To,
GM
Parsvnath Ltd
Shahdara Mall
Delhi - 32
FINAL NOTICE FOR PLOT B-3095
IN PARSVNATH CITY SONIPAT
Dear General Manager
1. Reference is made to your letter A50/S003/0 dated 16 Oct 10 wherein you have asked me to pay you Rs 499910/- as next installment by 14 Nov 10. Just to refresh our memories, I must tell you that I applied for a pre launch registration on 25 May in Sonipat and against priority 773, I was allotted a plot No 3095 measuring 355 yds in B Block on 30 Jul.
2. To resolve the issue, reference is made to our meeting with Mr Yogesh on 18 Oct at 1100 hrs where I had pointed out a couple of disagreement pertaining to your buyer agreement. Here I must make it clear that I had signed your Builder - buyer agreement purely on the condition that you will look into the requests which I had submitted in writing at that time. Subsequently I tried contacting you a number of times but nobody picked up the phone except on 04 Nov 10 where I again reminded you to resolve the matter on the following observations.
2. As per advance registration terms and conditions signed on 25 May 04, It was agreed that -
“ In the event your intimation about availability of Plot is made to me after 6 months a simple interest @ 10% p.a. shall be paid to me for the period beyond 6 months on the amount paid by me up to the date the said offer of allotment is made in the confirmed project.”
3. Keeping the above-mentioned criteria in mind, the interest on following amount stand to be paid by you and need to be corrected in the letter of statement of account. As per para (c) of advance registration, you are required to provide me interest amounting to Rs 3, 28, 000/- as per following details:-
Dt deposited Amount Upto Interest (10%)
(a) 25 May - Rs 1, 75, 000/- 01 Nov 10 Rs 1, 35, 000/-
(b) 23 Dec - Rs 3, 50.000/- 01 Nov 10 Rs 1, 93, 000/-
4. Subsequently, an amount of Rs 6, 43, 590/- for 50% cost of plot, 50% EDC/IDC and 100% PLC was paid to you on 19 Aug and next installment cheque of difference between Rs 4, 99, 910 – Rs 328000/- = Rs 171910/- is planned to be paid by me.
5. Now my question is as per your builder – buyer agreement the project is planned to be completed within 1 yr ie “3 months after last payment” which is 14 Aug 11. But I have checked up with PIO of Director Town Planning, HUDA Complex, sector 15, Sonipat and PIO of DTCP, sector 18, Chandigarh through RTI and they have confirmed that :-
Firstly, your layout plan of sector B has not been approved by them till date and secondly the EDC/IDC pertaining to plot B-3095 amounting to Rs 8, 25, 375 /- paid to you has not been onward paid to Director Town Planning Sonipat / Chandigarh.
6. Since you could not provide me with approval of Lay out plan from DTCP/HUDA, I could not get the approval of loan on the abovementioned plot at reduced interest rates. Now I have taken personnel loan @ 18% to pay your installments for an unapproved project. We will discuss it separately how Amount of excess interest will be paid by you. Now in case possession of plot is not given to me by 14 Nov an interest at the same rate (24%) will be charged from your end as 80% of the payment has been made within first 4 months.
6. I have reported the above matter to you several times but despite all my pleadings you have not refunded the amount, which is indeed regrettable. On account of your aforesaid dereliction of duty and failure and neglect to rectify the same I have suffered loss which you are liable to compensate to me. You are hereby finally called upon to refund the excess price charged of the sum of Rs 3, 28, 000/- of interest @10% per annum within 14 days of the receipt of this notice failing which I shall be constrained to initiate against you for redressal of my aforesaid grievances and recovery of the aforesaid amount such proceedings, both civil and criminal as are warranted by law, besides filing a complaint under the statutory provisions of The Consumer Protection Act, 1986 exclusively at your own risk, cost, responsibility and consequences which please note.
7. In case you do not respond to this letter, it will be taken as Criminal offence under section 420 of Indian panel code for Cheating / dishonestly inducing delivery of property. Land which is sub divided into plots and sold without permission from competent authority is considered illegal and unapproved layout. No facilities such as roads, drainage, water, street lighting are provided by the govt to such colonies.
8. In view of above pl credit interest amounting to Rs 3, 28, 000/- in your statement of accounts and forward a copy of the project's drawings, duly stamped by the municipal authorities for sanction of loan. Henceforth Pl intimate progress on all the development work on a quarterly basis as the payment is construction based and give me a fresh possession date with plenty clause. This letter may be discussed at the highest level so as to avoid humiliation to your company and staff at a later date.
9. Thanking you
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