PIQUED to unravel the controversy surrounding a business transaction that would have delivered a two-bedroom flat in Kabusa Gardens Estate, Dakwo District, Abuja, to a subscriber, the Nigerian Police Force (NPF) and the Economic and Financial Crime Commission (EFCC) have started making enquiries into the debacle.Both the police and EFCC's inquisition began following different petitions sent to them by the aggrieved subscriber, Miss Adeola Olunloyo, who is alleging a breach of contract and agreement against the developer, Solid Homes Limited.Kabusa Gardens is the second housing estate project embarked upon by Solid Homes Limited. The Gardens is a 50-hectare residential estate comprising of 1004 affordable finished housing units in a serene communal environment. Kabusa Gardens derives its name from the village in which it is located within the immediate outskirts of Abuja on the way to the Nnamdi Azikiwe International Airport, about 15 minutes drive from the city gate.An unconfirmed source hinted that the police had several times issued invitation letters to the feuding parties, while EFCC is still studying the allegations whether they are justifiable in court or not.In a petition by the firm of Banwo & Igbokwe, counsel to Olunloyo, it was stated that Olunloyo had on 28th July, 2008 applied to Solid Homes for the purchase of a two-bedroom flat located at Kabusa Gardens Estate Dakwo District, Abuja valued at the sum of N5.5m.It was claimed that based on that agreement, Olunloyo on 3rd September 2008 made a deposit of the sum of N2m being a part-payment for the flat leaving a balance sum of N3.5m.According to the petition undersigned by Anthony Aregbe for the law firm, Olunloyo was said to have paid the part-sum with an understanding with Solid Homes that she would be away for a year and upon her return in September 2009, she would pay the outstanding balance in three installments, allegedly claiming that the office manager of Solid Homes at the time, Mr. Tony Ehikioya Okomwa was privy to the said mutual agreement.According to the law firm, when Olunloyo returned in September 2009 to make the payment of her outstanding as agreed, the firm said she was informed to her utmost shock, that Solid Homes had jerked the price of the said property from the agreed sum of N5.5m to N9.5m and that the subscriber would have to pay the said amount.The disparity between the claimed agreed price and the eventual value of the property has been a knotty issue for both sides to crack, making Olunloyo to demand that the realtor allows her to balance the agreed purchase price or that the developer refunds her deposited funds with 10% interest within weeks. Further, the subscriber wants the developer to write a letter of apology to her for the pains and emotional trauma the disagreement had caused her.But the company, which did not deny transacting business with the subscriber, denied any agreement with her to the effect that the price of the preferred property would not be varied as claimed by Olunloyo.According to its Managing Director, Mr. Newton Yakubu, it is true that when his company started marketing the property, a 2-bedroom flat was given out at N5.5m, adding however, that since property market was uncertain, within a year, the price had shut up to N9.5m.He further said since the request from Olunloyo to pay the initial balance for the property could not be ascertained, the company has decided to refund her earlier financial commitment but at the moment, Solid Homes is undergoing some financial difficulties, making it impossible for it to give a specific time to pay up.Also in a letter dated 4th October 2011, co-signed by Solid Homes Company Secretary/Legal Adviser, Mrs. Oluwatoyin Ilesanmi and Mr. Mewton Yakubu, copied to the subscriber, the company pledged to refund the deposited money. The letter titled re: part payment for a 2 bedroom flat at Kabusa gardens Abuja by Miss Adeola Olunloyo reads in part: The receipt of your letter dated 14th September, 2001 in respect of the above mentioned subject matter is hereby acknowledged.'We apologise for the delay in responding to your client's request for refund. Please be informed that the refund is being processed and would be paid as soon as possible. We therefore request for more time to pay.
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