ASMI CONSTRUCTION – Possession of Flat

That I booked a ready to move flat at 3rd Floor, Block-C, Jasoda Residency, Hyderpara, Siliguri through Mr. Nitin Kumar Aggarwal, owner/partner of the developer M/s ASMI CONSTRUCTION. The basic rates of flat which I booked it, was as under.- Super Built up area- 1345 Sq Ft. @2500/- per sq.ft. Cost of super Built up area = 1345×2500= Rs 33,62,500/- Cost of garage charges = Rs 2,50,000/- Total Flat value = Rs 36,12,500/- Payment made so far 20% Advance of flat value of Rs 36,12,500/- =Rs 7,22,500/- paid in the name of M/s ASMI CONSTRUCTION through 03 Cheques vide 1. Cheque No.46063 Dtd. 14.11.14 , amount Rs 2,22,500/-; 2. Cheque No.xxxxxxx Dtd. 14.11.14 , amount Rs 4,00,000/-; 3. Cheque No.880010 Dtd. 14.11.14 , amount Rs 1,00,000/- Vide money receipt of the same enclosed. Payment made through cash for stamp paper charges and other miscellaneous charges for making deeds and registry = Rs 40000/- And rest 80% money of flat value was to be financed through bank loan from Punjab & Sind Bank, Pani Tanki , Siliguri through 1% processing charges. After booking the flat and paying 20 % money , we made an agreement on dated 14th Nov, 14 but he is refusing to give the agreement paper made on 14th Nov’ 14. The developer, Mr. Nitin Kumar Aggarwal says that there was clerical mistake instead of super Built up area 1345 Sq Ft, the super Built up area is 1413 Sq Ft which is costing the increased burden of Rs 02 Lacs on us. Although in the same block/apartment at 2nd floor , he has sold to Islampur resident at super Built up area 1345 Sq Ft with same built up area and design. Since we are in need of accommodation at Siliguri and he is threatening of forfeiting of booked amount, under his pressure & blackmailing we made another agreement with super Built up area 1413 Sq Ft with removing garage so that cost burden should not increase. But when we approached for loan, he says that loan will be sanctioned through Punjab & Sind Bank, Pani Tanki , Siliguri only with brokerage charge of 4% through his broker named Mr. Dinesh Aggarwal and processing charges extra which includes flat insurance charges, mandatory bank charges, lawyers charges etc. so loan processing costing more than 5% and banks interest is 10.25% per annum and thus the loan is costing at more than 15% rates. Despite this, if bank delays in sanctioning the loan, the basic rate of flat will increase to Rs 3200/- per sq ft which would increase another burden of Rs 10 Lacs or the agreement will be null & void as The developer, Mr. Nitin Kumar Aggarwal says. Since he has liason/tie ups with the said bank for bank loan, the broker and the bank will might have delayed the loan process and this will cost burden of another Rs 10 Lacs in addition to deduction of EMI from monthly salary of my husband as and when the loan gets sanctioned and the loan amount will directly go to the developer because of tie

I just want my invested and paid money back from the promoter. Promoter also threatened us of not giving the Flat as well as the money to us.But in day to day conversation with the promoter, his unwanted lust for money increasesd. Day by day he went on increasing the price of the flat or the square feet and miscellaneous charges. We being a service holder person cannot meet his greed for money. We are very commom citizen of India, and we are expecting justice. I just want my invested paid money back from the promoter to lead our peaceful life. This kind of cases are going in and around India but I am One of the victim of this racket being a common person I want justice from all those who sitting at the top position in India. This kind of promoter are in search of victim like us.This is a kind of mental harassment to us. We just want peace of mind.We are very common people and belong to good family and minority community,if this kind of people are going to take undue advantages of us then we have no option rather than to go against them.

Email Id: zia.asfia7@gmail.

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