According to Ms. D.TN, one of the plaintiffs in the civil case, between 2020 and nearly the end of 2022, she made deposits and payments to purchase four apartments in the Diamond Centery subdivision (Area A6) of the Tan Thang Sports Complex and Residential Area project (commercial name: Celadon City, located on plot number 39, map sheet number 40, in Son Ky ward, Tan Phu district, Ho Chi Minh City).
Among them, the apartment that Ms. N. purchased earliest has code C5.0.05, with a deposit of 200 million VND made on November 24, 2020. On October 13, 2022, Gamuda Land signed a civil contract with Ms. N. for the purchase of this apartment with a total contract value of over 10.886 billion VND. As of March 15, 2023, Ms. N. had paid Gamuda Land more than 1.6 billion VND.
In her presentation to the Ho Chi Minh City People's Court, Ms. D.N. argued that the A6 area of the Celadon City Project was only authorized for sale by the Ho Chi Minh City Department of Construction according to Document No. 6351/SXD-PTN&TTBĐS dated May 8, 2023. Meanwhile, Gamuda Land had already signed contracts with the plaintiff for the four apartments before that date. Therefore, Gamuda Land signed the contracts without permission to sell or lease the apartments in the A6 area.
The Celadon City project has experienced numerous issues between customers and the developer.
According to this customer, Gamuda Land violated Article 55, Clause 2 of the 2014 Law on Real Estate Business: "Before selling or leasing future-built housing, the investor must notify the provincial housing management agency in writing that the housing meets the conditions for sale or lease."
“Because Gamuda Land signed contracts and collected money before being authorized to sell, this constitutes illegal fundraising. As a customer, I always paid in full and on time according to the agreed-upon payment schedule and only stopped paying when I realized the developer had violated the agreement and deliberately deceived me about the project's legal documents,” Ms. D.TN angrily stated.
This customer also stated that, even before the announcement allowing sales in area A6, many residents had requested the developer to clarify legal issues. However, Gamuda Land only acknowledged the requests but failed to address them. Therefore, Ms. D.N. and several other homebuyers in area A6 decided to file a lawsuit to cancel the sales contract and demand that the developer be held responsible for paying interest due to the violations.
In mid-May 2024, the Tan Phu District People's Court held a first-instance trial of the civil case "Dispute over apartment purchase and sale contract" and ruled to partially accept the plaintiffs' claims; declared the purchase and sale contracts invalid; and rejected Gamuda Land's counterclaims,... Due to an appeal, the case was transferred to the appellate court for further trial.
On April 13, 2023, the People's Committee of Ho Chi Minh City signed Decision 1426/QD-XPHC imposing administrative penalties on Gamuda Land for violations in real estate business activities, specifically for the act of "Raising capital in violation of regulations" at the Tan Thang Sports and Residential Complex - Celandon City project.
Specifically, the company signed apartment sales contracts at the A5 apartment complex within the Celandon City project before meeting the legal requirements for sale or lease. For this violation, Gamuda Land was fined 900 million VND and ordered to rectify the situation by returning the illegally raised capital.
Source: https://www.congluan.vn/xet-xu-vu-khach-hang-mua-celadon-city-kien-gamuda-land-yeu-cau-huy-hop-dong-post308588.html
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