Telephone: 9619952042 NCC Directorate, Maharashtra
AFI Building
Bombay Hospital Lane
Dhobi talao, Mumbai -400 020

46763/A/NCC/72 28 Aug 14

Public Grievances Cell
Govt of National Capital Territory of Delhi
New Delhi -110001

VIOLATION OF AGREEMENT AND UNLAWFUL PRACTICE
BY RAHEJA BUILDERS

Dear Sir,

1. I am a serving Indian Army Officer posted in NCC Directorate, Maharashtra, Mumbai. I had booked a apartment with Atharva Project, Sector- 109, Gurgaon on 12 Feb 2008 a project of Raheja builders Ltd, 406, Rectangle -1, D-4, Saket District Centre, Saket, New Delhi after putting in my complete life’s hard earned savings. I was allotted flat no C-401 by the company in Atharva Project. I have made full payment of Rs 76,85,466/- to Rajeja developers . This includes Basic sale Price, PLC, EDC, IDC, IBMS, Parking and club Membership. I have even paid the Service tax charges which state Govt had recovered from Rahejas wef 01 Jul 10 and the company had passed it on to the buyers. Raheja had added additional Adhoc Charges of EDC/IDC of Rs-1,46,315/- in the final demand letter, which has also been paid by me. I have not paid Rs 412500/- as registration charges which the company is insisting since apartment is not ready and not handed over to me, so question of registration does not arise. Registration of the apartment is the responsibility of the flat owner, builder asking money for it is illegal and threatening to charge interest on it is totally illegal.

2. The company has been Violating the Agreement , all norms of industry and following unethical and unscrupulous practices ever since booking of apartment some of which are enumerated below :-

(a) Location. The site location marked and shown by the company representative while booking of apartment was on main Palam Vihar Road, but now the project is being executed at a location 1 km away from the road in the interior where there is no road connectivity.

(b) Project Sanctions. Rs 16,17,906/- was taken by the company at the time of booking on 12 Feb 2008 with promise that the flat will be handed over in 3 years time. Subsequently, I came to know that the company could not obtain mandatory sanctions given below which delayed the project. Interest should be paid on above amount since the clearances were obtained in end 2008:-

(i) Project plans were not approved by HUDA.
(ii) Environment Clearance was not taken.
(iii) Layout plans/site plan were not sanctioned.

(c) Agreement. Agreement is allegedly signed on 12 Sep 2008. Agreement cannot be signed till project plans are approved with site plan. The Agreement signed was notional and was signed for plan consisting of blocks of 18-20 floors each. Subsequently the company could obtain sanction for 12 floors only. Thus the agreement is null and void.

(d) Payment Plan. In Annexure ‘A’ (Payment Plan) of the Agreement the time plan of payment schedule is given. Initially when the company could not get the mandatory sanctions and project could not take off on ground, the company took payments as per time schedule till 11th installment on 28 Feb 10 and subsequently it got the sanctions and structure was erected with full speed and company started asking installments as per floors constructed, without giving any notice to buyers.

(e) Allotment. Allotment was done in 2008, even when project plans were not sanctioned by HUDA. Only 50% flats were available for allotment, since as per company officials the allotment to NRI’s had already been done. Preferential allotment was given to the NRI’s by the company which is not acceptable.

(f) Service tax. Service charges are being levied by the govt. from the builders/promoter with effect from 01 Jul 10. The service charges were to be paid by the company but Raheja builders has passed on complete burden on to the buyers, who are now paying service tax for the services undertaken by the builders. This is not in order without taking buyers into confidence.

(g) Amenities & facilities The company had promised exclusive amenities and facilities like a private club, swimming pool, gymnasium, tennis courts, spa & steam sauna, primary school and shopping complex, 24 hrs power back-up etc. The company has now undertaken another project Shilas in the same complex and has shared the facilities of Atharva Project with Shilas Project. As per Supreme Court ruling in a case of DLF, the court has ruled that central spaces are property of the residents and the company cannot use these for their profits.
The company has taken Rs 50,000/- as club membership but only piles of sand and mud exist on the spot where these facilities were supposed to come up.

(h) Possession. The possession of flats was to be given in 36 months, now more than 72 months have passed and possession of completed flat has yet not been given to me. As per Article 4 clause 4.2 of the agreement “If the company fails to complete the construction of the said building /apartment within thirty six(36) months from date of execution of agreement the company will pay to the allottee compensation @ Rs 7/- sq ft of the supper area per month for the entire period of the delay”. As per Supreme Court ruling developers can launch projects only after obtaining all necessary infrastructure sanctions from the State Government.

3. The Company is now forcing buyers to take possession of incomplete Project. I visited Atharva site and my apartment and I brought following observation to the notice of the company:-

(a) Incomplete Project. The project is not even 50% complete. Only piles of mud are there on the ground where the company had promised exclusive amenities and facilities like a private club, swimming pool, gymnasium, tennis courts, spa & steam sauna, primary school and shopping complex, 24 hrs power back-up etc which are not there on ground. Only 04 block are offered for possession. There is no approach road to the project.

(b) Electricity. The was no electricity provided from state electricity board . Only a line of low capacity was provided for construction purposes which is not sufficient to run the lifts, AC etc. Even your engineer and representative on site were sitting without AC and there was no fan in the room.

(c ) Sewerage and Water . No sewerage and municipal water supply is available to the project. The sewage treatment plant installed cannot take the load of complete colony. The treated sewage has to be disposed off in the main sewage line and not stored in residential area. You cannot work on the premise that sewage will be connected in future, till such time it will keep piling, making the area inhabitable.

(d) Damage and incomplete flat. The flat is having broken windows, door of master bedroom is cracked and cement is broken from all sides. There are 1000 kg crane pipes in No 2 bedroom they are jutting out of the window. These pipes have damaged the floor and windows both. The drainage work of No 1bathroom is not complete, the drain pipe is protruding out and sieve is required to be installed.

(d) Fittings and fixtures. Fitting of showers, AC’s, Modular kitchen and other fittings have not been done.

4. Atharva Project does not have basic living facilities including electricity, sewage and water .DHBVNL electricity licence, Sewerage and municipal water supply are not available. Statutory clearances like fire NOC, CCE licence and completion certificate from HUDA have not been obtained.

5. I had invested in a so called good company thinking that they will be fair and just but that was not the case. The company is forcing me to take over incomplete apartment and threatening to cancel my allotment when I have paid 100% amount that was due and also the price escalation.

6. This arm twisting by the company has caused me mental tension, stress and extra financial burden. I would request your interference to resolve the matter and issue necessary directives to Rahaja builders Ltd to complete the project including the promised facilities and not force us to take over the apartments without electricity, Water and sewerage. Also the company should pay interest for the 36 Months the project is delayed.

7. Thanking You,

Yours Sincerely,

xxxSdxxx
P S Bhinder
Lt Col
Copy to:-

Public Grievances Cell (GOVT OF INDIA)
Sardar Patel Bhawan
SansadMarg
New Delhi – 110 001

Mr Naveen M Raheja
Raheja Developers Ltd
406, Rectangle -1, D-4
Behind Hotel Sheraton
Saket District Centre
Saket, New Delhi – 110017