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To, Mr. Balwant Singh, CMD Ramprastha Promoters & Developers Limited, Corporate Office, Sector - 44, Gurgaon I
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Dear Sir, Subject:
Non delivery
of flats
booked
in RAMPRASTHA EDGE TOWERS, SECTOR 37 D,
GURGAON We, the undersigned, had purchased flat/flats/Apartment in your upcoming project at RAMPRASTHA EDGE TOWERS, sector 37D in 2009, 2010 under direct payments/ subvention
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scheme with HDFC Limited and have already paid almost 90% of the total cost towards /' purchase. The possession was promised in August 2012, failing which penalty @ Rs. S sq ft was agreed to be paid to the buyer. Since 2012 onwards we have been visiting your office as well as construction site and pursu'ing progress of our allotted flats. We regret to say that in spite of several visits and letters, we have never been able to understand/ know the actual state of construction. Though towers seem to be having built up but no progress is observed on finishing and landscaping work, failing which possession could not be handed over. In fact, no progress for delivery of our flats is informed & always vague & conflicting information is given in piecemeal. It was promised by your Company at the time of making the payment for the Flat that the possession of the fully constructed flat would be handed over By August 2012 and since most of us had booked under the subvention scheme, we had assumed that by the time we would start paying our EMls, the burden of rentals would go off. The true fact is that even after six months of the proposed time of handover/possession, there is no sign of completion of project and infact, at the project site, the progress of the work has almost stopped and is dismally slow. Many of us have made several visits and enquiries with your office and the project site to enquire about the reasons for the slow progress, which were never attended to seriously for your own problem and limitation and only evasive and misleading replies and false assurances were given at all the times. In fact we still are not aware I' of the likely date of possession. It is to be emphasized that timely completion of the project was the essence of the contract agreed at the time of making payment for the aforesaid flat It is worth mentioning here that as against the agreed period of 2 years, you have failed to deliver the possession of the flat even till date i.e. even after nearly six-months of the initial allotment date promised. i
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It is significant to state that we had booked the flat with full enthusiasm and expectation that at the agreed time i.e. August 2012, we shall have fully constructed flat at our disposal and our family needs would be satisfied immediately. Keeping that in view, we earnestly paid almost 80 • to 90% of entire purchase price of the flat in timely manner as and when asked. It was/is not our :
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intention to delay the payments; however, our obligation to make payment was linked with , your obligation to achieve progress in a manner so as to achieve full completion within a ,the defined time. We cannot be expected to keep making payment without reciprocity at your end. It is, therefore, an abuse of the contractual understanding between the parties, for arriving at wrongful gain to yourself and causing wrongful loss to us including other buyers of the aforesaid project. The impact of your negligence is all the more high because we have ended up paying our EMls as well as the exorbitant rentals that one has to bear while staying in a rented premise '
at Gurgaon.
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In such circumstances, you are in default of your contractual obligations and are liable for all the compensation/damages as are being constantly incurred by us in terms of heavy burden of EMI , and loss due to rent liability implicated on us and we would not allow you to take undue' j advantage of the situation merely because you are the builder and also the drafter of the lopsided Contract. '
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It is therefore requested in your interest that please confirm the correct date for handing overll possession of our flats and also compensate us for the losses caused to us due to non delivery and non performance of explicit contractual obligation of delivery of the aforesaid flats in August 2012 on schedule time otherwise we shall have no option other than to seek appropriate remedy under the law for the protection of our rights and you shall be liable for all the risks, consequences and costs thereof.
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