| Address: | Gurgaon, Haryana, 122015 |
| Website: | www.bptp.com |
A flat buyer agreement for purchase of flat having a super area of 1677 sq. Ft was entered into in july 2007 regarding flat in bptp, princess park project, sector 86, faridabad, haryana. The flat was to be offered for possession within 3 years plus a grace period of 180 days, failing which the company was liable to pay penality for delayed delivery @ rs 5 per sq ft per month for delayed period. The period for possession as per the agreement expired in december 2011. The amount of rs 31.72 lacs already called by company had been paid in time as per schedule of payments.
The company sent a letter of offer of possession dt 7.1.2013 and claimed that, though the actual super area of constructed flat is 1910 sq. Ft., which will, be considered for all purposes, but the company will be charging cost of flat for an area of 1845 sq. Ft. As compared to agreed sold area of 1677 sq. Ft. The company sent a statement of account cum invoice for payment for extra area and payment of other amounts under varios heads and directed the payments and other documents mentioned in letter of offer of possession to be deposited by 7.2.2013, failing which 15% interest on amount due will be charged and penality of rs 5 sq. Ft. Per month as holding charges will be charged and possession will be deemed to be handed over in feburary 2013 and maintenace charges @ rs.4000 per month will be liable to be paid from 7.2.2013, failing which, maintenance charges will carry interest @ 18% p. A.
On raising query from the executives of the company no satisfactory reply was given and it was advised that balance payments and desired documents be submitted within time to avoid penalities /interest and to become eligible for possession of flat. Under compulsion the required documents and extra money for about extra 168 sq. Ft. Area along with balance payment under different heads and documents were submitted on 7.2.2013. The documents for conveyence deed were also signed and stamp duty charges were paid with other payments on 7.2.2013. However the company got the flat registered in office of registrar in september 2013 and gave actual physical possession of flat in december 2013.In view of above our grevience is that-
1/ now for various months the company is being asked to refund the amount taken for extra area of 168 sq. Ft. As there is no proof /document that the area of the flat is same as claimed by company.
2/ the company is being asked to pay penality for delayed possession for 35 months delay at the rate mentioned in the flat buyer agreement which is rs. 5/ per sq. Ft. Per month.
3/ the payment of interest on cost of rs.31.72 lacs already paid for delayed period of possession is also required to be paid by company
4/ the company is being asked to pay interest on the above claimed amounts @15% p. A.
5/ the company has floated another company bpms at the same regd. Office address for charging maintenance, which has taken rs 95500/ as advance security for maintenance and is being asked to pay interest on said amount as, the said company is charging interest @ 18% p. A. For delayed payment of maintenance.
However the company is refusing to pay back amounts and interest claimed from it under various heads as mentioned above on the ground that at the time of submission of documents, the company has taken an idemnity cum undertaking from us that, we/buyer will not make any claim against the company under any head. It is stated that the said undertaking has been taken fraudulently as a precondition from us / buyer along with payments and other documents, to become eligible to take the possession of the flat and thus cannot override the terms of original buyer agreement, as if we had not given that undertaking, we would not have become eligible for possession of flat and would have been made liable for 15% interest on delayed payment and holding and maintenance charges without getting the possession of the flat.
The company is not acting fairly and is adopting unfair practice to deny the amounts to us and thus proper action be initiated against company and the company be directed to refund the above amounts with intetest etc.
Rajiv mehta, customer code no. 141412
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