Dear Sir
Ours is an Association of Apartment duly registered. The name of apartment is Rohtas Hampton Court Apartment Kanpur Road Lucknow-226012, having 91 flats.The apartment was constructed by the builder after getting drawing approved from Lucknow Development Authority (LDA).The builder started giving possessions to purchasers from early 2008 against sale agreement on Rs 100/- stamp paper, in which he has committed to get the sale deed done in favour of purchaser after getting full payment which is still awaited. The possessions were given by the builder without getting completion certificate from LDA.However the web site of builder shows this project in the list of completed projects. The builder has informed the association through the minutes of meetings held with them that the approval is pending with Government and is expected soon and thereafter sale deeds will be executed. The builder also assured in agreement to sale to refund in installments to association the IFMD (one time deposit by purchaser) which is nearly Rs 80 Lacs and which is also not being refunded by the builder now. Many construction defects have also been developed like heavy leakage of water in lift ducts during rains which is seeping to foundation. settlement of pavements all around the building etc. for which the builder is not taking any responsibility stating that they were responsible for 6 months after giving possession. Many purchasers have taken loans from SBI and HDFC which are insisting for depositing sale deed or loan refund in one installment. The builder has also not transferred common area and facilities and other relevant documents of the apartment to Association as per U P Apartment act-2010.However the builder is charging themselves a huge amount of nearly one lac as Transfer fee. Kindly let us know what steps are required to be taken in this matter? Can we go directly to the court or we have to go lodge a FIR?
Thanking you.
Yours Sincerely
Satpal Singh
President,
-Apartment Owners Association
Mob--09839043458
