Akme Ballet — Delay and Other Charges Levied - Ballet Flat from Akme Projects ltd
I have purchased flat at Akme ballet from akme Projects ltd in September 2005. Akme Projects Ltd. has taken consumer on ride on the following points:
1.0 The completion date as mentioned in the agreements is June 2007. But we still have not received any call from Akme Projects regarding the first PDI (Pre-Delivery Inspection). I have visited the site office on Sep 23 207 and they told that PDI may happen on mid Oct 2007. Now, they have told me that the flat will be given for occupation by end of Feb 2008. Akme has mentioned the clause that the Ã???Ã??Ã?Â¢??builder shall pay Rs. 2/- per sq feet per month (peanuts as compared to Rs12,000/- which I am paying as a rent) as compensation on delayÃ???Ã??Ã?Â¢?? but with a caveat. The escape clause is Ã???Ã??Ã?Â¢??the delivery of the said apartment is subject to variation on account of force majeure or acts of God or non-availability of steel, cement, other building material, water or electric supply, labor problems or war, civil commotion of any notice, order, rule, notification of the government and bar or other public or competent authority or any disputes or matters relating to the property, pending final determination by the courts or any other authorities or changes in any rules, regulations and bye-laws of the statutory bodies and authorities from time to time then affecting the development and the project or other reasons which are beyond the control of the vendors and developersÃ???Ã??Ã?Â¢??.
As you can see, the builder has cleverly put the clause to escape the penalty.
As of now, we have not received any thing in writing/phone/email about the delay of the project.
2.0 The builder has put the current project Ã???Ã??Ã?Â¢?? Akme BalletÃ???Ã??Ã?Â¢?? as completed in its website:
But the project is still in the construction stage.
3.0 Akme has taken already (during the signing of the agreement) as Rs 1 lakh rupees as a lifetime member ship of the club house and the club is outside the apartment premises. They have made it compulsory for everyone that every owner has to take the membership irrespective of their consent. The club house is located in another layout Ã???Ã??Ã?Â¢??Fern CityÃ???Ã??Ã?Â¢?? and we have to share the same with them. The agreement is heavily loaded in favor of Ã???Ã??Ã?Â¢??Fern DevelopersÃ???Ã??Ã?Â¢?? that we have to forget about our money. Till now, I have not signed the agreement. I have already paid the Rs 1 lakh rupees to them in Oct 2005. I want my money back and for this, I have already send three registered post letters to them that I want my money back. But they have not responded even once to me. It seems that they want to swallow the hard earned money of the consumers.
4.0 Akme Projects Ltd. is asking us to pay service charge. They are neither asking us to pay service tax nor clarifying what is the service charge. Please see the following comments from the finance minister about the service tax:
Ã???Ã??Ã?Â¢??The latest circular released by Finmin excludes developers/builders from collecting service tax from property buyers in the light of the fact that the construction is done by employing direct labor.
On the other hand, if developers had employed the services of a contractor, it is the contractor who will have to pay service tax and not the developer.
The circular is based on the Ã???Ã??Ã?Â¢??comprehensive reviewÃ???Ã??Ã?Â¢?? of all technical issues pertaining to service tax by a special committee headed by T.R. Rustagi, Ex-Chief commissioner, Central Excise. Ã???Ã??Ã?Â¢??
If you require any kind of proof like agreement copies, registered post letters etc. for the verification of the above issues, please let me know.
I have already written many registered post letters to them but they have not responded at all either by phone or email or post.
I request everyone to check all the details and agreement before purchsaing the flats from these greedy developers/builders.
Better is to avoid purchases from these.