No Status update from the Construction Company after taking 70% of the cost of the flat
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.