land use
  • Alienation

He said it is completed but he never shown us any proofs for the same, despite of asking for it many times.
Now he is telling that he paid the required fees to Govt. accordingly.

KNOW WHY?

He can show this as a proof that he is working on Diya Enclave development but we are only voluntarily coming out of the project, hence he need to deduct some amount as damages and loss. Fun!

But the fact is that, in our recent couple of discussions, he himself (Rajesh Kumar YR) mentioned that he cannot develop Diya Enclave and the plan for developing this site has been completely dropped out. We have recorded evidence for this which will be posted here soon. This recording also has the information that, he mentioning about returning us our investment with some appreciation (interest).

My sincere request to you is to stick to the original plan and you shall reap the benefit. After all the home work we have done here, we felt that retaining the sites is the most sensible thing one can do.

Diyavictims> If Rajesh Kumar YR is so customer centric; he should have returned our money by this time.

All the options I have given you is to give you an immediate appreciation in land so that there would be some kind of give back from our side in the recession market.

Diyavictims> Just to delay.

Now as it is our prices have gone up there and the development work is starting, so it would fetch you good returns.

Diyavictims> Great if we get our original money.

Please do come tomorrow before 10 AM and I shall arrange the documents from the office. Kindly confirm your visit.

Diyavictims> Last minute arrangements for further delay.

We hope for a better tomorrow and await positive approach.

Diyavictims> After reading this blog, you can guess

Thanks & regards, 
Rajesh Kumar YR
malGudi Trade Links Pvt. Ltd,
Mysore - 570 020
+91 9379 11 55 66
+91 9845 11 55 66

Diyavictims> This website has been closed a way back. Try yourself!!! He did closed his office at the address mentioned in the above presentation
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Our analysis on his mail - end
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We have replied to Rajesh Kumar YR - start
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Quite interesting story! You may start writing novels that will get you lots of money.

When you say “bulk of investors shown interest to develop Diya Enclave due to appreciation”, what do you mean by investors? This is surprising to us as you have not consulted us for our opinion and I am not sure how you can take this decision without even consulting us.

If someone says one lie and ninety nine truthful statements then the ninety nine truthful statements also will be treated as lies. What if someone says all hundred lies? I mean, we cannot accept you taking so many U-turns (i.e. giving a new story/plan/proposal each time we reach a committed deadline to close this deal).

At this moment, if you believe yourself that you are a genuine human being, gives value to the relationship, and having business ethics, then the only option for you is to stand on your commitments which was given on 19th March 2011. i.e. giving us cash / cheque by tomorrow (ie. 20th May 2011) and close this deal for now. This will allow us to listen to you further and look at your other proposals. That means, when you are ready with all the approvals from MUDA and it is registration ready, we don’t even mind coming back and booking for the plots at the market value at that time. But, unless you give the cash/cheques as you committed by 20th May 2011, we have no interest to listen anything that you say and believe at this moment.

We expect you to call us before 10:00 AM, 20th May 2011 and confirm us on your plan of travel to Bangalore and mode of payment. If we don’t receive response from you on this before 10:00 AM, 20th May 2011, then you don’t have to expect any direct communication with us from then onwards. In that case we will have to choose our own ways.

Hope you will not stretch it, till it breaks.

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We have replied to Rajesh Kumar YR - end
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After reading this mail our gentleman Rajesh Kumar YR has called us:
Based on the discussions, we have sent the following mail

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mail - start
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Thanks for calling us and discussing with us on the next steps to close this deal!

As we discussed, we will be coming to Mysore to meet you on coming Monday 23rd May 2011, before 10:00 AM for closing this deal.

As part of this plan, we need a process that will allow both the parties to close this deal without wasting much time with arguments and discussions during our visit. i.e. we want to make our visit as short as possible and close this deal without any discussions, conflicts and further delays.

Here is the process to be followed

1.      In order to cancel the agreements we will create affidavits which states the same and the draft copies of the same will be mailed to you for your review. The affidavits will be valid upon realization of the cheques

2.      You please cut the cheques with the following details:

1.      name – value
2.      name – value
3.      name – value
3.      Send the scanned copies of the above cheques by e-mail by 20th May 2011 before 02:00 PM
4.      Upon receiving the scanned copies of the cheques and the feedback on the affidavit draft, we will prepare the final affidavit with cheque details references. We will also be sending you scanned copies of these affidavits for your reference.

5.      On Monday (23rd May 2011) morning before 10:00 AM, when we meet at Mysore, we will just have to exchange the cheques with signed affidavits.
6.      We will also hand you over a signed Xerox copy of the original agreement copies by mentioning that the advance has been refunded with the cheque details.

This process should work for both of us to make the process as simple as possible. Let us know if you have any thoughts to make the process even simpler and close the deal.
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mail - end
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So far we did not get the respoce from our gentleman Mr. Rajesh Kumar YR...

Wait for the next update :-)