[Resolved]  Narayan Construction Company — NO ACTION ON POSSESSION OF SOCIETY

Address:

Gujarat

I booked TWO one room kitchen Block No.163 and 164, for Rs.2.75 lac + Rs.15,000/- towards Development charge each, aggregating to Rs.5,80,000/-, with Narayan Construction Co, Por, formerly Mataji Developers, Govind Park, B/h Desai Park, At & PO: Por, Dist.Vadodara, on 5th May of 2009 by paying Rs.5000/- vide Cheque No.241099 of AXIS Bank, Race Course Circle, Vadodara.

Thereafter due to the unknown reasons, the organizer stopped the work and contacted me in June, 2010 with the trust and assurance of giving the possession - within SIX months in view of SLAB LEVEL completion, of the said property and demanded for Rs.1,00,000/-. Accordingly I paid the same vide Cheque No.900534 dt 20.7.10. But the promise went in vain.

Again in May, 2011 they approached me with the trust and assurance of giving the possession - within SIX months and demanded for Rs.4,00,000/-. Accordingly I paid Rs.3,80,000/- against BANAKHAT and CONSTRUCTION AGREEMENT both dated 17/3/11 with Regd. No.9566 and 9567 respectively. (In both these document the typed date is 17.3.10). Thus, I have paid them total Rs.4.85 lac (83% of the total cost).

Till 14.05.13, they have given me number of false assurance of giving possession within 2-4 months.

The slab of this society is built sometimes before July, 2010 (as of today almost 3 years old) and now it might have been weakened without any maintenance.

Similarly the specification given while booking is not maintained.

5,000/- AXIS Bank Cheque No.241099 dt 5.5.2009
1,00,000/- SBI Cheque No.900534 dt 20.7.10
1,00,000/- cash on 15.5.11
1,00,000/- SBI Cheque No.302392 dt 15.5.11
1,80,000/- SBI Cheque No.302396 dt 30.6.11

I have already sent them the above letter to their Office address:
Narayan Construction, C-59, Shantikunj Society No.2, Majalpur, Vadodara by regd post on 2.4.13, received by them on 4.4.13 requesting them to give possession in accordance the latest promise and assurance given on 20.3.13 to give possession within two months, but nothing is fruitful till as of 28.6.13.

Over and above, the price of this tenement is increased to almost total Rs.22 lac and I want to resell the same as I have already booked new two room kitchen in October, 2013 at Vadodara worth Rs.24.75 lac (+ 2.25 lac) and I do not have enough money to pay to this builder.

I shall be highly obliged if you kindly help me out from my cumbersome mental tension for paying to the new builder.








Request to order to:

1. give assurance to maintain breakage and leakage of walls and slab etc. for 5 years or so after complete possession in view of the building construction done earlier.
2. give reimbursement towards consistent mantle tension appropriately. And also give reimbursement as deemed fit per day for the delayed possession w.e.f. AUGUST, 2013 if the possession is not handed over latest by JULY, 2013.

Reasons:

1. I tried to sell this property worth Rs.20.00 lac (the bare minimum price) since last six months but the respondent denies in view of their defamation.
2. I had planned this money to invest in my new house and to develope two duplexes at Karjan in my 1390 sq.ft plot situated at Nilkanth Society, Miyagam Karjan and also to sell both these to invest the receipt in land or old tenement in Baroda.
3. But as I did not get this money, presently I have no income (can be considered as unemployed) to develope or progress further.
4. If they given possession timely, I could also have made two duplexes in these two tenements convincing respondents and gear up my further investment plans.
5. I shall also incur loss on CAPITAL GAIN TAX as I am trying to sell this property no sooner did I get the possession.
6. I had also requested to borrow me Rs.5 lac till the possession is handed over so that I can pay the partial amount to the Builder of the new property purchased. But they have kept silent and I am made to run from pillar to post to find capital with extreme tension. And it seems if the the required capital is not paid to the new Builder, I will have to cancel the booking. The market value of the said property has also risen upward from Rs.27.00 lac to Rs.40.00 lac and its possession is likely to be handed over by December 2013.


Thanks & regards,

Hasmukh Patel
A-6, Rajlaxmi Society
Novino Tarsali Road
Baroda 390010
Mobile [protected]
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Hasmukh Patel
A-6, Rajlaxmi Society
Novino Tarsali Road
Baroda 390010
M) [protected]

29.07.2013
To,
Narayan Construction
C-59, Shantikunj Society
Manjalpur
Baroda

Further to my letter dated 31.3.13 received at your end on 2.4.13, I repeat my humble request to hand over the possession of the Govind Park Society on SOS basis, which was assured to be given within two months during the telecon on 20.3.13. Otherwise if the possession is likely to be delayed further, I humbly request you to borrow Rs.5 lacs (against my requirement of Rs.10 lac) within a week’s time and oblige.

The main reason of my repeated request is just to pay the partial amount to one of the prominent Builder in Baroda towards a tenement booked by me. The rise in market value of the said property is also such that I will have to bear loss of Rs.20 lac, in the event I fail to pay to them shortly.

Moreover, as of today I am suffering from huge loss due to the possession of your society as once the same is received, my planning is to sell them directly or otherwise sell them in the form of duplexes and reinvest the receipt in the development of my plot at Karjan where I can construct two duplexes and then sell.

Therefore, I once again fervently request you to kindly arrange to give the possession of the society in question to enable me to overcome the fatal capital problem faced by me immediately.

Regards,



HASMUKH PATEL


The deed of KARNA should not and also can not be transformed to that of Raavan.