KST Whispering Heights Faridabad – Possession Delayed

I bought flat in Project Name “KST Whispering Heights” in the year 2007 located at Sector 88, Faridabad. At the time of booking flat in March’2007 we have been communicated that project will be completed in 36 months time. The Builder Buyer Agreement was executed in Sept’2007. As per Builder Buyer Agreement flat should be handed over to me by Aug’2010. But till today flat is not handed over. The construction is still going on and looking into current situation it appears it will take more 3-4 years. As per Builder Buyer Agreement, builder is liable to pay penalty in case of delay in possession but now builder is denying to pay the penalty.

On the other hand builder is rasing illegal demand on the name of Increased area, External Electrification charges, Fire Fighting Charges etc. We had multiple meeting with him to know the construction complete date but every time he mentions new time frame. Its been 8 year since i have booked this flat but still there is no hope of greeting the possession of flat. I have paid 95% of flat cost under down payment scheme in 2007 only. For last 8 years i am paying heavy EMI to bank. When i approached bank to stop the EMI they refused. Bank is also responsible because they have sanctioned the loan after performing all background checks of builder. I booked the flat with the hope of moving on it in 3 years. But due to delay in possession i end up paying heavy EMI plus monthly rent. Due to this i am in huge financial crisis which is hampering my personal life. Due the the stress i have been diagnosed with high Blood Pressure at the age of 30. Builder is least bothered about customers pain. When we told him that we will approach consumer affairs department, he seemed very relqxed. This gives a sense that he has some strong connection which assures him of any consequences. On the other hand builder is launching many project in Delhi NCR.

Huge financial and mental consequences. I have booked this flat with an intention to live there. I am staying in rented accommodation. Due to delay in construction i ended up paying huge EMI every month on top of monthly rent. Till date i have occurred Rs. 720000 loss by paying rent only. Also builder in not paying single penny penalty which is adding to loss i am making every month. Due to all this my financial situation is very bad and eventually it is hampering my personal life.

As a relief i want a commitment from builder for completion of project with all applicable penalty. If builder is not able to fulfill my first request then refund all the amount i have paid with the interest which he charge in case of delay in payment of demand raised by builder.

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