The builder is not giving possession even after accepting full amount
1. M/S Mantra Housing had proposed to construct a building at s.no. 42 A/1G , S.no. 42 A/2,42 A/2E+6 named “MANTRA MAJESTICA” Mouje Hadapsar,dist. Pune . Accordingly M/S Mantra Housing started booking the proposed flats to the customers inviting the proposal for the public at large . in response to M/S Mantra Housing,s invitations and proposal , we expressed our willingness to purchase the flat No.106 ,first floor ,D building admeasuring area of 584 sq.ft. with attached terrace of 104 sq.ft. with covered car parking in the said proposed building . The agreed consideration amount of the said flat between us-and M/S Mantra Housing is Rs.15,63,000/-. Accordingly we gave M/S Mantra Housing amount of Rs 100000/- through cheque No.659081 of ICICI Bank dated 03/02/2008. And afterwards Rs 133943/- that is 15% of agreement cost by cheque No.659083 dated 04/03/2008 of ICICI Bank .Afterwards we repeatedly asked M/S Mantra Housing to execute the registered agreement because we wanted to take loan from bank and it is a required document to sanction the loan But M/S Mantra Housing told me that he did not have permission to start the construction of that flat at that time due to which he expressed his inability to execute registered agreement at that time.
Thus after laps of 8 months from the date of booking of the flat M/S Mantra Housing executed the agreement of the said flat on 04/10/2008. At the time of registration he told me that the construction of the D building would start after M/S Mantra Housing get NOC from the railway dept.
Thereafter M/S Mantra Housing did not informed me about the stage of the construction and also about the issue of NOC of the railway dept. And suddenly M/S Mantra Housing started orally demanding me a sum of Rs 1365677/- towards cost of the flat and we by taking loan from the IDBI Bank through cheque No.004947 paid the whole demanded amount to M/S Mantra Housing . And at the same time , M/S Mantra Housing promised me that he will give the possession of the said flat in march 2010 , as per his letter dated 24/12/2009.
Afterwards ,when I asked M/S Mantra Housing about the possession, he demanded the remaining payment. I gave M/S Mantra Housing the final payment , as per the agreement ,of Rs 49080/- by cheque No. ICICI Bank 089512 dated 02/11/2010 and service tax of Rs 771 /- on 02/12/2010 by cheque No. 185513, as per his words. Thus we gave M/S Mantra Housing entire consideration amount as asked by M/S Mantra Housing.
Then we reminded M/S Mantra Housing to makeover possession orally as well as through letters dated 22/11/2010 , 08/12/2010 , 21/12/2010 , but always M/S Mantra Housing told us that there was delay from my side in making payment, hence I was liable to pay the interest on the said due amount. we were shocked to hear these words from M/S Mantra Housing . Because there is no delay of any kind in making payment on behalf of me. M/S Mantra Housing are detaining the letter of possession for some unfair gain .
2. FEATURES ABOUT THE DEFICIENCIES IN-SERVICE ON BEHALF OF M/S Mantra Housing ARE AS UNDER :-
Firstly there is an agreement between M/S Mantra Housing and me about this flat and the terms and conditions mentioned in the agreement are agreed between M/S Mantra Housing and me . As per the schedule of payment given on page No.32 of that agreement, the payment is to be made as per the stages of construction of that flat . Hence it is the duty of M/S Mantra Housing to send the written demand letter with the certificate of the concerned architect about the stages of the construction but M/S Mantra Housing never informed me about the stages of the construction and did not demand the amount as per the stages of the construction .Thus firstly M/S Mantra Housing failed to abide by the conditions of the agreement by accepting entire amount of the cost against the schedule of payment mentioned in the agreement , As such there is no delay on behalf of me , therefore M/S Mantra Housing cannot ask me to pay an interest @ 18% compounded monthly on the due amount. we had given M/S Mantra Housing entire amount although M/S Mantra Housing have not obtained the completion certificate from PMC. M/S Mantra Housing also failed to complete the construction and give the possession of the said flat within the stipulated period as mentioned in the agreement
Secondly after booking of the said flat and after taking the 15% cost of the agreement M/S Mantra Housing delayed to execute the agreement. Moreover, M/S Mantra Housing have not informed about the NOC of the railway dept which is very important for the construction of the said building . And suddenly M/S Mantra Housing demanded the huge amount of cost . Thus M/S Mantra Housing failed to obey the terms of the agreement.
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