We had made an agreement with Mr. Ranjay Sengupta, Partner, Aloktika Enterprise, H/10, Saratpally, Midnapore - 721101 for a purchase of flat with bank loan from SBI, IIT Kharagpur Branch at a total cost of Rs. 26.0 Lac. We made two installments totalling Rs. 13.0 Lac through my HBL from SBI during December and February respectively. Meanwhile, we came to know from outsiders that the work has been stopped due to some court case which was not communicated to us by Aloktika Enterprise.
On 08.04. we received a letter through registered post that we have not made the 3rd installment payment and if we don't pay within 15 days from the dae of receiving the letter my agreement will be treated as cancelled. In response I send the following letter on 12.04.2011 through speed post:
"Mr. Ranjay Sengupta, Partner
Aloktika Enterprise
H/10, Saratpally
Midnapore - 721101
Ref: Your letter dated 08.04.2011 (copy attached)
Sub: Disbursement of 3rd installment of loan
Dear Sir,
We had paid you the second installment of Rs. 7, 00, 000/- (rupees seven lakh only) on 24.12.2009 (copy of receipt attached) and received your letter on 15.01.2010 for the release of 3rd installment (copy of letter attached). Accordingly, we advised our bank (SBI, IIT Kharagpur) to release the 3rd installment (copy attached). Meanwhile, we understood from locality that a case has been filed and the honorable court had ordered to stop the work (ref title suit no 226/09 dated 09.12.2009). However, you being a partner had suppressed the fact and received the second installment after 15 days of passing the ordered by the honorable court and also asked for the release of 3rd installment on 15/01.By a copy of this letter we are requesting the honorable court whether this action from your part is justified or not.
Extract of Agreement of sale (Notary Entry No: LM-70 dt 20 May) – (a) Clause-1: Construction of multistoried building with basement with G IV…., and (b) Clause-7 : the owner will complete the construction of the said apartment/ flat and car parking space within eighteen months from the date of execution of the agreement, i.e., 20th November. Because of your failure of the contract I had made a financial loss of more than Rs. 1, 00, 000/-. Still I didn’t ask you anything on good faith and trust.
You had mentioned in your letter that casting upto 3rd floor is complete – this is not true as casting of the balcony part is still due and this is an integral part of the total floor space. Moreover, the internal work is not being done as per the approved drawing mutually agreed upon (copy attached).
Moreover, extract of the Misc appeal No 149 dt 29th January in the court of Additional District Judge, 1st Court Paschim Medinipur in title suit No 226/09 dt. 09.12.2009 ordered that “However, they are permitted to complete the plastering and painting work on the portion of construction already made at their own risk without altering the state of construction as per local inspection report..” (copy attached). This means construction of IV floor can’t be made.
Still we are ready to make the payment subject to satisfying answers of the following queries acceptable both by us and our banker (SBI, IIT Kharagpur Branch).
(a) Without the construction of IV floor (which is not possible as per the order of honorable court) how the over head tank for supply of water and lift service will start.
(b) As per agreement you can’t ask for the release of 3rd installment without constructing the balcony part which is integral to total floor space. Moreover, the construction should not deviate from mutually agreed approved drawing.
(c) You have already delayed from your contract which resulted in heavy financial loss on us. Please let us know when can we get position of our flat and garage with all facilities – a separate mutually agreed agreement to be made to this effect.
Thanking you.
Sandip Bhattacharyya
Akashdeep Apartment, 2nd Floor
Rabindranagar, Midnapur
Mob : 92345-01246
Copy to :
(b) Honorable Additional District Judge, 1st Court, Paschim Medinipur.
(c) Chief Manager, SBI, IIT Kharagpur Branch
(d) Manager, Bangiya Gramin Vikash Bank, Midnapore"
Though the letter has been received by the party, no response was received. Again we send the following letter on 26.07.2011 through courier
"Mr. Ranjay Sengupta, Partner
Aloktika Enterprise
H/10, Saratpally
Midnapore - 721101
Ref: My letter dated April 12 (copy attached)
Sub: Status of the flat booked by me and Disbursement of 3rd installment of loan
Dear Sir,
Please refer to my letter dated 12/04 (copy attached) which has been received by you on 18/04 vide consignment number U04272884.
We are yet to receive any response of our queries mentioned in the letter which is acceptable both by us and our banker (SBI, IIT Kharagpur Branch).
Please furnish your response at the earliest to enable us to disburse the 3rd installment of loan.
Thanking you.
Sandip Bhattacharyya
Akashdeep Apartment, 2nd Floor
Rabindranagar, Midnapur
Mob : 92345-01246
Copy to :
(a) Chief Manager, SBI, IIT Kharagpur Branch"
Till date we have not received any response. When we are contacting the party over mobile, they are not picking my phone.
As a result I am totally helpless.
Please advice what should we do.
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