Cheating and Coercion on various fronts

Sub: Registration and possession of Flat no 105 & 106 Tower 02 at Uniworld City – Vistas, Kolkata

Customer Code no UV445 and UV466

We purcheased two flats and a shop space from the company Bengal Unitech Universal Infrastrcture Pvt Ltd in June 2010. We have paid full amount and got the property registered in our name under protest and several points already intimated to the company.

With deep regret and agony we are writing this complaint. We have some serious observations on the performance of the company and we make its each officer and teh company severally liable to pay us the compensation for the illegal acts which can even be equated with gross cheating / fraud as well as the harassment that the company and its officials are causing to us. It has not allowed full compensation for the delay in teh delivery of the property to us. It has over charged for monthly maintenance as well as electric substation and teh gas pipe connection. No provison for direct electricity connection has been made.

The company has over charged onvarious fronts including the car parking space sold out of teh common space which belongs to us as per the agreement.

We visited the property first on 22nd June 2014. The finishing was incomplete and we carried the photographs with us as evidence. We also found that there were many defects in fitting of the tiles on the wall and the floor which was substandard and not even of road side developers quality, floor tile and glasses were broken, locks used are of iron and already got rusted (no one uses such locks in residence which is worth almost a crore), doors are not closing, locks are not getting closed – and the list goes on.

Finally we were informed that the units are complete and we therefore fixed 2nd August 2014 for getting the units registered in our name. Once again on 2nd August 2014 we found the following deficiencies:
1. The doors are still not closing. In fact the quality of the material used is sub-standard. The commitment was made to replace them within 2/3 working days and rightly so. Intimation on this is still awaited from the company. In fact the material used is not the worth for the purpose. Even if replaced the doors will again go out of shape as is already reflected in the present ones. If the quality is good it will last for the life as I can see them in my present residence where I am living for last 25 years.
2. The locks are still rusted and again of the quality not worth the purpose it is meant for. Intimation of their having replaced is still awaited
3. Even after paying all the dues including around Rs 80K for electricity our units are still without electricity connection.
4. Even having paid for the gas pipe line and connection we do not have the gas connection yet.
5. The tiles need to be re-fitted properly using standard / proper labor and skill.
6. In order to deal with the formation of the maintenance association, we were forced and coerced to sign the Power of Attorney in favour of an individual whom we do not even know. We clearly submitted to your people that we will appear personally and attend all the proceedings for the purpose and if we are not present we should be marked absent and hence will abide by the decision of the majority. In fact Unitech is getting into an illegal approach by putting up a person of its choice who will sign on the dotted lines asked by Unitech as we have also been coerced to do so. This is unfair and appears that Unitech wants to keep maintenance in its own hands and not willing to hand over the same to the owner’s association. We have requested to return the POA signed by us under coercion bu no reply has been received from your end. Mails sent by us on the matter are attached for reference.
Why should we pay the maintenance charges unless the units are made available to us I habitable condition with electricity and gas connections at all?
We have not even been provided with the detailed break-up of the maintenance amount charged from us for 3 years (around a lakh of rupees). The entire extra amount is liable to be refunded with interest as such forceful collection without audited break up supported by calculation and proper supporting documents for expenses incurred by Unitech. We have not even been provided with the list of other co-owners with whom we are supposed to form the association, live with and share the expenses.
7. We were told that the original registered documents will be given to us in next 10 working days. We are yet to receive them.

It may please be noted that the approach of the company and the delay is illegal and causing us harassment and we are debarred from using our properties for which we are entitled for compensation apart for the costs reimbursement for the replacement of substandard materials and labor used by you. If I do not receive a proper commitment and get the replacements with the end of this month I will move the Consumer Courts for justice seeking the personal appearance of all the directors and officers at fault.

Last but not the least, please note that we have audio/video/photo recording of all what has been stated above and can be produced for evidence at any forum required.


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