Complaint Details

Status	:	Closed
Complaint No	:	0031097/2014
Category	:	Real Estate
Date	:	24-07-2014
Subject Line	:	Harassment and Fraud
Complainant	:	sadhna
Address	:	1342-A Rani Bagh
Complainee	:	TDI Infrastructures
Address	:	Vandana building, Upper Ground floor, 11 Tolstoy Marg, New Delhi

Complaint Details
Respected Sir,
Divine Greetings.
I am Mrs. Sadhna Jain working as Associate Professor, University of Delhi, Delhi). I booked a 4 bedroom flat with TDI, (Taneja Infrastructure Developers) in Kingsbury, Kundali, Sonepat in February 2006 in ‘Z’ block. I was given a KFL id which is 13342. Later, I came to know that due to some problems the allotted flat could not be constructed in the said tower. After lot of correspondences, exchange of emails, police complaint etc, in April 2012, I was asked to opt for a sky villa in V2 tower with number-1203, though I was never interested in it. I was told that the builder has sold all 4 bedroom flats and hence there was no possibility of getting the same again. Mr Amandeep Singh Gill, (GM, Post Sale) from TDI told me (in fact threatened me) to accept the sky villa at once, otherwise that will also get sold. I was shown a rosy layout of it. As an honest person I counted on their words. As a frightened, worried choiceless and helpless customer who had invested almost all her savings from the hard earned money to possess a house of her own, I accepted the offer as a last resort in 2012. I had to pay extra as the area of the flat got increased from 1930 sq ft to 2450 sq ft. TDI charged me Rs 2100/- per square feet though my booking amount was Rs 1600/- square feet. My repeated requests and inability to pay for the enhanced amount did not matter to them at all. I gave in to their unjustified demand in order to save the amount which I had already paid to them.
I had to take loan of Rs 25 lacs from a nationalized bank to pay for the extra amount. It was a construction linked plan. I was also handed over the layout plan of same sky villa of 2450 sq ft. I was promised that the house will be delivered to me in 24 months. I thought everything would move smoothly and soon, I will get the possession of my dream house. Here I would also like to mention that I paid all my installments on time as I did before.
At last, I received a letter from TDI Infrastructure LTD dated 22.4.2014 with subject, “offer of possession for your unit booked in “KINGSBURY FLATS””TDI CITY” KUNDALI SONEPAT HARYANA”(Pl refer to the letter attached). which again showed the dismal state of affairs at TDI’s end. I am having serious objections with respect to the summary of statements given to me which I have been reporting from time to time to TDI personnel through e mails and phone calls. Till date, I have not received any affirmative reply from TDI. Following are the anomalies in their letter of offer of possession:
1. The letter under the head, ‘Summary of the statement’ mentions that I need to pay RS 1,367,640.00/- towards Balance Payment though as per the annexure received by me from TDI office in hard and soft copy, I need to pay Rs 11,87,303.00/- only (pl refer to annexure). I have not received any clarification from their side till date about above mentioned discrepancy even after my continuous reminders.

The grand total cost of my flat is 51,95,625.00/- including EFFC, EDC and respective service tax. Mine is a construction linked plan and I have taken bank loan to pay the requisite amount. I made the payment of last installment (before possession) of Rs 2,74,910.00/- on 13.3.2014. The amount which I am supposed to pay at the time of possession is Rs 11,87,303/-.



2. I am compelled to pay parking charges of Rs 1, 25000/- though there is a Supreme Court ruling that a builder cannot charge money for parking space. The same was shown to them, but the effort has gone vain.



3. I am asked to pay CLUB MEMBERSHIP CHARGES of Rs 50,000/-, though I do not wish to avail club membership. As per TDI’s version it is mandatory.



4. TDI has asked me to pay Advance Maintenance Charges of Rs 18,583/-but has not specified the time period as yet even after repeated reminders.



To take stock of the work done by TDI, before taking the possession, I visited the house in recent past. I was taken aback by the dismal/ substandard construction and totally changed layout of the sky villa (V2-1203). Following anomalies were found with respect to lay out plan:
Anomalies with respect to change in layout plan
I was shocked to see the complete change in the floor plan of 3 BHK sky villa.The construction is not as per the lay out plan provided at the time of booking (Pl refer to the layout plan). As per the floor plan, the ground floor of the sky villa should have three small balconies ie one with the kitchen, one with living room and one with the master bed room and one big balcony adjoining dining area and one of the bedrooms. But the offered flat has just one big balcony adjoin kitchen and two bed rooms. The kitchen does not have counter for bar as is designated in the layout plan. To me, it looks that carpet area has seriously been compromised.
TDI neither ever informed me about the change in floor plan nor ever took my permission. This amounts to misleading the consumer ie me in this case. It is an unfair practice. I am the ultimate sufferer. The TDI is short in performing his part of contract. Executing a purchase deal with TDI has caused not only the financial sufferings but also the mental sufferings. My only fault was that I believed in the promises of the builder and made payments as demanded from time to time.
I really do not know on what basis, the flat has been offered for possession when it is not at all ready for possession? The TDI is trying to deliver a house that does not comply to the specifications agreed upon, not providing free parking space, delivering poor quality construction, changed layout of the house etc. There are deficiencies in service, improper amenities, pipe leakage in some flats, sub standard construction, no entry gate for ‘V’ block, corrosive pipes, improper drainage system, no completion and occupation certificate. Though their letter of offer of possession says, "The basic services and infrastructure is ready". TDI has not delivered the flat with in the agreed time limit. TDI has taken more than the required time to finish the work which has incurred huge financial losses to me. More than 8 years have passed since the booking of flat in February 2006. I have to pay enhanced service tax, EDC and EFFC because of delay on their part.I have deposited 90% of the total cost of the flat (Rest 10% is to be paid at the time of possession) and flat is still not in a condition of possession. The TDI has made false and misleading promises about the condition of the house and has led to the denial of the facility or benefit to which I was entitled. I feel cheated. The possession of flat in the above mentioned conditions is not worth my money. A lot of work needs to be done in the flat before handing over it to the owner (Sadhna Jain).
There was almost nothing in the name of the proposed specifications. I am corroborating my findings with the pictures. Please see the attached pictures to assess the gap in what was being promised and what has been delivered to me. Following are some of the deficiencies in relation to the proposed specifications and quality of work:
1. Absence of Acrylic emulsion paint on walls of the sky villa including kitchen

2. Absence of laminated wooden floor in the bedrooms,

3. Absence of modular kitchen on the walls,

4. Absence of switches , cable network and gas pipeline

5. Substandard quality of internal doors

6. Absence of bathroom fittings

7. Absence of space for plantation on terrace

8. Absence of splash and shower on terrace

9. Absence of bar be que, dressing room on terrace

10. Absence of railing on terrace

On the top of above deficiencies, TDI’s offer of possession letter mentions that Common Maintainence Charges @Rs 2.25/sqft/month+Service Tax @ 12.36 will start from the date of offer of possession'. I am asked to take possession of apartment with no electrcitiy, water and sewage disposal arrangement and without specified infrastructure.The flat should be offered for possession after completing all the work.
TDI is minting money from its customers through unethical means. How can a family live under such conditions? These are basic amenities to be offered in the charges. TDI should carry the unfinished and remedial work as a priority. You are requested to remove the defects and then send a fresh letter of offer of possession. TDI has once again breached the trust and contract with me.
I have requested TDI to furnish the information on following points, unfortunately again it has gone to deaf years


1. TDI is requested to specify the dimensions of each and every unit ie thebedrooms, kitchen, balcony, living room, dining area, passage etc. Please also specify the ratio of super area and carpet area of the flat along with the area of the terrace and constructions on it. Please specify the quantification of carpet area. To me, it looks that the carpet area has been compromised. I intend to get the dimensions of the flat cross checked by the lawyer, architect or an evaluator to determine the correctness of the purchase. If the area is less than the mentioned area, you are requested to refund the extra amount.



2. You are requested to ensure the quality of construction and work by providing warranty.

3. You are requested to give the possession of flat completed in all respects along with completion certificate.



4. You are requested to share the copies of documents, certificates, licences, applications submitted to authorities; break up of exorbitant maintenance charges, miscellaneous charges, complete status of applications for water/ electricity/ sewerage connections etc. I am asked to pay the Registration Charges but am not sure whether all requirements for applying for registration are fulfilled by TDI and I am not subjected to illegal occupancy.



I have had let TDI know my grievances time and again but have not received any communication from your side which is very annoying to me. My emails remain unreplied. No relief has been provided to me by TDI till date.
As a last resort I am writing this letter to you with the hope of speedy relief. You are requested to look into the above mentioned grievances at the earliest to ensure justice.
Thanking you,
Yours faithfully,
Sadhna Jain, (Associate Professor, University of Delhi, Delhi)
KFL Id 13342
Email id: Sadhna.009@gmail.com
Handset: 971111014 (Self), 9811183007 (Husband)
R. Address: 1342-A, Rani Bagh, Delhi 110034

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