Vatika Group — Delayed possession of flat

Address:

Gurgaon, Haryana, 122001

I was alloted a 2bhk emilia floor in VIN sector 82f in 2009, paying 35% of cost of property, despite of 6 yrs till now has not given possession of it and now telling construction could not happen due to GAIL Pipe line, farmers agitation and HUDA apathy. This is regarding a flat booked to me by vatika group as Offer Of Allotment O[censored]nit In ``Independent Floors’’ At ``Vatika India Next’’For Priority No Emilia/GF/131 allotted on 8/1/2010 (Ref no.5) with colorful layout of a colony in pamphlets, selling like a dream to own a house in NCR which has turned out to be a nightmare to me and 100 sufferers who invested in it, for which I paid 35 % of cost of flat on a short notice, I paid initial installments more than (35%) 952323/- of the flat whose total sale consideration was Rs 26, 95911/- as on booking (Ref no.36 dt 9/11/2012) which they increased later to 29, 91785.09/- (Ref no.37 for so called increased carpet area from earlier committed 781 sq ft (Ref no. 34, 35 ) to 920 sq ft taxes extra, it includes booking amount 248000/- through a broker (Ref no. 1 and 23/10/2009), 293448/- (Ref no.9, 10 dt.20 and 21/01/2011) amount collected on allotment and 410875/- (Ref no. 18, 21, 23 ) on their so called commencement of earthen work at site(Ref no.12 dt. 16/2/2011) with taxes extra till year 2011 (attachments 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 18, 20, 21, 23) to them in their planned housing colony Vatika India Next, Gurgaon which was promised to be completed by end of 2013 habitating big 700 acres of planned township (Ref no 60.) Foremost, the builder changed the earlier allotted sector to me from Emilia, GF, Plot 34 Sector 83e-15 (Ref no.8) to 15/GF/ST 82F-14 in Sector 82F (Ref no34, 35 as addendum to tripartite agreement and Ref no. 39 in amendatory tripartite agreement, mentioned by HDFC Ltd reason quoted being ``for unavoidable reasons’’) on the pretext due to alteration in sector layout told on telephone. Then demanded excess payment on the pretext of increased carpet area from 780 to 920 sq ft of the flat (letter dt 11 jul 2013 Ref no.32 ) which I agreed to, since after having paid booking amount and allotment money Rs. 541448/- (Ref no. No 1, 2, 3, 9, 10) had no option but to pay. After 4 years of so much correspondence builder mentioned that due to farmers agitation, acquisition of sector roads by HUDA and GAIL pipeline of govt (Ref no. 58, 60, 63, 67, 77, 81, 83) no construction could take place in sector 82F and not giving any firm assurance of completion of project which should have happened by end of 2014(Ref no.47 ), Till now actually no construction has taken place even no foundation has been dug in, in the plot allotted to me, for which they took installments in the name of earthen work (Ref no. 17, 18, 23). When this project was launched in 2009 the builder allocated priority numbers to buyers which was 131 (Ref no.8) in my case and I was told that I am part of phase 2 (Ref no.13) of the project which will be finished by end of 2013. After 6 years of booking, I neither see any definite word from this builder nor is there any transparency about these so called priority based possession as to how are they giving and whom are they considering to be given the flats? (Ref no.72, 74). Due to agitation by a few of buyers amongst us the builder has realloted few units to a handful of them to places which are remote from site and yet to develop, without any funding from nationalized banks. But I have not been given any such option, even be given an option it will be turmoil since those places will again have farmer and other Govt. related issues probably will see day of light after 5 years. Recently, I came to know from other buyers that the land in sector 82F or 83E does not belong to Vatika. When asked, no reply came from the builder, whereas on their permission to mortgage (Ref no. 43 ) they have clearly committed that Title of entire property is with them. HDFC Ltd. provided 20 lacs loan to me (Ref no. 24 ) for this flat (God knows how they approved loan?) Buider has submitted permission to mortgage to HDFC (Ref no.43 ), where they have written that ``entire property is free and marketable and they have the title of it ‘’ it clearly implies ????intentions that if the land belonged to them then why did they fail to hand over the units to sufferers like us who had been waiting since 6 years? Reasons could have been either better prices which they got from investors who joined later to us after the appreciation of land there, or they were all the time completing phase 1 from money collected through phase 2 buyers, I always got the same verbatim that, `` the construction is happening in phases and we will inform when next milestone would be launched, ’’(Ref no.45, 47, 48, 49, 58) which never happened till date. The Builder has a devoted team of youngsters as Customer Relation Management (CRM) it is referred to as email id [protected]@vatikagroup.com in all the mails attached as reference 15 onward but instead of helping out the customers like me they act like barriers not allowing sufferers like me to meet their actual bosses (management) who have never till date interacted with me despite of so many queries. . Now whereas our Esteemed Government is working towards housing for all, here is a situation where a citizen has paid hard earned money in a hope to get a flat in city for children education and better life, paying high EMI to HDFC Ltd. and also paying for high interest rate without tax rebate for home loan and suffering the tortuous uncertainties. Every passing day is a kind of forcing me to believe that I have been cheated right under the nose of Haryana and Central government. I have copies of email chain and property documents to show that how the builder has been using delay tactics?