Complaint Details

Status	:	Closed
Complaint No	:	0030496/2014
Category	:	Real Estate
Date	:	29-06-2014
Subject Line	:	Builder forcing alottes to sign Affidavit on possession which is illegal
Complainant	:	CA Rakesh Kumar
Address	:	G013, 66 IP Extension, Agarsen Apts., Patparganj
Complainee	:	Krishna Infracon P Ltd
Address	:

Complaint Details
We allottes on possession have to sign Affidavit cum Possession letter which we all the allotees at Krishna Nakshatra Home are forced to sign. This letter should be withdrawn as it’s illegal and invalid.

I hereby file a complaint (as is self-explanatory from my below email to the concerned builder) as mentioned in my below email to which I have received no reply until now from the builder.

I seek an action on behalf of all allottes against the builder to stop this unfair trade practice against we consumers or the allottes as mentioned in below email.

Please do let me know if you need any further information in this matter.

Looking forward to your early action and reply in this matter.

Thanks
Rakesh Kumar


_____________________________________________
From: R Kumar FCA, CISA [mailto:sathi231@gmail.com]
Sent: Monday, April 21, 2014 4:03 PM
To: 'skgy14@rediffmail.com'
Cc: 'diwanschauhan@gmail.com'
Subject: Reg.: Unit 67A of Krishna Nakshatra Home, Haridwar./Your Affidavit cum Possession Letter dated 17/04/2014. /KIND ATTN. Mr., Hemant Khandelwal.


From: Dated: 18th April 2014
Rakesh Kumar
G-013, 66 IP Extension,
Agarsen Appts.,
Patparganj,
Delhi 110092.
Email : sathi231@gmail.com

To
M/s. Krishna Infracon Pvt. Ltd.
8-C, Vandana Building,
11 Tolstoy Marg,
New Delhi – 110001
Tel.: 011-45693999, Fax.: 011-45693996
Email: skgy14@rediffmail.com

KIND ATTN. Mr., Hemant Khandelwal.

Reg.: Unit 67A of Krishna Nakshatra Home, Haridwar.
Your Affidavit cum Possession Letter dated 17/04/2014. Sale Deed registration on 17/04/2014. Buyers’ Agreement executed on 28/01/2013.

1. The matter of the registration of sale deed had been pending since February 2014 for the want of finalization of registration documents, sale deed, contents of the possession letter and the affidavit which also you insisted that I would need to sign. Finally the sale deed registration was done on 17/04/2014.

2. Although before the said registration I repeatedly requested you to show and disclose me the contents of the possession letter and affidavit by my emails dated 01/04/14, 03/04/14, 05/04/14, 07/04/14 yet for some reason you kept it secret from me and never showed and disclosed to me.

3. However, to expedite the matter I went to Haridwar for sale deed execution and registration with full balance payment to be paid on possession as I was assured by you that contents of affidavit are as standard and simple and would be shown there. Accordingly, I reached your Haridwar office in the morning on 17/4/14. There also in spite of my repeated requests I was not shown the contents of the affidavit and possession letter. However, I was given the photocopy of possession letter and affidavit to read just at 2.40 PM and was informed that registration is to close at 3.00 PM.

4. Under these circumstances I had no other alternative but to sign it in whatever form it was given to me without understanding its contents. I was threatened that if I do not sign the said affidavit in the form in which it is, the sale deed will not be executed and
registered and I will not get possession of the unit despite of my carrying the demand draft for the full amount for registration. Moreover, you forced me to take the possession of unit as conditional to signing the affidavit, which is obvious from the fact that you titled the affidavit as ‘AFFIDAVIT CUM POSESSION LETTER’. thereby making it as mandatory in case possession is to be taken.

5. Later, after signing the affidavit I was surprised to find that the affidavit was being kept secret from me because many points of affidavit were contrary to the sale deed and buyer’s agreement and detrimental to the interest of the buyer where the responsibilities of the seller/developer are being transferred by you to the buyer at the last moment of possession by keeping it secret from him until then. This is all as obvious is not only with an intention to avoid and escape from your own responsibilities, negligence and deficiency in services as builder/developer but an attempt to transfer these to allottees.

6. All these kinds of practices amounts not only to undue influence and coercion but also as misrepresentation of facts since many facts found by me after signing the affidavit are contrary to the Government laws, buyer’s agreement and sale deed besides that these facts being kept secret from me.

7. Some of the major points of affidavit where deviations found are hereunder:

1) In the said affidavit you have made me to sign that I am fully satisfied about the designs, specifications, quality of construction of the unit and that I have verified/ checked all fitting and fixtures in the unit before taking possession which is incorrect as no completion certificate and occupancy certificate from the authorities specified as per law had been given to me until now. In the absence of this my statement in the affidavit has no meaning and is irrelevant as I have no competence to certify about the designs, specifications, quality of construction of the unit. And in fact it’s your responsibility as per law to give on possession the Completion Certificate and Occupancy Certificate from Competent Authority.

2) In the affidavit you have made me to sign that I have checked, verified and seen all the papers relating to titles of the property, N.O.C, approved plans and permissions etc. But in reality nothing has been shown to me until now. I request you to kindly send me copy of these documents at the earliest.

3) In the affidavit you have made me to sign that I am aware that the Developers have collected different prices from the allottees of the various units. Whereas in reality I am totally unaware and has been never informed by you earlier about any such practice.

4) In the affidavit you have made me to sign that I am aware that the part of the land exclusively allotted to the ground floor allottee is only the basis of right to use and not on ownership basis. And that the ownership rights of the terrace are with Developers only. Whereas the buyer’s agreement is totally silent of any such condition.

In the end I hereby state that I am not responsible for any of the contents of the affidavit as they are contrary to the Government laws so illegal, contrary to the buyer’s agreement and sale deed and signed by me under coercion, undue influence and by misrepresentation. Many of the points are your/sellers own responsibilities which you are trying to transfer to me/ buyer.

This letter is being sent to you by email, fax and speed post.
Thanking you.
Yours sincerely,
RAKESH KUMAR

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