| Address: Agra, Uttar Pradesh |
TO,
Respected Sirs,
The applicant named below craves for leave to bring certain facts to your king notice against a builder-developer Company 'Unitech Limited' having its office at sector 96, Express Way, Noida (U.P.) who has cheated and defrauded the applicant by not timely delivering him the flat booked at its hosing scheme despite regular and timely payment and even failed to respond to the various calls of applicant mad in this behalf. Your intervention and help is solicited is this matter so that the applicant may able to seek justice as he is being made to run from pillar to post to secure possession and obtain indenture of sale from the said builder. The facts are these:-
1. The one builder Company 'Unitech Limited' at UGCC Pavillion, Sector -96, Express Way, Noida (U.P.) floated a group housing Scheme called 'Unitech cascades' at Plot No.8, Sector P.II Greater Noida, U.P. and allotted to the applicant one apartment bearing No.1702 in Tower No.6 XVIIth floor with floor area of 3110 Sq. Feet vide letter of allotment dated[protected] for total sale price of Rs.7926924/-
2. That at the time of registration a sun of Rs. 8, 14, 110/- were paid by the applicant as initial amount and balance amount was to be paid in installment as per ANNEXURE "A" enclosed with allotment booklet and the allpicant regularly and timely paid the said installments towards cost of his said flat and also fully adhered to the terms of allotment as contained in allotment booklet and fulfilled all requisite condition and even deposited balance 5% of the amount towards cost of flat that was payable on the date of possession The possession of the flat was proposed to be delivered to the applicant- allottee by[protected] by said builder-Company.
3. That said Company however failed to deliver possession of the said flat to the applicant by[protected] despite full payment made towards cost of it by him and the applicant however was served with a notice dated 8-2-2011 whereby the said Company proposed to deliver possession of said falt and to execute conveyance deed of said flat but on personal contact by the applicant concerned official of said Company without divulging any reason expressed their inability to hand over possession of the said flat to the applicant in pursuance of said letter. The above letter dated 8-2-2011 was followed by yet another letter dated 8-3-2011 regarding possession but it could not be delivered to the applicant until now.
4. That however vide letter dated[protected] the applicant was apprised by said said Builder-Company that delivery of possession of the flat is being delayed due to farmers' agitation and like owing to which finishing and other related works could not be resumed and completed and assured him that the Company would abide by its commitment as contained in Clause 4(c) (ii) of booking Booklet and shall reimburse the applicant for delay caused in delivery of possession of said flat.
5. That the applicant since then has been making repeated calls and request to the said Company and its officials and has made various visits to the Company, s office to seek delivery of possession but no convincing reply is being given to him for the inordinate delay that is being coused not only delivery of possession of said flat but also in execution of conveyance deed in his favour while there is no fault or default on the part of applicant.
6. That the applicant had booked the said flat of said Company with legitimate expectation to obtain timely delivery of it and considering the Company, s reputation in real Estate but the applicant, s expectation have shattered. Had this flat delivered to the applicant well in time without inordinate delay, he would have utilized it for its more beneficial enjoyment and would have earned money enormously but for company, s default. This is not only a deficiency of service on the part of said Company but also constitutes as illegal and unfair trade practice holding is liable for damages.
7. That the applicant with intent to settle himself and his children in Noida to pursue their education and further studies had booked the said flat and to raise fund for its sale price had also obtained heavy loan from bank and he has been subjected to payment of heavy EMI with high rate of interest for repayment of said loan The applicant is in great stress and trauma as neither has been successful in getting his flat from said builder uptil now nor has been able to liquid ate his loan liability.
In the backdrop of above facts your honour are earnestly requested to please intervene in this matter and to take remedial measures against said builder 'Unitech Limited' to help obtain the flat and its deed of sale by him.
Thanking you Your faithfully
Date[protected]ABHINAV JAIN)
At 21/101 Eastern
Gate, Tajmahal,
Tajganj, AGRa
Mob:- [protected]
Unitech has filed a petition with CLB for Delaying FD payments to all FD holders.
As this Section 74(2) of Companies Act allows the FD holders to object against this
petiotion every FD holder must file an objection with CLB, New Delhi Bench
Paryavaran Bhawan, B-Block, 3rd Floor,
C.G.O. Complex, Lodhi Road, New Delhi – 110 003.
They must object for Unitech to be allowed to delay the repayment. Unitech showed profits
in their results and is making payments to other lenders such as Banks etc.
As FD holders are individuals they want to take them for ride.
You may contact me at [protected] for any assistance. I am also filing objection. Please
file the same with details of your FD and ask for immediate payment.