| Address: Game Viillage , Guwahati |
I, Chandrashekhar Khangjrakpam Singh, booked a flat (Tower 2, Flat 8D) in the Shangri-La Towers project, Guwahati on 18th January 2019 for a total price of ₹58, 00, 000. Despite making payments amounting to 95% of the flat's total cost (₹55, 47, 770), the builder has failed to deliver possession.
Key Issues
Unfulfilled Promises on Possession:
As per the Builder-Buyer Agreement dated 18th May 2019, possession was to be provided by 31st December 2020, but the builder has continuously failed to deliver.
The builder made repeated false promises with subsequent possession dates in June 2021, September 2021, December 2021, and March 2022, but each deadline was missed.
Misconduct and False Marketing Claims:
The builder marketed the flats with promises of a Clubhouse with amenities such as a swimming pool, gymnasium, and steam room, but construction of the clubhouse has not started to date.
The builder collected 50% of Club Membership Charges at the time of the agreement but has not made any progress toward constructing these amenities. The sales pitch and the builder's claims are still available on their websites www.shangrilatowers.com and http://shangrilatowers.site, as seen in their historical archives.
Violation of Court Orders:
I filed a complaint with RERA Assam on 28th March 2022 (Case No.: RERA/ASSAM/COM/2022/07), which directed the builder to pay compensation for the delay.
The builder disobeyed this RERA order, and I later filed an appeal with REAT Assam (Case No.: REAT/ASSAM/APPEAL NO. 16 of 2023), where the court ordered that compensation must be paid for the delay from 1st October 2022 onwards, but the builder has still refused to comply.
Criminal Breach of Trust and Misappropriation of Funds:
The builder collected 95% of the total cost of the flat but failed to complete construction or provide possession.
Funds collected from buyers like me were misused, and there is no accountability on how this money was utilized, especially since a site visit by the bank revealed that the construction is incomplete.
Mental Harassment and Emotional Distress:
I am paying monthly EMIs on a home loan from Federal Bank, Beltola Branch, Guwahati, but I cannot occupy the flat due to the builder's failures.
The repeated false assurances and failure to adhere to possession timelines have caused mental harassment, emotional distress, and health issues for me.
Relief Sought
Immediate Possession of my flat (Tower 2, Flat 8D) in Shangri-La Towers with complete essential services like electricity, water supply, Completion Certificate (CC), and Occupation Certificate (OC).
Penalty and Compensation for the delayed possession as ordered by RERA and REAT Assam, along with interest on the delayed possession.
Reimbursement of EMI Payments I have made so far since I am not able to use the property.
Legal Action against Simplex Infrastructure Ltd. for breach of trust, misappropriation of funds, and violation of RERA and REAT orders.
Attachments / Evidence Provided
Builder-Buyer Agreement (dated 18th May 2019)
Copy of RERA Order (Order dated 02.08.2023)
Copy of REAT Order (Order dated 29.01.2024)
Payment Receipts of ₹55, 47, 770 (95% of the total cost)
Bank Loan Statement from Federal Bank
Medical Reports related to mental harassment and health issues caused by the builder's misconduct
Complainant Details:
Name: Chandrashekhar Khangjrakpam Singh
Flat: 8D, Tower-2, Shangri-La Towers, Games Village, Guwahati-781029
Phone: +[protected]
Email: [protected]@i-apaconline.com
This complaint highlights the ongoing financial, emotional, and mental harassment I have been subjected to due to the misdeeds of Simplex Infrastructure Ltd. I request the consumer protection forum to take appropriate action against the builder and help me receive justice.
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