[Resolved]  M/s Dharitri Infraventure Pvt. Ltd. — : Indefinite period of delay on part of M/s Dharitri Infraventure Pvt. Ltd. as to the construction of the said premises and as app

Before the Hon’ble Consumer Redressal Forum Commissioner

Hon’ble Respected Sir,

Re: Agreement dated 26th July’ 2018 and 01st October’ 2021 duly notarized before the Notary Public at Bidhannagar, Dist – North 24 Pargana signed between us for the unit booked as per Schedule “B” as described and allotted by you at Tower No.32, Floor: 3rd, Area 1027 Sq.Ft., Flat No.:B along with an Open Car Parking area.

Sub: Indefinite period of delay on part of M/s Dharitri Infraventure Pvt. Ltd. as to the construction of the said premises and as appears of failing the guideline as committed to hand over the said unit and Non – Refund of earnest money” after due compliance of all formalities.

This is in reference to the above and in continuation to the said agreement you will appreciate as under:

1. That previously and you will recall the facts that in the first instance we executed an agreement dated[protected] which was later modified and revised on[protected] mentioning the same terms and conditions herein in the second agreement overriding the dates and schedules. Which we accepted then. Copy attached.

2. That as per the agreement dated 01/10/2019 M/s Dharitri Infraventure Pvt. Ltd. have committed to deliver the committed unit within 36 months from the execution if this agreement (please refer clause 5).

3. That M/s Dharitri Infraventure Pvt. Ltd. have again in the said agreement in order to safe guard their rights have introduced and included provisions (please refer clause 7, sub clause c) where they have to their advantage included a clause that in the event of default of completion of the project within the stipulated time, the will have an added advantage of further extension of the completion time by another 6 months.

4. That the total consideration was fixed between us valuing the said unit at Rs.28, 00, 000/- and an additional amount of Rs.1, 50, 000/- for car parking space (not demarcated) which is yet to be designated.

5. That please understand the fact that being impressed by the reputation and goodwill of M/s Dharitri Infraventure Pvt. Ltd. and considering the past projects I, Debasish Bhattacharyya and my wife Oyndrilla Bhattacharyya immediately made an advance of Rs.6, 15, 000/- including G.S.T vide cheque No.002714, dated 18/07/2018, drawn on Union Bank, which was duly accepted by M/s Dharitri Infraventure Pvt. Ltd. and they have duly issued a receipt No 569, dated 15/07/2018 acknowledging the same. Copy enclosed.

6. That I beg before this Ld Court / Forum to consider the fact that under the present COVID situation I being an individual is left with a remorse situation. As I am the only earning member of the family with two dependents and the COVID phase has hit hard on me. Gradually with my increasing age my financial instability have increased and now I am in a very critical financial position.

7. That I had to account huge medical bills for my wife and son who had been COVID affected destroying my financial ingress.

8. That since the inception of the advance made long back on[protected] three years have passed. And with the passage of time I am age is now becoming a barrier too. My present service and financial position have become very vulnerable.

9. That the advance made to M/s Dharitri Infraventure Pvt. Ltd. were procured from banks and financial institutions which was paid to M/s Dharitri Infraventure Pvt. Ltd. At present neither we are able to return the advance taken nor are we getting any possession of the said flat as promised by M/s Dharitri Infraventure Pvt. Ltd.

10. That please consider my service life which is shortening day by day in turn will make my life more difficult to repay the loan instalments which will be a quantum sum and will be out of my control.

11. That infact banks are now raising their eyebrows over this issue and is asking for refund and withdraw and/or cancellation of our loan proposal.

12. That considering my anxiety you will also appreciate the fact that if the advance amount was kept with us we would have instead earned some interest which could have been consumed for our benefit.

13. Hence with utter anxiety I am lodging this complaint and appeal before this competent authority to adjudicate my current position and financial hazards and instruct the company (M/s Dharitri Infraventure Pvt. Ltd.) for refund of the earnest and/or advance money of Rs.6, 15, 000/- along with interest.

And for this act of kindness your petitioner shall remain ever oblige.

DEBASISH BHATTACHARYYA
Mob - [protected]

DHARITRI INFRAVENTURE PRIVATE LIMITED,

Reg Address - ROOM NO. 603, 6TH FLOOR, MERLIN INFINITE BUILDING DN- 51, SECTOR-V, SALTLAKE CITY, KOLKATA, Parganas North, West Bengal - 700091, IN,

Email - [protected]@yahoo.in, [protected]@dharitri-infra.com, [protected]@gmail.com,

Contact No.[protected], [protected],[protected], [protected],

Additional address as per agreement ROOM NO. 606, 6TH FLOOR, MERLIN INFINITE BUILDING, DN- 51, SECTOR-V, SALT LAKE CITY, KOLKATA, Parganas North, WB 700091, IN

DHARITRI INFRAVENTURE PVT. LTD.
(PAN - AAFCD3234P)
(CIN - U45400WB2014PTC201136)
(HIRA - HIRA/P/NOR/2020/001017, dtd.[protected],
HIRA/P/KOL/2020/000753, dtd.[protected],
HIRA/P/NOR/2019/000344, dtd.[protected]