Possession of Flat No. G-601 Corona Optus

[Shiv Solanki]

Dear Sir,

As you are aware that We have taken our flat and registry has been done on 16/03/2018 whereas I deposited your all demanded dues in the month of February 2018 i.e. you took approx 1 month to register the flat.

 Kindly, take suitable action to make my house living worthy and also provide all items as per BBA and Brochure in the house as well as in the society Corona Optus.

1- No exhaust fans provided in any of the wash room and kitchen.

2- No acrylic paint on walls of the house done.

3- No solar water heater provided in G block hence either the construction not completed yet or the common facility provided is not at par with other towers. The maintenance charges rate taken should not be the same for all towers.  You are providing clean energy to other towers but not to my tower. Again common facility discrimination with me.

4- Many panels near electric meter are missing.

5- No intercom provided to any of the houses.

6- No proper gate and boundary to enclose our society area provided.The site map shown in brochure is not followed and hence construction completion certificate is doubtful. A copy of the certificate and the plan submitted and finally cleared by authority needed to be displayed/provided. I feel still you have litigation on the Revenue road which passes through our society and hence you are not able to construct entrance gate of the society and Basai village people are free to enter our society. Please clarify for the sake of our security.

7- The charges like service tax and car parking charges are beyond regulations.

8- Club facility, swimming pool and Gym space and equipment are not commensurate with the number of flats build by you. These are in contravention to the promise made through your brochure in terms of adequacy etc.

9- Size of parking is much less than the requirements, it should be more than 8' x 16'.

10- Basement parking is having lot of water seepage, accumulation of water and it is stinking since lot of dirt and dust has been accumulated in the basement.

11- All the area side of the roads has been sold out as open car parking hence no green/open area as promised 75% is available.

12- No area block wise defined for guest parking.

13- Security guards do not have proper place like guard room and barrier along with intercom facility to inquire with resident for allowing the guest or not.

14- No park has been fully developed yet. There is no place for children and senior citizens marked and developed.

15- Your maintenance agency, through your dominating position pressurized under signed and has extracted maintenance charges for the period from October 2017 to March 2018 without my staying in the flat which needs to be returned to me since a number of common facilities are under development. But you did not go for registry until I paid the charges as demanded by your agency and you. The wash rooms were not working, there was no water taps provided nor the electrical system found functional on the day of taking over the flat. You have charged development charges in place of the maintenance charges.

16- The quality of the material provided is very low as bricks, cement work on walls, tiles and glass work etc. Glasses of doors may hurt any body if they break and fall on some one. These are not tempered or treated one. Doors frames and the walls are not perpendicular, these are inclined and even after lot of working these are not coming into shape. Please look into the matter yourself.

17- Late offer of possession not considered even as per BBA which was done after 1 year of my booking. This BBA was not having many conditions at par with Brochure and observed to be one sided. Many mails were written to GOWO and builder but no out come in my favor came and I have to fall prey to the builder to take the house for which I paid my life time earnings.

18- As has been observed that the lifts are not working properly and free fall of the lifts have been reported at number of occasions, recently on 11/04/2018 where G block lift had the free fall. 

19- Many unwanted paras have been included in the sale deed with which govt. has no relevance and need to include, like builder can continue work of construction and flat owner will not object to it etc. It is a sale deed not an agreement. The sale deed is defective as it is one sided.

20- Super Area of the flat has been increased without increasing the carpet area of the flat. You have exploited the rules and helplessness of like me people and has increased the area of the flat unilaterally with out giving any justification.

21- The TV connection points are provided but no internal cabling is done and same is the case of the telephone and intercom.

22- No handles provided in the balcony doors from balcony side to pull open the doors.

23- The lighting and blower system of the basement parking illuminated by the normal power supply/DG power which should have been made on the clean energy i.e. Solar Power but builder has sold all the open area as open car parking. 

24- Where is our IFMC which is charged at the rate Rs 50/sq.ft.? Please provide the details of our Interest Free maintenance charges, where it is being utilized and who is using the interest of it?

25- There is no piped domestic gas supply as promised in your brochure.

All these observations are made during the visits of the house for making it living worthy, there may be more points if found during the living will be intimated separately.

Please make a note that undersigned  have signed the sale deed and all other contracts under pressure of yours' dominating position since I paid with the trust on you my whole life earnings and waiting for your mercy to give me possession  of the flat which also we have to take as per your terms only not as per rules etc. 

In view of the above your good self is requested to consider my above points and take corrective action under intimation to undersigned.

Regards

Shiv Ratan Solanki

G-601

Corona Optus, Sector-37C

This is the mail I wrote to the GOWO on Sun, Oct 4, 2015 at 12:10 PM in response GOWO mail  Thu, Oct 1, 2015 at 1:40 PM.

Dear GOWO Team,

Even the property dealer sitting in a small office ensures the promises made during the sale of flat to buyers are fulfilled but GOWO has failed miserably in this regard and is pushing the buyers to a corner on the terms of the builder in the name of many things like BBA etc. GOWO is not looking back at its brochures published and promises made during the sale of flats.

Anyhow, apart from the issues raised in trailing mail I am trying to put forward the following more issues for consideration. The action in the matter may please be intimated.

1. As per brochure BBA after 10% payment but done after about 1 year and after taking about 11 lakh.

2. Possession time as per brochure was 30 months + 6 months after 10% payment. But in BBA it is made 36 + 6 months and that also not met.

3. Rs. 35 psf for external electricity , no mention in brochure but BBA has this amount.

4. Super built up area of flat & orientation & direction changed from 1690 to 1720 sqft but carpet area indicated in the layout decreased. It is pertinent to mention that as area increased the cost amount was raised in same proportion.

5. Common passage is very narrow. When super built up area increased then carpet area of flat and the passage etc. must have been increased.

6. Car parking in brochure was given as Rs. 1.8 lakh whereas after booking it was changed to Rs. 2.5 lac.

7. Last installment taken but roof and wall works still pending, plumbing work is also at half way.

8. Doors, Windows pane, lifts common space etc. not done.

9. GOWO has charged heavy fees without providing any service.

10. GOWO promised for 75% green area without construction does not seems to provide the same.

11. The BBA is totally one sided and we were compelled to sign after one year since the market rate were inflated by that time and flat cancellation charges will be deducted.

12. Kitchen slab height is less than the standard.

13. All installments have been taken in advance.

14. As per BBA builder will charge 18% interest for late installments but pay only Rs. 5 psf per month if delayed more than 36 + 6 months which is not rational and often threatens to appear in court of law at Chandigarh because delay is not as per his schedule but because of HUDA.

15. Club, nursery school, shops etc. nothing like these structures have come up or even started to construct so far.

16. No receipts of service tax is provided.

17. Land clear for all construction as done is approved by the all appropriate authorities, have not been provided even number of e-mails sent to builder and GOWO for the same.

18. There is no commitment in BBA for proportionate area of land to us.

19. There is no dimensions of car parking provided in BBA and no assurance of correct dimensions is given by GOWO.

20. No plan of the park in line with HUDA regulations provided.
The above all points are for consideration and necessary action, also intimation in this regard requested. No probable date for delivery of G block is indicated.

Thanks & Regards

SR Solanki, G=601

Gowo Society <gowo.society1@gmail.com>	10/1/15
to gowo-gurgaon-2, bcc: me

Dear Members,

Further to our last email dated 28 Sep 15.

 

1.     The legal process with the builder was initiated in July 15 by way of a letter (Copy attached). There was no reply to it, only meetings and verbal assurances from their side. Even now we are not getting the response from them in writing and no firm dates for handing over tower wise possession. The revised dates of possession cannot be committed by us and we have to get these from the builder.

 

2.     The legal notice is now under preparation and initiating a legal matter with the builder is a time consuming process. It has to be well coordinated and planned. There is a team of lawyers working on all issues and the first notice signed and sent by the lawyers sets the pace for the entire legal process which can last for years. The paperwork goes back to 2009 and 2010 and it is not a task that can be done in a hurry. Some members feel that if they push us hard we will react in haste but that is not the way things can be handled. There are many entities involved and these are financial and legal matters that need to be well deliberated. Legal matters take time. They sustain not on emotions or inferences but only on hard facts.

 

3.       There are only 2 copies of BBAs. One is held with the builder and the other with the buyer (or bank). After the BBAs were signed, there was direct communication from the builder to buyers and vice versa. The letters sent by the builder were not addressed to GOWO. Some buyers have multiple smaller issues like certain alterations, additions, even structural changes etc.  If we take up these issues with builder then the builder will easily pass on the responsibility of delay onto the individuals. It is our suggestion, that these be taken up individually with the builder on possession and some after possession by the individual, after he confirms from the builder that there will be no impact on the possession dates and the delay will not be attributable to the tower or his particular house, by the builder.

 

4.       We are verbally informed by the builder and never in writing - that in some cases buyers have made delayed payments for which the builder has charged interest. Very recently in one of the meetings, we were informed by the builder, that some members had met them and all issues have been resolved. While we encourage interaction between members and the builder, we are in the dark as to the outcome of such meetings. If any written or oral agreement or undertaking has been arrived at with the builder we should know about it otherwise all our efforts will come to a halt.

 

5.       The issues that are being taken up with the builder legally, are :-

 

·         (1)   Reduction of EDC / IDC charges, as per the current rates by Haryana Govt.

·         (2)   EEC - which was initially explained by the builder, at the time of signing the BBAs, as electric meter & installation charges.

·         (3)   Car parks - whether builder can sell or not.

·         (4)   In some cases, area has been increased for some apartments therefore consequential impact on costing & authority for the same.

·         (5)   Penalty for delay and adjustment in the final demand on  possession.

·         (6)   Intimation tower wise, about the revised schedule of handing over possession.

·         (7)  Adjustments of all above outstanding amounts in the final demand before possession.

 

6.       Members are requested to inform us of any points in addition to those mentioned above, that need to be taken up with the builder, by Tuesday 06 Oct 15.  Members are free to call / email us or visit our office on any working day.

 

Also, if some members are getting this mail twice, OR If someone does not want to receive these emails from us then kindly inform us.

 

 

 

GOWO Team

www.gowo.co.in