Super Realtech Pvt. Ltd — Compensation for late possession & undue demand by builder


No. Flat C-403/Court/ 01 Date:[protected]

Ghaziabad District Consumer Disputes Redressal Forum
The President
Room No. 202 Collectorate Campus Raj Nagar
Uttar Pradesh
Tel :[protected]
Subject: Compensation of Rs. 10, 00, 000/- (Ten Lacs) for delayed Possession and mental & physical agony caused by builder & Extra-ordinary Demand for my booked Application No. 017, Flat flat No. C[protected] Sq. ft) in OxyHomez (Project) from Super Realtech Pvt. Ltd, 4, Savita Vihar, Main Road, Delhi – 110092, Ph.No. –[protected], [protected],

Dear Sir,
I have purchased said flat No. from Super Realtech Pvt. Ltd. The possession of Flat was to be given latest by 31st December 2013 as per agreement & public declaration in prospectus. But it is still awaited. I have following grievances and complaint for compensation.
1. Penalty for Late Possession:
Builder says, “Builder will pay only Rs. 5/- per square feet per month to the apartment owner if the owner’s have paid his demand in time. If buyer is making late payment, he is not entitled to claim late penalty amount from the Builder but he (Builder) will charge 18% ROI from the buyer for late payment”. What is basis of it ?
I was expecting possession in time[protected] and planned accordingly for my future. I am leaving in house of which rental value 25000/- per month. Thus I am paying EMI and rent both. Due to these extra financial burden my family is being ruined.
Now, I am feeling being trapped. I have invested all my life savings for buying this house and delay in delivery along with poor services from builder’s side is giving me lot of mental agony & stress on daily basis and it’s keeping me engrossed all the time. Due to his negligence I have suffered a lot in terms of quantity and quality of my life. I am losing my trust on the company. Kindly let me know how the builder will compensate against my physical and mental stress which I am going through and how you will bring back the trust and happiness?

(Agreement Copy & Prospectus attached), recent judgment of Honorable National Commission ‘NCDRC’ penalizing UNITECH? Delhi Trial Court verdict of Dalmia Cement (compensation of 9 Lacs for delay possession) and others…
2. Extra & before time Demand:
I already have paid 90% of demand. I have to pay next 5% from date actual possession and next 5% at the time of actual possession but Builder has not legally confirmed the date of actual possession and asked for 95% demand through SMS. To pay this 90% demand I have asked builder to provide me supporting documents (Camera Date printed /engraved Photos of construction) of construction but they fail to do so even they don’t allow visiting the sites. Some of the allottees visited the site but they don’t permit to go to see progress of construction.(Email copy of complaint attached) . They demand money before actual construction. Builder has been making demand according to his schedules without showing actual condition of project for the last 05 years while it is to be completed in 03 years. They are also making undue amount at the time of possession without my consent. Builder is providing temporary fit possession letter to other owners in the same project without occupancy certificates while It is illegal to take possession without completion in every respect.

(Email copy of complaint by other owners are attached)
3. Uncertified & unverified Material used for construction:
We have been asking to provide us the list of BOM (Bill of material used), suppliers’ name, certifying agencies, architectures and Original time and date wise photos of progress of construction but they fail to do so.
(Complaints made by owners attached)
4. False Promise of actual delivery date :
Builder is making false promise to deliver the Flat in November’2015 without having all necessary certificates from relevant authorities (GDA, Municipal, Architects etc..)
5. Cheating in Adjustment of price in lieu of dealer commission:
I have booked my flat through Dealer. My application was placed in inappropriate box in lottery system. Due to unavailability of flat of my choice I requested to refund my paid amount but builder promised me to reduce the price of my flat equivalent to dealer commission (6%) if dealer gives NOC (No objection certificate from Dealer ) but it is not being given so far.
(NOC from dealer attached)
6. Cheating in carpet area loading:
Super cover area is 1350 Sq. Feet. Builder is overloaded 40-45 % . What is legality of this over loading? Price of Flat will be lesser than demanded price. Please clear my carpet (boundry area) and actual cost of my Flat.
(RTI Copy attached)
7. Complete finishing & fittings in Flat with LED TV.
As per promise and announcement by the builder at the time of allotment of Flats, all first 100 applicants will be provided complete fittings like electricity connection charges, gas connections charges, complete bath room & Kitchen fittings etc and a LED TV free of cost. My application No is 17. So it falls under this category. Hence such amenities should be provided by him. They should not be charged extra.
(Video recording of announcement from builder and prima-facie evidence)
8. Complaint to CREDAI for justice:
Builder says, “He is not bound to give reply to CREDAI as he is not a member of CREDAI.” But at his website it shows he is member of CREDAI.
9. Complain in National Consumer forum: Complain Made for compensation.

Sir, We have lost faith in Builder’s mission & vision “FAITH” i.e. F-Fairness, A-Assurance of
Affordability, I - Innovations, T-Trustworthiness, H-Happiness.
Sir, I request you to take urgent and necessary actions against the builder by paying compensation Rs. 10, 00, 000/- and provide me justice and safeguards for the above said points . (i) compensation for Delay (ii) Reduction in cost (iii) Full & Final date of possession with all occupancy certificates & approval for registry with GDA (iv) Proof of quality material used (v) Date wise Photos of progress of construction (vi) disclosure of carpet area provided and final reduced cost (vii) No extra charges for basic amenities (viii) No further demand till above issues are settled
With Regards,
(Sanjay Kumar)

B-86/S1, Shalimar Garden -2,
Sahibabd, Ghaziabad (UP)-201005
Mob: [protected]
Email: [protected]

Oxyhomez application No. 017, Flat No.C-403

C/C : CREDAI/ Consumer Protection court (District, National)
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