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[Resolved]  Raghunath Associates — Purchase of Flat

Dear Sir / Madam,

I have booked a 2 BHK with Raghunath Associates (developer), Ambernath in building named "Himalaya" on 06th Feb 2008 with a inital booking of Rs. 51000/- by cheque. At the time of booking builder had given a verbal commitment that the building would be ready in one years time. Accordingly i completed all registration formalities and home loans formalities from my side. As far as payments were concerned, we made our full efforts and gave it on time as per the payment slabs provided by Radhunath Asscoitates.

Then too post one year, they couldn't complete building work even 75%. When we checked with Mr. Hitesh Shah (Project Incharge of Himalaya building for Raghnath assciates in Navre Nagar, Ambernath) about the flat possession he assuared us that it will be given to us by end of June 2009 or mid July 2009.

After following up with him in June end (by this time building work was just 85% finished), he started giving us different dates i.e. in August end , September 2009, November 2009. I would like to highlight that these are all verbal comitments given to us by Mr. Hitesh Shah. The date of completion and the date of possession of the flat is not mentioned in the agreement.

Today, I am writing this complaint in the month of December 2009, Still we have not got the possession of my flat which was suppose to be in the month of Feb 2009 (reason provided by developer is that he has not received completion certificate from Municipality, hence can not give final disbursement letter). Without final disbursement letter i can not ask balance money from bank which will be paid to developer.

Here the point is, developer is asking money from my personal account, so that he can permit us to stay in flat (currently we are staying in BMC flat which we will have to vacate by 31 Dec 2009 due to retirement of my father). Developer is not even ready to pay me rental charges if i stay in rented house till possession of flat.

My complaint here is that developer is giving us wrong dates and misleading information for completion and not fulfilling the same, due to this delay i am still paying PMI which has amounted to Rs. 75000/- if builder is not paying me rental charges i will have to bear cost of rent also as we will have to vacant current flat of BMC.

This is increasing financial burden on me and i feel like cheated as the building which was supposed to complete one year before but the same is still not completed and developer is still giving us fake committments. He ceated us by given wrong/fake commitment, so that we will book the flat.

We must get compensation from Raghunath Associates either in two ways as below:
1) Make our stay arrangements on their own cost till they don't give us flat possession or we will stay in rented flat, make the deposit + rent peayments.
2) Compensate us with Rs. 350000, due to delay which lead to too much of stress on me and my familly and cheating us in by giving fake committments.

Please help us how we can deal with this situation. I look forwrad your prompt and positive action on the above matter.

Amit Gaikwad (Currently staying in Mulund till 30 Dec 2009)
Complaint marked as Resolved Aug 14, 2020
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