From
Flat purchaser- Full Name
Full Address
To
Developers,
M/s.Name and Address of Construction Company (Properitery / Partnership Firm)
Office Address
Rep. Through its partners –
1. Mr./Mrs ___________
Age-______ years, Occupation– Business,
R/at- Residential Address
2. Mr./Mrs ___________
Age-______ years, Occupation– Business,
R/at- Residential Address
Reference: Our earlier meetings, notice by Akhil Bhartiya Grahak Panchayat Pune and written communication.
Sub: Completion of work/provision of amenities as agreed to in Agreement to sale (Agreement Registration No-______/____).
Dear Sirs/Madam,
I am serving this notice to you for completion of incomplete work and for demand of payment of compensations as mentioned in this notice herein below.
I have booked flat No_________ in the building No.________ in your scheme called _____________, located on Sr. No _____, Hissa No.___________, (Location Address). The agreement was registered and for that I have paid stamp duty and registration charges. The agreements was registered between Mr /Ms ______________ and_______________on _______________. In the said agreement date of possession was mentioned within ______ months i.e. ( mention date ) with all amenities promised in the agreement as well as in the advertisement and broacher duly completion certificate and occupation certificate from ________ Municipal corporation/PMRDA/Nagar palika
I am sorry to say that until today you have not handed over the possession of the flat after passing more than ________ months. In spite of our repeated reminder & meetings with you, you have failed to give flat or any compensation to me and other purchasers of the Scheme called “______________”.
Please note as per agreement to sales (Refer Page ____ point _____) you charged us with interest of _____% on failure of payment. So same is applicable to you as you also failed to provide possession of flat on the promised date.
1. I have entered into a registered agreement to sale with you individually with Agreement Registration No. Number: ______/______. You have infringed this agreement. As the agreement is binding on you by virtue of Maharashtra Flat Owners Act, 1963, please note that you are liable to be prosecuted under the said act for infringement of Rule 3(2), Rule 5(1) Rule 11 & Rule 13 of the said Act.
I have complied with all the conditions of agreement to sale but you have failed to complete the work of the project within the stipulated time mentioned in agreement. Several meetings and written emails, notices were send to you. You are hereby called upon to complete the incomplete entire work of my flat as well as work of promised amenities and provide Completion Certificate from statutory authority, complete the formality of Society formation and registration, Conveyance deed in favor of society within 30 days of the receipt of this notice.
2. As per Maharashtra Flat Owners Act, 1963, section 3, clause "n", which mentions that flat, should be sold on the basis of carpet area only. You have not followed this and sold flat on saleable/builtup area. Hence you are requested to calculate area of flat on basis of carpet area and refund extra amount with 24% interest.
3. Faulty Demand Letter & Loan Amount Wrongly Claimed Charges:- As observed and intimated to you instead of asking payment as per the terms and conditions of agreement you have abstracted money in unethical way from my bank loan account by sending false demand letter. The banks also paid direct amount to you without my knowledge as per demand letter. Hence you need to refund this extra amount which is roughly ______% of loan principal amount with 24% interest.
4. Stamp Duty & Registration Charges: - You are requested to refund Rs ____________ with 24% interest.
5. Services Tax Paid Charges: - You are requested to refund Rs ________ with 24% interest as collection of Service Tax is illegal.
6. VAT Paid Charges: - You are requested to refund Rs __________ with 24% interest as collection of VAT is illegal.
7. TDS Charges: - You are requested to refund 1% TDS deducted with 24% interest as flat is not handed over to me. Please refer to page ____, point _____ of agreement to sale.
8. Loss On Income Tax:- - As possession and completion certificate has not been given by you I am loosing income tax benefit. Hence you are requested to pay loss on income tax with 24% interest as flat is not handed over to me and I was unable to claim deductions on paid amount.
9. Refund of Society registration charges and Legal Charges: - for formation of society only Rs 800/- per head is enough as per the circular issued by Commissioner of Co-op and Akhil Bhartiya Grahak Panchayat Pune whereas you have collected Rs. ___000 which is very high. Please refer page ___, point ____ of agreement of sale. Hence you are requested to refund Rs. ____000 with 24% interest.
8. Development/infrastructure Charges: - You have collected development/ infrastructure charges from us which is illegal as per Maharashtra Flat Ownership Act 1963, hence I request you to refund Rs. _____00,000 with 24% interest.
7. Refund of Electricity Meter Charges: - As per the agreement, I have paid an amount of Rs.____,000/- for the Electricity Meter & Other charges. Please refer page ____, point ____ of agreement of sale. For electric meter Rs. 10000/- is enough as per the circular issued by Maharashtra State Electricity Distribution Company Ltd. This is illegal hence you are requested to return Rs. _______,000 with 24% interest
8. Late Possession Charges: - As per the Agreement to sale, it was binding on you to hand over the possession of the flat on or before __________ but you have failed to complete the work of the building and project. Since you have not handed over the possession, I have suffered financial loss. I have to pay heavy amount towards rent for the period you have delayed the handing over of the possession. Besides I am paying Pre-EMI interest on the loan raised through financial institution/Bank. You are hereby liable to pay the house rent of Rs._____,000 per month & Pre-EMI interest amounts which I am paying and interest thereon. As on today it is calculating to Rs.________/-.
9. Mental Agony: - As per the Agreement to sale, it was binding on you to hand over the possession of the flat on or before _________ but you have failed to complete the work of the building and project. Furthermore it was observed you did repeated meetings with flat purchasers without intention of completion of work with fake promises and false information. Due to which I suffered severe stress and depression. Since you have not handed over the possession, I have suffered great mental agony. You are hereby liable to pay the Rs.5,00,000/- for mental agony & suffering.
9. Refund of Loan on property and de-mortgaging of property:- You have raised loan from various banks like ____ Bank & ________ Bank for the project ________ located on Sr. No ____, Hissa No. ______/Location address and the entire property has been mortgaged to various Banks. You are hereby asked to repay the entire loan raised from above and any other Bank and get the property card & 7-12 extract cleared within 15 days. Failing which necessary charges and criminal complaints will be lodged against you and cost will be recovered from you.
In last I would like to put emphasis that if you fail to give possession within 30 days with all the amenities and completion certificate from corporation and also if you fail to pay above mentioned compensation and refund of amount as mentioned above then you will be prosecuted by virtue of Maharashtra Flat Owners Act, 1963 & The Real Estate (Regulation And Development) Bill, 2016.
Thanking you,
Yours faithfully,
Date:
Sd/-
(Name of purchaser)
Copy to President, Akhil Bhartiya Grahak Panchayat Pune
Dear Consumers for free guidance pl visit Akhil Bhartiya Grahak Panchayat Pune at 634, Sadashiv Peth,Gole comlex, above wani cloth shop, Kumthekar road, PUNE 411030.
on any Monday, Wednesday and Friday between 1800 hrs to 1930 hrs
Contact :
Vijay Sagar 9422502315
Vilas Lele 09823132172
Srikant Joshi 09850059020
Seema Bhakre 9860368123
Dear Consumers if you go to lawyer he may charge you between 2000 to 10000 rupees we have given it free.
But if anyone like to donate to our NGO then pl donate
Bank Details for donations .....
Akhil Bhartiya Grahak Panchayat
( Madhya Maharashtra)
Account no 014220100036658
Bank Janata Sahakari Bank
Branch Tilak Road Pune 411030
IFSC Code JSBP0000014
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