Hon,ble Sir, I, the undersigned, submit the following complaint against the builder/ Developer M/s. Era Landmarks Limited, Head Office- B.- 24, Sector-3, Noida – 201301, regarding undue harassment and overcharging for the housing unit, booked by me. The detail of the case is as under:- I booked a 3 BHK flat (Super Area-1225 SQ. Ft.), A-63 TF, Era Divine Court, Cestor-76, Faridabad, with Era Landmarks India limited on 05.01.2010 for Rs.21,95,000/- (Rupees twenty one lakh ninety five thousand only). On 03.04.2010 an agreement with Developer, M/s. Era Landmarks Ltd. was signed, in which payment plan was given and date of possession was given 03.04.2012. As per terms of the agreement, I have made 95% payment through our hard earned money, small savings, loan from our employer and from other financial institution (HDFC Bank Ltd.) and only 5% (Rs.1,09,750/-) of cost is remaining, which is payable at the time of possession of the dwelling unit. But, now the Developer has issued a letter “Permission to fit-out of the housing unit” (Attached File-“A”) and raised an additional demand of Rs.4,45,092/-, which is as below:- 1. Charges of Super Area-1329 Sq. ft. instead of 1225 Sq.Ft.:- The agreement clearly states that the Super area of the flat is 1225 Sq. Ft. but, the builder is asking for payment of increased super area 1329 Sq. Ft. However, this is to mention here that all dimensions in the unit (Bedrooms size, drawing rooms size, kitchen, balcony, store room and toilets size) are in accordance to the plan given in the agreement and the developer has not mentioned where the area in the unit is increased. The motive of the builder is to exploit the Para-6 (b) of the Buyer Agreement (file attached), in which, in case of any major change in the size of the flat resulting in more than 10% increase in area of the flat, the developer shall intimate the allottee in writing. In this case the builder is charging for 8.49% increased super area to save himself from taking prior consent of the allottees. A calculation of the area has been made by undersigned as per the measurements and total Built-up area comes to 943.056 sq.ft. After inclusion of loading factor 23% it is 1225 sq.ft. ahich may be considered as Super Built-up area. (file attached). The above increase costs Rs.2,30,239/- extra (Basic price- Rs.186351/- + Service tax – Rs.9048/- + EDC & IDC-Rs.34840/- @ Rs.335/- per Sq. ft.). This is a huge sum and I am not in position to arrange this amount, as I had not planned for this at the time of booking. 2. Overcharging towards EDC & IDC:- The Developer M/s. Era Landmarks Ltd. initially mentioned Rs.180/- per sq.ft. towards EDC/ IDC charges (Brochure attached) but later charged @ Rs.155/- per sq.ft. extra/ i.e Rs.1,89,875/- towards increased EDC & IDC. No justification/ calculation of Rs.335/- per sq. ft. is given by the builder. 3. Permission to fit-out instead of possession of Unit:- As per Para -5 of the Buyer Agreement, the

Sir, I request you to give me justice in view of facts. In my views:- – The builder should withdraw the demand of overcharges, i.e. Rs. 4,45,092/- – The Developer M/s. Era Landmarks Ltd. should pay me the penal charges for delayed period, @Rs.7/- per sq.ft. as per agree,ment and the arrear of the penal charges from 03.04.2012 to 31.12.2013(total Rs.1,80,075/-) and further on monthly basis. – The builder M/s. Era Landmarks Ltd. should handover the possession of the unit at the earliest, which is already delayed by 21 months. – The builder should explain justification of the increased EDC & IDC and basis of its calculation.

Complainant Information
name- mehrahs