Real Estate
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Complaint #4352 — Alimuddin Khan Sarguroh
Filed: 3 Feb 2014 ·
Address: 401 bldg no 24 kapadia nagar cst road kurla west mumbai 70
I had purchased flat from HDIL developer in project Premier Residency at Kurla West for which a bipartite agreement was made with HDIL in Year 2009 -10. The possession date as per the registered agreement was December 2010, But as on date I have not got possession, in spite of having made full payments as per the agreement .This payment was made including VAT and Service Tax, though this is supposed to be paid by HDIL builder.
In month of October\'2013 the builder had given possession to around 100 flats. Subsequently, they stopped giving possession to the buyers for rest of the flats without any prior information and discussions.
After making full and final payments four months back as per the registered agreement, I have receiving threatening calls from HDIL head office that there is an increase in respective buyers flat area which was earlier not part of their agreement . The buyers were informed that as per the new law framed by Maharashtra Government in June 2012 , there is an increase in Floor space index( FSI) and that they will have to pay extra amount based on their room area. These areas are balcony, flower bed and duct area. These areas were already included in the earlier signed agreement for which We had paid in full payment. The commencement date for this project is April 2009.
HDIL has not giving this demand in writing. HDIL conveyed to us that this extra amount should be paid in cash. I have taken a loan to buy this apartments and the Bank would not release money if we do not have the demand advise letter from HDIL.
Now the builder had changed their strategy and are telling buyers that they would make a fresh agreement and that we would have to pay accordingly including the taxes applicable at current prevailing rates so as to make people pay in cash. We had paid in cash to builder for parking .He will not give parking without paying and he will not accept Cheque payment as it is not allowed as per Law.
Now he has resorted to this illegal means. The fungible FSI act cannot be made applicable since this project got commencement Certificate in Year 2009 . This act is applicable for projects commencing only after 6th Jan 2012. There are 1100 flat owners in this project and have unanimously taken a stand that we shall not pay this money, which according to us is extortion money.
Please suggest a re course.
We all want our flats which has been already delayed by more than three years. Now top of it ,this brazen extortion calls by HDIL and calling individual flat owners to their Headquarters asking us to pay this money in cash is not acceptable . For these 1100 flat owners, on an average HDIL is demanding Rs 5 lakh per flat. We have no documentary evidence to prove as HDIL has not giving anything in writing and further HDIL is not ready to discuss anything about this amount to be paid over phone.