I bought FLAT in Project “ATHENA” in Rs 76.78 Lakh (lump sum) in Oct’13 and executed Sale Deed on 20th Dec’13 on condition that its possession will be given max by May’14. As building was almost fully ready and only finishing work, water pipe line, wiring, tiling etc misc work was to be completed, so I believed them.

In the sale deed I observed that builder cheated me and written the possession commitment for Dec’14. As I had already paid advance of Rs 25 lakh (through Cheque) to builder, so I did not have choice but to beleive his verbal commitment that he will give us the possession by May’14 only. Then I took Home Loan from HDFC and paid Rs 40 lakh to builder through home loan disbursement on 10th Jan’14. I also paid him following amounts in addition: a) Rs 76,780/- on 3rd Dec’13 towards VAT(Cheque). b) Rs 2,37,250/- on 3rd Dec’13 towards SERVICE TAX(Cheque). c) Rs 76,780/- on 20th Dec’13 (Cheque). d) Rs 1,01,210/- on 20th Dec’13 (Cheque). e) Rs 4,92,295.31 through DD to bank through Builder for Registration and Stamp Duty (Demand Draft). f) Rs 5,000/- towards Lawyer’s fees for Registration (Cash). (4) Builder has not yet completed so many tasks like window fitting, glass fitting, wiring, toilet fittings, tiling, door fitting, pump room, solar water heating system, water harvesting, generator backup, lifts etc. (5) He always gives the reason of labor problems for the delay and asks us to wait for 3-4 months. This is continuously happening since May’14 onward. Last time he promised us that in any case he will provide possession by Feb’15, but now he started asking us to wait till Jun’15.

Due to delay in possession, I am loosing Rs 20,000/- per month. (a) Thus till Feb’15, I already lost Rs 1,80,000/- (b) Still I am not sure by when I will get possession, thus I will be loosing Rs 20,000/- pm till I will get the possession of my new FLAT. (2) As I have taken a Home Loan disbursement of Rs 40,00,000/- in Jan’14 and my EMI started immediately there after. I had planned that as soon as I will shift in my new home, I will put my old flat on Rent. Thus I had planned that I will put my fully furnished old home on Rent from Jun’14. I stay in Koregaon Park, Pune, one of the posh locality in Pune, where I can get easily Rs 20,000/- per month rental for my fully furnished flat. (3) Actually current EMI of Rs 61,228/- is too heavy for me and I had planned that my old home will contribute for Rs 20,000/- and thus 41,228/- will be bearable for me. Thus due to this delay, mentally I am very much in trouble because I have to manage my expenses by other means either by selling some asset or by borrowing the money.

I want that Builder should pay me immediately Rs 2,40,000/- towards the delay of possession in giving me the FLAT A-901 for the delay and harassment till Mar’15. (2) If possession is further delayed than Mar’15, then he should pay me Rs 20,000/- per month for each month’s delay. (3) In case builder fails to pay me the compensation amount as directed, then I should be able to CUT the compensation amount plus interest cost of 10% pa from my remaining payment that I will be paying him at the time of giving me possession of my FLAT

Regards,
[140326.3.]