I have booked a flat in Orchid Petals, Sohna Road Gurgaon. They had promised delivery in 2008. However, they have not delivered as on date. Going by the speed of construction, They will not be able to deliver at least in the next 6 months. The first phase of delivery that they were supposed to deliver 18 months ago is being delivered now.
In the process they have given possession letter to first phase customers where they have asked for additional money by giving reason that their super area has been increased. This without telling them in advance.
Every time they are coming up with new conditions that are taking the customers for a ride.
The law is in their favor. What can we do? Do we have any option? Or do we keep taking the atrocities
the builder is inflicting on us?
I agree with you, We have also booked and as per agreement possession date it is July 2009, but they are saying that possession will be done after December 2009. There is a penalty clause @ 5/- per sq feet, but i don't know whether they will pay or not. I have taken flat on loan and no way it can compensate the interest loss by penalty.
Its wait and watch. We can create a Orchid flat owners forum and may be some voice can be raised together.
I agree. There are many unjustified actions done by builder
The area is arbitarily increased for all flats. There are no proofs being offered for increase.
The builder is offreing the possation without occupation certificate.Even registry is not being done.
Builder is charging huge maintainance fee.
I have received possession letter from builder asking for more money prior to inspection of flat.
Even though ORCHID is giving 1 year delayed possession, builder is denying penalty (Agreement had clause 5Rs /sq ft) stating approvals delayed by goverment and saying builder not liable for penalty.
I do agree. Even I have received possession letter dated 1st Jul. Builder has requested for final installment with increased super area cost. My allotment is in Tower 18 and by looking at the current condition of construction it is no way near its completion. Construnction is already delayed by 16 months. I am looking forward to meet a lawyer to discuss the matter and I'll stay in touch with you all.
The problem cited by you above has been faced by me as well, but this is definitely redressable, and fortunately (for all of us) provided for in law as well.
I currently posses a falt in Tower - 4 of the Orchid Petals Society for which the possession was to be delivered in May'2008 (+3 months grace period) but received the Letter of Possession only in Feb' 2009.
I contacted my Advocate Nitin Kumar Gupta (Supreme Court) who issued them a 'Legal Notice' yesterday itself, for demanding the Compensation on account of Delay in possession and Mental Harassment caused, alongwith interest. In the said Notice we have also apprised them of the current legal position, along with cases wherein the National Commission odr Consumers has asked the Infrastructure developers (renowned) to pay compensation on account of delay in giving possession.
The Law also seems to be strongly in our favour and in case they do not agree to us we also intend to file a case in consumer court, since these people who have denied us of our rightful money, would not understand like this.
So in case we take a co-ordinated action the results can definitely be obtained.
There is need for only one concerted legal notice to the developer. I am quite keen to join Mr Bansal.
We all have the same problem but may feel differently towards how to approach it.
If there are people amongst us who are willing to take the fight to the developer then we should atleast support them as we will then all gain.
I also have the same issue.
I booked a flat in Apr 2005 but still haven't got the posession or any information about it. Its already delayed by 16 months.
We should stand together and fight for the unjustice they are doing.
At least we should get the penalty paid.
Instead of giving compensation for delay in posession builder is asking for an additional amount because of increase in super build area. I couldn't understand how the area can be increased because the space of the township (36 acres or what so ever) & flat remains the same.
We must fight together with the builder if we need justice.
I have received the posession letter couple of days back. They are asking to pay the additional amount (around Rs 1.9 lacs) for the increased area ( along with other charges like club membership etc) within 30 days. And there is no mention of the penalty
When I asked the builder for paying the penalty, they are saying "some Government certificate got delayed like OC and other service clearance that comes from other govt. Auth. got delayed. So if anything beyond builder control get delayed in that case penalty will not be applicable"
I'm planning to approach a lawyer who can file formal case against the builder.
Anyone interested to come with me please let me know.
1)I fully agree with whatever has been written.
2)Ordhid is a fully unprofessional and "lala" type organisation.
3) They have zilsch level of customer care
4) I called up the office to complaint as to why the flat was not handed over and they gave me a name of some Manav to call
5) He does not respond to calls
6) The person to whom I spoke, told me that in case you are not satisfied, no worry some body else will buy the flat!
7) I have decided to go to the consumer forum on the fact that no compensation has been offered for the inordinate delay in handing over the flat.
8) Is there a forum where we can all join..
Well the attitude of Orchid Petals Admin dept is really unprofessional and the same is absolutely unacceptable. I've now filed a case against them for claiming penalty, which they are bound to pay. Taking a consolidated action would strengthen our stand.
i repurchased a 4+1 flat in petal. but so far no possession activited seems to be there. god knows when that day will come. More over it has come to notice that quality of work done by devp is too below standard.The staff on site is also creating probs --for resitents there who hv shifted there in 1st/2nd phaseof flats.--------- r k ahuja mob no 9873079789
i want to inform all shifted resident and those who r likely to shift in petal project to pursue the management for layiny of PNG net work in the premises. & consult GIL authority in this regard.It will be a nice to install d pipe lines at this initial stage and ------avoid inconvience at fully occupied stage-------r.k.ahuja
it all started in 2008, i m having a flat in orchid petals i paid them first four installment as per there letter on the fifth instalment due to some big mishappening i was unable to pay the fifth instalment on time and after 15 days i send them the medical and death certifiate of my relative with the cheque against the installment due to the sudden death of my grandfather i was unable to concentrate on their letter and when i revert back to them after 15 days of the due date with out any prior notice they just cancelled my alloted flat and send back the cheque aginst all my instalment but i send the cheque back and we filed a suit against them but seems like nothing is working. but few days back i received a possesion letter with the documents of maintenance agreement that belongs to some one else. When i called orchid office they gave me contact no. of RAKESH VERMA and he told me to just return the papers of that party and take yours from us. When i reached their ofice they told me to return the papers and take my papers next day so next day when i called this bastard Rakesh Verma he didnot pick up the phone for the next 2 days then i called at their office to connect me to him but he didnot take my call and then a lady in their told me that she talked to that Rakesh and he said that i m not alloted any flat till now. I think this company is nothing but just a fraud. They are not lala type but they are gunda type company which will go in gutter very soon.