Consumer Redressal

Dear Sir We had booked a 1BHK flat admeasuring 465 sq ft in Tata Housing\'s Shubh Griha Project at boisar, in 2009. As per the agreement for sale the builder was supposed to give possession in June 2011. But the project is delayed by 17 months. Due to which we incurred heavy lossesby way of paying rent during this 17 months.Apart from delayed possession, builder is charging heavy extra ammount towards final possession ammount which is explained in the below self explanatory email from builder in response to our objection for delay is possession & extra charges Kindly go through the same & guide us how we should preceed for the possession.Whether we should pay all the money as demanded by the builder & then go for claim. Or shall we file a complaint in the consumer court & pay the builder the genuine revised ammount after the court judgement only Below is the builder\'s email response to our letter to builder,for your ready reference Dear Sirs/Madams, We refer to your email dated November 10, 2012. Please find here below a point wise response to the queries raised by you in the letter attached A)ref. Outstanding ammount----Interest for delayed payment = 8406 What about the delay of 18 months on part of Tata Housing Development Company Limited in handing over the said flat to us. We request you to kindly pay us the interest on the ammount paid by us for the delayed period. The rate of interest may be decided mutually. à You will agree that payment plan was a time linked schedule and it was mutually agreed that time is the essence of all payments. Delay in receiving various installments on time has resulted in accrual of interest. The project construction progress and delivery of the same was affected by various inadvertent interludes outside the direct control of Tata Housing. We have appraised you of the various challenges in the project from time to time. Under the circumstances we are unable to consider any compensation for the delay as the situation is due to factors outside the direct influence of TATA HOUSING. B)Ref. Society Deposits and Other Charges (Part)and Taxes - Share Money as per the agreement should be Rs. 350/-, but you have mentioned Rs. 600/- in the attatched annexure à Share Money is collected as per guidelines of the Maharashtra Co-operative Society. As per the new bye laws of Maharashtra Co-operative Society the share money charges has been revised and hence the change in the values. C) Ref: Society Deposits and Other Charges (Part)and Taxes Water and Electricity –Supply and Connection Charges as per the agreement should be Rs.25000/-. But you have mentioned Rs. 41850/- which is too high. à We had brought to your notice that we have had challenges in bringing water supply and electricity to the project. The charges indicated to you in the agreement for sale was estimated charges at the time of executing the Agreement for Sale. We have now drawn a dedicated 18 km pipe line for supply of water to the project. This has resulted in higher costs towards the same and hence there is increase in these charges. You may refer to clause 19(b) where we have informed you of your liability to bear any increase in actual charges of the headers. D) Ref: Society Deposits and Other Charges (Balance) As per the agreement we have to pay Rs. 465 per month as towards Maintenance @ 1/- psf for 6 months i.e, total Rs. 2700/-. But, as per the attatched annexture you have mentioned Rs. 7837/- @Rs.2.5 per sft. Which is too high for a so called, low cost housing. àMaintenance was estimated at the time of registration based on the then prevalent minimum charges for various maintenance functions like housekeeping, security and other relevant charges. The minimum rates for engaging services of professional agencies to carry out the various maintenance functions have increased over the period of time. We have incorporated the revised applicable charges as per current market values and hence the maintenance charges have gone up from Rs.1/- per sq.ft. to Rs.2.50/- per sq.ft.. You may refer to clause 19(b) where we have informed you of your liability to bear any increase in actual charges of the headers. E) Ref: Society Deposits and Other Charges (Balance). As per the annexture you have asked for 1 year deposit of Maintenance @Rs. 2.5 per sft. Which was neither explained to us at the time of booking nor is mentioned in the agreement. à The advance is collected to allow smooth functioning of the societies, once formed, after exit of Tata Housing. This deposit will be transferred to the Society under the name of the particular flat owner when Tata Housing’s Facility Management will hand over the reins of the project to the respective societies. This deposit will be used to adjust against any pending dues from members at the point of transfer to the societies. F) Ref: Society Deposits and Other Charges (Balance). As per the annexture you have demanded Rs.5000/- Interest Free Refundable Deposit for Interior/Shifting which was also never agreed upon as per the agreement for sale. à This refundable deposit is collected to cover any damages caused to the common area during shifting in by members into the building. This will be refunded to the respective flat owners 15 days from date of physical move in by the customer after necessary deductions in case of any damages caused to the common areas of the building else it will be refunded in full without any interest. Hope we have clarified all queries to your satisfaction. Feel free to contact us for any further queries on the above. Kindly make the payments as per the demand letter offering possession to you at the earliest to start the hand over process. We once again regret the inconvenience caused to you due to delay in project delivery and look forward to welcoming you into your HOME in Shubh Griha. Thanks and Regards, B Satish Project Sales Head \"Shubh Griha\", \"New Haven\", \"New Haven Crest\", Boisar \"Shubh Griha\", \"New Haven\", Vasind \"GoodLife\" - Retail Mall, Boisar Mobile : +91 98199 19744 Phone : +91 22 6661 4539 Fax : +91 22 6661 4550 Web : www.shubhgriha.com | www.newhaven.co.in | www.newhaven.co.in/crest | www.goodlifemall.co.in