Pasari Group, Kolkata Builder Turning Deaf Ears : Indraprastha Phase 3 - 35

#1
Goodday n Greetings,

Myself Shashi Bhushan along with my wife Annu singh Booked a flat (4A) in INDRAPRASTHA PH III ,Kolkata, builder : Pasari Group,35, Ballygunj.

builder is now not replying to my queries...Kindly assist as what should be my next step.

(Mr. navin is marketing manager and Sambhu Da is on site manager).



Let me give a brief description of the concerned matter.

We had booked flat no 4 A in Indraprastha Ph III and during that time brickwork for the said flat was not done.

I had given some modification to be done for my flat namely
1) Open kitchen
2) merging the two washroom ,making as a single common washroom and taking out a portion as wardrobe for the master bedroom
3) provision of water supply and drainage for washroom in the balcony at my cost.
4) Installing Indian style commode in the third washroom.

All these modification was given to Mr Navin on 19th Nov 2011 and on his instruction I made Sambhu Da understand the layout for the modification.

There wasn't any objection to the modification as other flat had gone more or less the same modifications.

I left India on 10th December 2011and came back on 29th March 2011.

Since my wife was due for baby, I didnot went on site to check the progress of the work.After returning I had spoken to Mr. Navin but considering the job to be done I didn't bothered to ask him about the modification.

One fine day In the first week of May i spoke with Mr. Navin and Sambhu Da and came to know that My modifications for the flat was not done.When asked about the same various excuses were given in the beginning as
1)Management took a decision that no more modification to be done.
2)Management is facing electricity connection problems etcetc..
When retaliated on the comments Mr Navin asked me about the modifiation to be done and at the same time he told the wardrobe part 'will' not be done now,
Keeping his word and not imphasising on the wardrobe part I told him about the Kitchen part to be made open by 3 mtrs.(Kindly note I had not seen my flat during that time, I had a son who was 23 days old I had my Master's Exam on 4th May 2012 and having said the wardrobe part will not be done it's very hard to take a decision instantly).

On 5th May (only a few days later) I visited the site and requested Mr Navin to merge the two washroom as Plaster wasn't done on the intermediate wall and I was ready to bear the Plumbing expenses as well during that time and also told him since too much effort will be wasted on the wardrobe part so I'll not ask you for the same.

Mr Navin didn't take interest in my matter and COMPLETELY NEGLECTED MY CALLS AND MAILS.(I have all the correspondence and I believe Mr Navin wd also be having the same,I'LL REQUEST YOU TO KINDLY CHECK HIS INBOX FOR MY CORRESPONDENCE).

STILL I WAS READY TO CO-OPERATE COMPLETELY ON THE MISTAKE WHICH SOMEONE ELSE HAS MADE TO ME..

I completely lost faith in Mr Navin when he started disconnecting my calls also not responding to my mails.

After a week later he replied 'now no more changes will be done.

V IMP: KINDLY NOTE HE TOLD ME TWICE ' GIVE US A CANCELLATION LETTER . WE WILL NOT MAKE ANY CHANGES NOW'

THERE ARE FEW QUERRIES WHICH I'D LIKE TO KNOW FROM THE MANAGEMENT :

1. WHY DURING BRICKWORK NO MODIFICATION WAS DONE TO MY FLAT?
2.WHY WASN'T I INTIMATED ABOUT THE SAME AS MODIFICATIONS WOULD NOT BE DONE?
3.WITHIN A SPAN OF TWO TO THREE DAYS WHAT HAPPENED THAT WASROOM CANNOT BE MERGED ?(AS SAME WOULD HAVE BEEN DONE HAD I SAID TWO TO THREE DAYS BACK.).
AT THE SAME TIME I DID NOT REQUEST FOR THE WARDROBE.
4.WHY AM I BEING ASKED TO GIVE A CANCELLATION LETTER FOR THE FLAT?
5.WHY AM I NOT GIVEN ANY CONTACT DETAILS OR EMAIL ID FOR THE MANAGEMENT TEAM REPEATEDLY ASKED IN MY 5-6 PREVIOUS MAILS TO Mr Navin.?





Regards
Shashi Bhushan.
 
#3
Expert said:
How much money paid for no work done?
Dear Sir,
Payment is construction linked and till date I have paid 90% of the total amount.
So far as flat is concerned Brickwork has been done.
Still there is scope that they can do the modification ,they only have to break the intermediate wall for the two washroom.
The builder has merged the two washroom for one of the flat in Indraprastha ph III.

Regards
Shashi Bhushan:(
 

expert

Administrator
Staff member
#4
Can you not pay additional money for it? Or you've already paid it?

Such people do this regularly with every customer and earn a good money.
Do you have anybody in police ? You can force them. Otherwise threaten them to take them to consumer court.
Don't hire an advocate. Prepare the notice yourself and file it in consumer court.
But consumer court takes years for resolution and that's not at all a solution. You'll waste your endless time there.
 
#5
Expert said:
Can you not pay additional money for it? Or you've already paid it?

Such people do this regularly with every customer and earn a good money.
Do you have anybody in police ? You can force them. Otherwise threaten them to take them to consumer court.
Don't hire an advocate. Prepare the notice yourself and file it in consumer court.
But consumer court takes years for resolution and that's not at all a solution. You'll waste your endless time there.
[hr]
annu.sbs said:
Expert said:
Can you not pay additional money for it? Or you've already paid it?

Such people do this regularly with every customer and earn a good money.
Do you have anybody in police ? You can force them. Otherwise threaten them to take them to consumer court.
Don't hire an advocate. Prepare the notice yourself and file it in consumer court.
But consumer court takes years for resolution and that's not at all a solution. You'll waste your endless time there.

Dear Sir,

they are not willing to do any modification now even if I bear the cost.
Whereas they had modified three other flats in indraprastha ph 3 before I booked my flat.

All I need from them is my answers to the questions which I had mentioned in my first thread to you.


they are not replying to my mails.

Can I send them any notifications from the Honourable court of law for replying to my mail.
 
#7
Expert said:
Not notifications. Send them a legal notice.
Dear Sir,
At the outset let me thank you for assisting me.

I have told the builder that I'll give them three reminders to reply for my mail.

Rqst you to enlighten me how can I send them a legal notice.

I live in Bokaro steel city,jharkhand and the project and the office of the builder is in Kolkata, can I take legal steps from Bokaro itself.

Rgds
Shashi Bhushan:(
 

expert

Administrator
Staff member
#8
Show them that you're moving in Kolkata or you have a lawyer/advocate relative in Kolkata . Don't show them that you want to pursue from Jharkhand.
You will need to fight in Kolkata court only.

Prepare an notice first, detailing all proofs and promises not fulfilled by the builder. Try to use complicated English. Address yourself as "Complainant" and the builder as "Defendant".
Prepare it, then I'll help you. It should look like a professional legal notice. Don't talk to them they'll not do.

Don't handover this case to Advocate!
 
#9
Expert said:
Show them that you're moving in Kolkata or you have a lawyer/advocate relative in Kolkata . Don't show them that you want to pursue from Jharkhand.
You will need to fight in Kolkata court only.

Prepare an notice first, detailing all proofs and promises not fulfilled by the builder. Try to use complicated English. Address yourself as "Complainant" and the builder as "Defendant".
Prepare it, then I'll help you. It should look like a professional legal notice. Don't talk to them they'll not do.

Don't handover this case to Advocate!
Dear Sir,

I have sent them the same mail captioned ' REMINDER 1' as sent to you in the first thread and hv written them that I'll be giving them two more reminder to reply to my mail,in case they fail to reply then I'll be bound to take legal action against them.

Regarding the 'notice' plz help me out as what and how to write.

your help is highly appreciable.

Thanking you
shashi bhushan:(
 

expert

Administrator
Staff member
#10
They will not react. Just send them legal notice and file it in consumer forum in Kolkata.

First please prepare a detailed complaint and all supporting proofs. Calculate total loss plus damages you've suffered due to tension and time(in lacs).
You should address the builder as "defendant" in your complaint.
 
#11
Sir,

Today (24-05-2012:09:35PM) I have gone through the Complaints by annu.sbs and the opinion offered by the Expert. I am expressing a few words (Request permission of Expert) regarding the modifications requested by annu.sbs.

The Apartment plan is approved by the Director of Town and Country Planning. Before going for purchase a flat, you should check whether the plan is approved by the competent authority and the undivided share of land (UDS) for your flat. The area of your flat is also to be ascertained from the builder. You should make an agreement with the builder regarding the cost of flat, specification of the building, mode of payment, period of construction etc before booking the flat. The UDS and the Area of flat is also to be mentioned in the agreement.

Any modifications requested by you and promised by the builder irrespective of additional cost is a verbal one and there cannot be a written agreement since all the modifications are deviations from the approved plan. The Town planning authorities will not accept the deviations.

So you cannot claim any legal rights for the deviations (modifications) requested by you. It is better to settle the flat as per approved plan. If you wish you can effect the deviations after you have purchased the flat. Of course with the co operation of the Flat owners association.

Rajgopalan
 

expert

Administrator
Staff member
#12
Mr. Rajgopala, I fully respect your insights.

But I also want to say that there is not much point to follow legally in India. Courts take years to complete. And it isn't a solution at all.

annu.sbs do you have written proof of modifications wanted to be done and money paid on behalf of that?

If I were you, I'd have called them at Police station, paid them little bribe and get case settled promptly. This is best course of action in India.

Threaten them to file FIR.
 
#13
Rajgopalan said:
Sir,

Today (24-05-2012:09:35PM) I have gone through the Complaints by annu.sbs and the opinion offered by the Expert. I am expressing a few words (Request permission of Expert) regarding the modifications requested by annu.sbs.

The Apartment plan is approved by the Director of Town and Country Planning. Before going for purchase a flat, you should check whether the plan is approved by the competent authority and the undivided share of land (UDS) for your flat. The area of your flat is also to be ascertained from the builder. You should make an agreement with the builder regarding the cost of flat, specification of the building, mode of payment, period of construction etc before booking the flat. The UDS and the Area of flat is also to be mentioned in the agreement.

Any modifications requested by you and promised by the builder irrespective of additional cost is a verbal one and there cannot be a written agreement since all the modifications are deviations from the approved plan. The Town planning authorities will not accept the deviations.

So you cannot claim any legal rights for the deviations (modifications) requested by you. It is better to settle the flat as per approved plan. If you wish you can effect the deviations after you have purchased the flat. Of course with the co operation of the Flat owners association.

Rajgopalan

Dear Sir,

Appreciate your valuable advise.

Agreeing to all what you said,two points needs to be focused here:

1) How cum three flats in the same building has undergone modifications?

2)In my first thread the copy provided of my mail to the developer, I am not requesting the developer to modify the my apartment instead I have raised some question which they are not replying. I need the answer to that.

Thanking you
Shashi Bhushan:(
 
#14
Hi,

You said that the builder had modified three flats in the same building. This doesn't mean that the builder has to modify your flat also. The modifications done in the three flats are deviations from the approved plan and at any time they can receive notice from the authorities concerned.

In the second para you said that they are not answering your questions or queries. It is not known whether you had signed an agreement with the builder for purchase of your flat. Only on seeing the agreement "answer to your questions can be arrived". Also you have not mentioned "what is the price of your flat?".
How much you have paid? How much you have paid extra for the modifications? Have you completed the payment? What is the present stage of apartment and your flat? Whether it is completed or not? Nothing is visible.

If you have not signed an agreement with the builder for purchase of your flat I have to say that "you are helpless".

Rajgopalan
 

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