Dear Sir,
1.Vide agreement dated 19.02. i had booked the said villa for a sum of Rs.2, 39, 00, 000/-
2.That you had to prepare the said villa as per sample villa you had shown to me,
including as per specifications given in para 11 of of said agreement by you with me and the possession of the said complete Villa had to be given by you to me within 2 years from the date of said agreement by me with you.
3. That till date, I have paid to you a huge and substantial payment of Rs.2, 15, 10, 001/- as per your demands.
4. That vide letters dated 14.07.2009 and again on 31.07. you have intimated to me that " The construction work for your (my) aforementioned unit is ". So, you have offered to me possession of said villa on settlement of account.
5. That after the receipt of said letter dated 14.07. I had visited the said unit along with your site office personnel in July December and again today and found (have taken photographs also) many defects, incomplete work and different work from sample villa /specifications at many places in the said unit, besides that the common services to be maintained by you and as detailed in para 17 of the agreement were also not complete e.g.
i) Skirting at many places were broken,
ii) Flooring was unfinished and tiles used in flooring was of interior quality and different from the sample villa,
iii) Glasses at many places were unfinished,
iv) Chaukhats was in taper stage nad was totally not acceptable;
v) Window was broken ;
vi) Stare and wall was unfinished ;
vii) Wall light fitting and tiles were broken;
viii) All the chaukhats were tilted ;
ix) Unfinished walls;
x) undone/unfinished lawn;
xi) unfinished bathroom without fittings;
xii) outer wall stone unfinished ;
xiii) undone / unfinished kitchen;
xiv) unrepairable sippage with foul smell at many places.
6. That as per said agreement, I had to pay to you the balance amount on offer of possession of said unit by you after completion of said unit in all respect. However, till date, you have failed to complete the work in the said unit. Though, you have also found the said defects, but, you have refused to acknowledge the same to me. Further you have also refused to assure to me in writing that you will ractify the said defects to my satisfaction. Further in order to avoid the payment of interest to me on said already received payment of Rs.2, 15, 10, 001/- on account of delayed completion of work and delayed offer to possession and also in order to get the balance payment unlawfully, you offered to me the possession of said villa which is still having said defects, as, for example, stated herein above.
7. As also stated in my earlier legal notices, your aforesaid acts (as also stated in my legal notices) have caused to me great monetary loss and mental pain, agony and harassment, amounting to deficiency in services, which you are always liable to reimburse to me by way of compensation/damages/interest etc.
8. Now in continuation and furtherance of my legal notices, I hereby finally call upon you to please rectify the said defects to my satisfaction within 15 days of receipt of this letter and if the said ratification of defects has to take more time than 15 days, in that case, please me within 15 days of receipt of this letter and in writing that you will rectify the said defects to my satisfaction within the period likly to take in ratification of said defects to my satisfaction. This letter is without any prejudice to my rights and claims as stated in my legal notice, duly acknowledged by you.
Thanking You,
Your Faithfully
(Kanwal Kapoor & Mrs. Nilu kapoor)
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