I have sent the following letter ( along with follow-up letters) to the Builder "Bengal Shelter Housing Development Limited", who, after taking 70% of the price of the booked flat, have stopped communication with me. Please see the following letter which sent to the company in Jan 2009:
Ms. Sujata Saha
Chief Marketing Manager
Bengal Shelter Housing Development Limited
BA – 2, Sector I, Salt Lake, Kolkata: 700 064
Subject: Reply to your letter of ref no.BSHDL/D4/SKPII/061/2 dated 24th. December, 2008
This is to confirm you that I am in receipt of your letter of reference number as mentioned above in which you asked for the payment of the 4th. Installment for apartment number: 5B, 5th. Floor, Purbarag II, Block IV in Sisir Kunja.
Please note that, very recently I visited the construction site to see the progress. There, I was informed that the property completion would be delayed by (at least) a year and the modified/ probable hand-over date would be in the middle of 2010. The status and progress of the construction also supported the statement made by your staff at the site.
This delay is going to put me in a very bad position as based on your commitment I have made arrangement to vacate our present residence in the 1st. quarter of 2009. Also, under the unfortunate circumstances of global recession, I have been advised by my financial advisor not to block my liquid cash/ savings by making payments to you unless there is a written commitment from you on the date of completion (and date of hand-over) of the above-said property.
Thus, kindly provide me the following information:
1. Is it a fact that the hand-over of property would be delayed considerably? If yes, then, what would be the new date of hand-over?
2. Will there be any compensation for the delay?
3. Will there be interest paid by you on the amount that has already been paid to you for the period of the delay? What would be the rate of interest?
4. Will you start paying us for the delay as mentioned in the sale-agreement?
It was, indeed, very shocking that you did not notify us in advance for the delay/ change of dates for the hand-over and on the top of it, you continue to put the condition of interest on delay in payment. This kind of unfair treatment is not expected from a reputed organization like yours. It is unfortunate that you are trying to confront the global recession (most likely) completely at the cost of the clients by (i) delaying the construction/ completion date and by (ii) charging interest on the delayed payment. The transparency is completely missing. A better approach would have been to be transparent with your progress so that we could plan our finances and other related necessary things accordingly.
Anyway, please reply to my questions (as mentioned above) so that I can decide upon/ make the payment for the next installment. Please note that, I will make the payment only after I receive a satisfactory reply from you.
Mrs. Kakoli Sen
C/o. Mr. Manoranjan Sen,
Nabatirtha, Near Gas Go-Down,
P.O. – Haridaypur,
Kolkata – 700 127.
Ref. : Your letter No Sisirkunja/Kakoli/01050901 dtd. 05/01/2009
We thank you for your letter referred above. Your schedule handover date is February 2010 as per the terms of your provisional allotment letter. We are hope full to complete the project by December 2010. It is fact that the project got tardy due to the following sensible fact which no body can disregard.
1. The cosmic ness of the project
2. Impediment in getting power connection from the WBSEB
3. The project is under two Municipalities
4. Delay in getting permission for constructing G+7 building from MED
5. Labor problem
You can well under-stand that carrying out of a project like Sisirkunja is not a trouble-free task. The developer will never try to delay the project completion date since it generate an outsized amount of recurring cost, which is an immense loss from developer’s point of view. However our clarification of your other point is as under
1. Regarding the compensation we will go as per the terms of Your Provisional Allotment letter only.
2. Will not pay any interest for that
3. We have not executed any sale agreement with you
We decidedly feel that the viaduct of trustworthiness is not building up from your end towards us, which is highly dubious for a long lasting relationship. Your participation is wishful for us, expecting your co-operation as ever and assure our best services.
I have also booked an apartment in Sisirkunj. For past few months I am not getting any update from the builder. Have you got any response from the builder as yet?
By the way, I have heard that the building will be completed by the end of 2010.
my son also booked a falt at sisirkunja swarnarag, only 1st inst has been paid by taking loan from HDFC. I also boubt their integrity. they also told me that it will be completed by dec 2010 in reply to my email in august'09.I visited the site this month. your construction is some what in progress but the project of my son's site is at earth level. hope for the best.
I feel Bengal Shelters are doing a good job.I had booked a flat only last year and till date I have paid upto 4th Instalment. My Flat is almost ready.Bengal Shelters have been very flexible about instalments payment also.I apprciate their working in veiw of the Labour climate of West Bengal.
Hi All Sisirkunj Flat Owners,
I wish to invite you to register in http://www.commonfloor.com/
There is a community for Sisirkunj flat owners. You may find the site useful to share your views/concerns.
I've also booked a flat in sisirkunja. I visited the site just a week ago and found that the construction is still in progress. Some under ground drainage system is going on and they are still facing issues with electricity and saying to handover the property based on generator services. But they didn't yet committed on delivering the property in any due date. Do anyone having any updates? It might be helpful to speed up things if we can get together to them and ask their committment on the exact deadline.
It is a funny concept that they will not compensate because they have not executed a sale agreement. All joint venture property developers issue allotment letters instead of executing sale agreements, as a part of the co is owned by the state government. They should compensate in terms of the conditions of the allotment letter. Is Bengal Shelter violating the conditions of the allotment letters on behalf of the state government. Will anybody in the State Government explain?
The State Government should intervene and look after the complaint with utmost priority because we the Sisir Kunja buyers invested money in the Project having seen the name of WB Housing Board tagged with the Developers' name.
The Govt can not evade its responsibility in this regard.
I couldnt understand how a builder like BENGAL SHELTER is so irresponsible and reluctent to give possission to the flat owners of SISIRKUNJA after lapsation of several months.The flat owners paid almost 90 percent of the flat value and till date they are in dilema to know the handing over date and completion date.BENGAL SHELTER not even updated the status of individual flat into the site nor any communication to the individuals.How far this this stagnation will continue nobody knows.People already booked flats are paying emi and it creates a lot of burden to those like me .My request to the sufferer to form a body and take action against the builder in court of law without further delay.
I am residing at Sisirkunja for last 3 months and the condition is horrible inside.We still do not have the road, steet lights etc.Also the lifts they have installed are faulty and ther eare very less chances that they will get replaced.The construction is going on very slowly pace and if they do not expedite then it may take another 1.5 years atleast to complete the entire project.
Bengal Shelter's progress is very slow. I visited the site, the work is so slow and only God can tell when the project will be completed. Labour problem etc. are lame excuse. They should take intiative to complete the task as early as possible. Their update in the website is also poor. They should update it every two months interval.
This year Durga Puja will be held in the complex with small number of residents and Bengal Shelter offered to pay the lumpsump of the Puja Cost.Do not know what is the motive for their large contribution for this Durga Puja but certainly they have some long term intention which may not turn good for all of us.Since there are very few progress with this complex so everyone should start protesting it and should force Bengal Shelter to complete the project fast rather than paying money for this Puja.
They must compensate for such delay. They did similar things for an upcoming project - Anandadhara, where they have collected 15% payment in pre-launch however did not provided any update to its subscriber.
There has been a procession notice given by Corporation bank in Telegraph on 01st Oct 2011. The Builder has taken loan of about 25 Crore or so and has defaulted. The Bank has given the procession notice for the project. Seems, the buyers in this project are in deep problem.
We booked a 3BHK flat in Bengal Shelter's Teen Kanya project back in 2007 and have paid 80% toward it to them already. They had promised that the flat will be delivered in 2010, but still in 2012 it is not ready. Bengal Shelter's management and marketing team should be sent to jail for duping people if they don't deliver by the end of this year. I have never dealt with such a crooked business before. Government of West Bengal should interfere and ensure that people are not harassed on false promises like this. Ms. Mamata Banerjee, please do something to ensure these crooks get what they deserve.