unfair/illegal practices for not completing work by builder
Below is the notice i write to developer on this base kindly provide me best solution.
With reference to above, we are eligible commercial shop tenant in annexure II, Prepared under Slum Rehabilitation Authority Schemes and allotted by you in Shubh sarita Building, would like to bring to your knowledge that we all are understand till time you are intentionally cheated us from the project stared at CTS No. 1997 Shri Krishna Nagar. We have to address you as under:
1. We states that we has been discriminated in allotment of tenements under the SRA Scheme in which even though we so also were eligible for the allotments of tenements commercial. However we were arbitrarily deprived of the rightful allotments of tenements. As we being held eligible for the allotments and shown in Annexure-II. But you alloteed us illegal structure
2. We states that inspite of you all promising us that appropriate allotments will be made in due course; till date no steps are taken, That structure also not regularized by you, No electricity connection provided us for running business on which our livelihood are depend so far and is made to run from pillar to post which no result in sight. The details of illegal practice done by you in which we innocent tenants are cheated by you which intentionally done by all your collusion for getting undue advantages.
(a) We predecessor that we were in occupation of a commercial hut structure in the old hutment for which we were holder of a photopass, Shops and Establishment Enrolment Certificate and receipts for the payment of monthly compensation and other fees and penalty, but the allotment you provide us permanent commercial are not completed. Common water facility provided by you which is also not legalized. We have to pay 4 times more bill than our use which is also unfair practices. We are not very financially sound to bear such extra expenses which we are not using. We sufferings this thing due to your overlook this matter. These matters are not such small to overlook by you. Developer and Architect earn money by selling saleable flat than they have to fulfill the terms condition and projects of Rehabilitation tenant also. It’s are you duty to fulfilled. Logically and legally you can not overlook these matters.
(b) We stated that we got property tax letter from present Society to pay the taxes. But we not understand the parameter for paying property tax which issue we already raised to all you, but till time you not take any action on this. The survey arrange by you from Assessor and collector also not in proper way. Carpet area in unit wise ledger also not in proper way. In ledger Some shop’s carpet area are more than current using or allotted by you or some shop’s area are less than using. One structure of shop no: 11 are not mentioned in ledger which was allotted by you. Unnecessary we are getting pressure from Shubh Sarita Society and Assessor’s department. We are still ready to pay tax but you all are not helping us to regularize the same. Much more time we are spending on this issue so how we can run our business for our family lively hood. We all are Eligible Tenants from SRA Authority and it is your duty to regularize all issue. But till time all of you enjoying and overlooking the issue of tenant. You all are not having time to discuss with us for short out the matter. From beginning we are supporting due to this is rehabilitation projects but you all are exploiting us till time.
(c) This possession also we get from you That after lot of troubles and follow up you have now allotted a tenement in the newly constructed building under the SRA Scheme.
We have taken the possession of our commercial premises shown and noted the following:
(i) Only possession letter was issued to us in the name of eligible tenants and no allotment letter is still issued in respect of our Shops
(ii) No Agreement for the said allotment is still entered into as is required under SRA scheme in respect of above stated.
(iii) No electricity meter is installed and no copy of plans is made available. The NOC for obtaining electricity connection is still not granted to the shop allotees in respect of both (d) and (e) above.
(iv) The quality of construction is below standard. No quality inspection by the Executive Engineer was conducted. The plaster is coming out and within few months of allotment it has developed cracks.
3. We states that we even though eligible for commercial tenements and deprived of our legitimate rights, you all above in conspiracy with each other and for the benefits of you. We are eligible persons were not get there eligible rights because all you trying for the benefits of developers. We have sufficient documents to show that unfair practices were done to get benefit by you.
4. We states that we have suffered a lot and undergone mental torture and agony for putting us to the hardship and denial of our rights. If we are not getting Justices within 7 days from the date of receiving this notice to initiate such action in the Hon’ble Court of law for exposure of you all and to bring the high handed actions of commission and/or omissions in performance of acts illegally.
5. Under the circumstances aforesaid and further decision among us we do hereby call upon you all to that in the event no explanation is given by you all jointly and severally, we shall have no alternate but to approach the Court of Law for appropriate action as we will be advised needless to say at the entire risks of you all as to costs and consequences which you all may note most carefully.