Celadon City buyer sues Gamuda Land to cancel contract

According to Ms. D.TN - one of the plaintiffs in the civil case, from 2020 to the end of 2022, she made a deposit and paid money to buy 4 apartments in the Diamond Centery subdivision (area A6) of the Tan Thang Sports Complex and Residential Area project (commercial name is Celadon City, on land plot number 39, map sheet number 40, in Son Ky ward, Tan Phu district, Ho Chi Minh City).

In particular, the apartment that Ms. N. bought the earliest has code C5.0.05, deposit on November 24, 2020 with the amount of 200 million VND. By October 13, 2022, Gamuda Land signed a Civil Contract with Ms. N. on the sale and purchase of this apartment with a total contract value of more than 10,886 billion VND. As of March 15, 2023, Ms. N. has paid Gamuda Land more than 1.6 billion VND.

In her presentation to the People's Court of Ho Chi Minh City, Ms. D.TN stated that, because of the A6 area, the Celadon City Project was only notified by the Department of Construction of Ho Chi Minh City to open for sale according to Document No. 6351/SXD-PTN&TTBDS dated May 8, 2023. Meanwhile, Gamuda Land had signed a contract with the plaintiff for the above 4 apartments before the above time. Therefore, Gamuda Land signed the contract when it was not yet allowed to open for sale and lease the apartments in the A6 area.

Celadon City project has had many problems between customers and investors.

According to this customer, Gamuda Land violated: Article 55, Clause 2, Law on Real Estate Business 2014: "Before selling or leasing future housing, the investor must notify the provincial housing management agency in writing that the housing is eligible for sale or leasing."

“Because it was not yet permitted to open for sale, Gamuda Land signed the contract and collected money, which is an illegal act of capital mobilization. Meanwhile, as a customer, I always paid in full and on time according to the payment installments agreed upon by both parties and only stopped paying when I learned that the actual investor had violated the law and intentionally deceived me about the project's legal documents,” Ms. D.TN said indignantly.

This customer also said that before the A6 area announced the opening for sale, many residents had asked the investor to clarify legal issues. However, Gamuda Land only acknowledged and did not answer the customers' questions. Therefore, Ms. D.TN and a number of customers who bought houses in the A6 area decided to file a lawsuit to cancel the sale contract and at the same time request the investor to be responsible for paying interest due to violations.

In mid-May 2024, Tan Phu District People's Court opened the first-instance trial of the civil case "Apartment sale contract dispute" and partially accepted the plaintiffs' lawsuit; declared the sale contracts invalid; did not accept Gamuda Land's counterclaims,... Due to the appeal, the case continued to be transferred to the appellate court.

On April 13, 2023, the People's Committee of Ho Chi Minh City signed Decision 1426/QD-XPHC to administratively sanction Gamuda Land for violations in real estate business activities due to the act of "Illegal capital mobilization" at the Tan Thang Sports and Residential Complex project - Celandon City.

Specifically, the Company signed an apartment sale and purchase contract at the A5 Apartment Complex project of the Celandon City project when it did not meet the conditions for sale and lease according to regulations. For this violation, Gamuda Land was fined 900 million VND and forced to remedy the consequences by returning the capital mobilized in violation of regulations.

Source: https://www.congluan.vn/xet-xu-vu-khach-hang-mua-celadon-city-kien-gamuda-land-yeu-cau-huy-hop-dong-post308588.html