Unitech Group — failure to deliver flat no. 1104, tower 2, harmony (ha0155) in kolkata - total delay in delivery by over 8.5 years

Address:

Keshav Tandan, (Mob # 9748770136) c/o Mr Gopal Tandan, Binoy Bhawan, 8th Floor, 27B, Camac Street, Kolkata - 700016., Kolkata, West Bengal, 700016

This is regarding flat purchased by me, keshav tandan from unitech group, details of which are as under:

Unit no 1104 on floor 11 in tower 2 at uniworld city – harmony, kolkata booked in the name of keshav tandan, and subsequently entered into an agreement to sale dated 26th december, 2007 with bengal unitech universal infrastructure pvt ltd. The flat was booked via application dated 20th december, 2007 and an initial booking amount of rs 491, 875/-. The net price of the property as per the agreement was rs 56, 02, 070 which includes the club membership and parking charges of rs 100, 000 and rs 300, 000 respectively (Hereinafter referred to as the ‘property’).

As per the above mentioned agreement the payment schedule was initially time linked and the entire payment was supposed to be made in 17 installments (Excluding the first booking amount) starting from 15th march, 2008 till the final instalment on notice of possession. As per the agreements the possession date was 31st march, 2011 (It may be noted here that i have not been offered possession of the property till date and neither is there is any clear and genuine communication from from the developer regarding the delivery). As per the agreement i had already made total payments (All installments on time as per schedule contained in the agreement) of rs. 22, 63, 436/- (Payment made up to 6th instalment)

However, on realising that there was little or no progress in the development of the harmony project within the uniworld city complex, i confronted the company officials at their then corporate office in 22, camac street in june / july, 2009. Accordingly, after much deliberations and renewed assurances of delivery by march 31, 2012, my payment plan was converted to construction linked payment plan.

Please note that i have had countless discussions with mr. Eken bose and mr. Sudip chakraborty from unitech group, kolkata but till now i have not got any resolution and communication regarding my grievance and possession of my flat. A chronology of events to the best of my recollection / as can be determined through various written emails and communications is provided herewith as annexure i for your kind perusal.

As is clear from the attached annexure that i have tried my best to come to an amicable solution to the issue at every step, however, there has never been any concrete effort from the company to resolve this serious and grave injustice that has been meted out to me.in spite of my patience wth the company and having given many opportunities to resolve the matter, i am pained to convey my deep anguish at this mental harassment which has left me completely exhausted.in spite of my patience, i now feel in hindsight that i have been taken advantage of and have been thoroughly cheated. It has also come to my knowledge that a large no. Of other purchasers at harmony (And other purchasers in the larger 100 acre uniword city complex) have been provided alternative arrangements / compensation in the past.

Accordingly, i am left with no option but to file this complaint to recover my hard earned money.

Annexure i
Below given are the some of the events which i would like to bring to your notice :

1. There were several discussions when the company repeatedly failed on its commitments to deliver a constructed unit in terms of the agreement executed between the company and the buyer between 2010 and 2016.in each of these communications we were repeatedly assured that even though the company was going through some hardship, the flats would be delivered.

2. Finally, after the company repeatedly did not deliver on the promises made, my friend, mr gaurav saluja (Who incidently had also booked a unit in the same tower / project) and i, visited the construction site physically in may’2016 to take stock of the progress but sadly were shocked to find no progress at all in the tower wherein our flats had been booked. We also met mr. Eken bose / mr. Sudip chakraborty of your company and requested them to immediately swap our respective property with some other flat / unit which is readily available in finished state or which would be about to be completed soon in a short span of time. He asked us to email regarding the same which we duly sent out on 3rd june’2016. Mr bose replied that there was no readily available flats but he could provide us with a swap option with a possession time frame of 24 months. After a lot of deliberation and exchange of mails on 9th june, 11th june, 14th june, 18th june, 20th june we were finally communicated on on 29th june that we had two options from which we could choose. One was to swap the flats with similar sized flat in tower 05, harmony (Which we were told would take further two years for completion) and other smaller apartments in fresco phase in tower 03 (Again with a possession time of 24 months). Apart from these there were no other options available at that point of time.

3. We visited the site on 23rd july, 2016 and discussed the matter again with mr. Bose. During the visit we had proposed and discussed with yourselves, that if it was difficult for you to provide one flat each to the both o[censored]s, we may consider jointly swapping payments made by both o[censored]s against our respective units with one single flat or even a commercial unit. We were explained that for this we would have to enter into an tripartite agreement with unitech. We received from yourselves (Through mr eken bose) the floor plans of the units available in harmony tower 5 and the commercial downtown projects which we could jointly assess. Mr bose shared the details of the possible harmony options with us and further asked his colleague mr. Sujay das to share the details of the commercial projects with us. Mr. Das shared 3 possible commercial options with us on 30th july, 2016 in block a (Ac block) of downtown retail but the prices that were offered were not in line with the market conditions at the time. The prices that were offered were that of 2016 which we felt was very unethical. We felt we should have been offered the prices that were offered at the time of project launch or similar to those in januray, 2008 when we had booked our flats in unitech harmony project. It was because of the failure and inability of the company to deliver the flats in time that we had to explore the options of a swap with the commercial project. Why should we as a honest buyers be asked to pay rates which correspond to 2016 and thereby cause additional financial loss to us? We kept on following up with mr. Bose and mr. Das for a timely response and resolution between 31st july and 23rd august but we did not receive any definite resolution.in november’2016 after much deliberation we again went to the construction site and saw all the available commercial sites and finally zeroed in a unit and asked sudip to provide us with the best possible rate for the same keeping our entire matter in mind. The pricing and unit details were shared by sujay on 25th january, 2017 after communicating with mr chakraborty on 23rd january, 2017. We had a call with mr. Chakraborty on 4th may, 2017 to finalise the swapping of our existing units with the commercial unit that we had finalized. However, inspite of our best effort to reason with the company to try and bring about a resolution to the situation, the company was unwilling to relent and continued to demand an unrealistically high rate for the swap with the commercial unit. We finally had to finally drop the idea of swap with a commercial unit considering an immediate principal loss of over rs 20, 00, 000/-.

4. We again met mr chakraborty and mr bose on 8th september, 2017 to explore other residential flat options in harmony and other towers for swap purposes. Finally, on 13th september, 2017, having been left with no choice, but still wanting to reach a resolution to the issue amicably, we mutually agreed on swaping our units for a single unit, i. E., unit 103 in tower 5, harmony and accordingly communicated our desire for the same.in due course, mr. Bose emailed us the list of all documents that we needed to provide to enable him for effect the swap. Sometime in august, 2018, both o[censored]s, i. E., gaurav saluja and keshav tandan, sent executed documents as required to mr bose and obtained confirmation from him of the receipt of the documents. We were told that our swap proposal would have to be approved by your financier - jm financials and it would take a couple of months to complete the process.

5. It has been over 1 year since we had sent our documents but we are still to get any response from the company regarding the status of our swap request. We have periodically tried to reach out and even sent reminder email on february 4th ‘2019 and several messages imploring the company's officers involved for a response, but to no avail.