Below is the complete story- during the time of Possession and Before Possession.
In our country, owning a house is the ultimate dream of a
common man, and there are enough people promising to make his dream come
true.
And after Lot
of search I found –SOMDATT LANDMARK IN SECTOR -116, MOHALI. Due to its
1-certification of ISO 9001:2000 (known for quality).
2- Sample flat
are very good, using top brands in it and make me promise for the same will be
done in actual flat.
3- World ranking 108th showing on its
website.
4-launch some international project like a hotel in
Bangkok.(seen on internet)
So I decided
to go with this company.
I pay Rs 35,95,318 for this flat 2BHK( Ruby-6-403)
From my
childhood I always see a dream that.. to have my own house. After searching,
So I booked a flat here on 11th
of June2011 with post-dated check of 14 June2011 with the 10% amount of basic
price. And they commit me to deliver the flat in the mid of August2011. Because
construction was almost done. Only the wooden and finish work were pending at
that time.
As there was only one month in between. So on
alternate days I visit my flat regularly, to check about the progress done in
flat.
I noticed that, No body showing any interest to take care of work in flat. I verbally complaint alot. But they always make fake promise with me. Every time a new person came in front of me, and asked for the complaints, and commit with dates. But after those dates, No change did in flat.
Then I decided to communicate in emails. In starting I don’t have any email address of the builder, so I did email to the employee of their marketing partner(Monga Realotrs) who sell the flat to me[person name is Mr. Rohit chopra and Mr. Rajvinder].
The First Email I did- on 28July-2011 with snaps and
list of complaints.
Lot of emails I did. When I visit to my flat, I complaint to the peoples Like Hansraj, Sanjay. They promise me, but I never understand them, they always make me fool. And No action were taken by them. After the visit, i reaches my office back- and again compose a new email. This cycle runs again and again.
All Email History- is Attached- -Find in Annexure 2
& 3.
I did lot of email, but no one was ready to reply.
Company sends me a letter of formal offer for possession on 2nd of August 2011. And In that they clearly mentioned they will charge penalty at the rate of 18%, if i would not clear all payment in 15 days.
Now Flat was
not ready, and received a letter for the payment with the penalty. On site on
one ready to work in flat. In Delhi office they are not replied of emails, and
made false promises for solution on phone. Think What would be the stage of my
mind at that time
But It was not over here, It was just starting of my bad fortune...On the Site there is one more person Sanjay(Local Staff member Employee at Somdatt Builder) –he told me to make all payments clear and the work in the flat will be continued later too. But one more person Mr.Rohit Chopra told me that, sir i will handle the situation for some days. But you try to make payments asap. I talked to bank to release the loan, so that I would be able to make the payment for the flat. Now Bank told me, He will not give me the 5% payment of the loan until I submit the registry to the bank. And then Sanjay told me that, they will not do the registry until they got whole Payment.
Then I talked to higher authorities of the bank and told about my story. On the behalf of an affidavit (in which i shown a commitment to submit the registry within 15 days, then bank agree to give whole payment. Then I made whole payment to the builder.
But before registry, Sanjay (Employee of somdatt) told me, i need to sign the rest of papers Like Possession Letter and Maintenance Agreement. I HAD NO WAY..... AND just did the registry after signing the documents of the builder....
I know here they did nothing in flat.
And did the registry on 09 Sep 2011. For the same a main page copy (because of lot of pages it have) is attached in Annexure-6.
As per company commitment, they gave me possession in August. So i already gave a notice one month before to my landlord where there i was live on rent.
In Sep2011. Registry Done-Flat Not ready- I am without Home (Just leaved
the rented home)
I just did up-down
from my home town Patiala daily during that time.
Lot of physical/mentally tiredness too. Almost 4 hour journey i did daily with my 10-12hrs job.
At a very later stage of the month, they did some work in flat, after throwing a email to the company. In which I threaten them to move to media now [dated
24-sep-2011] check this Annexure-6. . After this email I got a call from Mr. RS Sharma from Delhi office. He said please send me the List of all issues which you have, all will be corrected in couple of days. Now The New person comes in picture Mohinder Singh. I just wrote one email again- with a list of issue. Which I did always.
Then they did some work ... at least it seems
–Just I start to live in the flat.
But
In My First
Email I write to clean toilet- but till now they never cleaned toilets. Think
toilet become hell. This shows how much they take us seriously.
On 28 Sep 2011 – it was about 6pm.
I came with my Luggage but Sanjay not allowed me to enter in my flat. They said first sign the List which you send in email of issues and then enter. I just request them; please allow me to keep my luggage in my flat. I will be sign on next day. BUT – I called to Sharma who was sitting in Delhi- He also did nothing....They blackmailed me. The
company, his employee Sanjay- all persons just hurt my SOUL. I told about this to the company via email on same day, but as always No Result. [Annexure-2 & 3]
Next
Day(29-Sep-2011)
I first signed partially that list, and then they allow me to keep my luggage. What i seen their- the toilet was not clear. They smelled like a hell. They just try to clean them, but they were not succeeding to clean it 100%. Even they damage the toilet seat. After that I talked them alot, alot means alot, many times I took leave from my office, many weekends I stay here, so that the work can pushed by the staff. But they never did.
They continuously
tortured me.
-After all this story- As I was living in flat- then
the more issue will come-
Like
Title are loosly fixed
Bedroom Aluminium doors are not capable to handle the strom and not climate proof. Air, dust, rain entered.
Lot of previous issues were not fixed. Seepage in the
flat.
I reported all issue to HansRaj, Kulwinder, RajBir,
Sanjay, Mohinder. But they came to listen, but never came to fix them.
I am just harassed and tortured by these guys
specially RS Sharma(from Delhi know all these). Actually RS Sharma used his
position to cool down us; he was showing fake CONSOLATION
towards us
They never come in my flat to fix the problem.
Finally I thrown a clean cheat email – In which i discussed issues and tell them what action i will take- like I will write blogs, I will to media......many mores...
Just on 15 April 2012- my neighbour Mr. Sanjeet(from jammu) from flat 502-
he told me to talk at least Harpreet(Employee of Somdatt). Harpreet come in my flat- and he seen the flat- and said- how the company gave the possession of this flat. He suggest me talk to Sharma(From Delhi) at least once. RS Shrama have to come from Delhi in the current week. I said ok- as u said- i will take this chance. On dated 20 April2012- I was waiting since 2 hours for Sharma.
And he is moving
without looking at me, and i called him- Sharma ji – i am waiting for you
n
Nobody can Imagine What he said—
Kitni baar tumhe satisfy Karu.
I just felt insulted.
I still talked to him on that day. I asked him to come in my flat. And check the condition. But he refuses to enter. He asked to other Sharma- to come in flat and note the issue and resolve them. I want quality work—I want answer why they did not fixed my since long time.
In first
Quarter Oct-Dec-2011
They charging us-Rs 6200/- for this quarter, and what they give-They gave nothing to us even security. Two times petrol were stolen from my scooter. And many time THIEVING
happened in the society. I report them, but they do nothing, they said, we have
only two security guards, and we need also them for the security of the site.
Until flat
becomes in perfect condition. So I want my maintenance bill to be refund.
I paid
Rs-12400/- for the maintenance.
Company appointed such a staff here on the site, who never know how to deal with the peoples, they just behave like they are doing just favour(ehsaan) on me.
We face any
problem but to whom we complaint. Company seated in Delhi. They never response
to our emails. Local staff not hearing us. I am so much disappointed from the
staff and the company; they just gave me pain physically, mentally. They
mentally/physically harassed me.
I just invest coming 20 years income on this property.
And What I receive from the ISO 9001:2000 Certified Company.
I know, it’s not possible to return my
dignity/respect, but I want the compensation from the company for the same. In
terms of money and change the staff and appoint new peoples on concern of
society peoples.
Company Misguides in many ways to the:
- Always staff told me to talk some different person
and the whole story will repeat again and again.
- Company gives the email address on the papers to
contact them. But I never received any reply from them.
- Company is: ISO 9001:2000 Certified Company.- But
they are NOT giving the quality as per their
standards. By
their certificates, they just make the peoples fool.
- They did my work only one time, when I threaten them
on email 24-sep-2011, in that I written I will go to media and tell about your
quality.
- If peoples facing any problem- They complaint to the
staff, they just rotate the peoples in between and them, and if they did-they
did it partially and in a poor way.
I
just want to say here, that such a company is dangerous for our country.
BUT
Now-after so much insult—ignorance- by SomDatt Builder
I
decided to Move for
District Cosumer forum.
THE CONSUMER PROTECTION ACT, 1986
INTRODUCTION
The industrial revolution and the development in the international trade
and commerce
has led to the vast expansion of business and trade, as a result of
which a variety of consumer
goods have appeared in the market to cater to the needs of the consumers
and a host of services
have been made available to the consumers like insurance, transport,
electricity, housing,
entertainment, finance and banking. A well organised sector of
manufacturers and traders with
better knowledge of markets has come into existence, thereby affecting
the relationship between
the traders and the consumers making the principle of consumer
sovereignty almost inapplicable.
The advertisements of goods and services in television, newspapers and
magazines influence the
demand for the same by the consumers though there may be manufacturing defects
or
imperfections or short comings in the quality, quantity and the purity of the goods or there may
be deficiency in the services rendered. In addition, the production of
the same item by many
firms has led the consumers, who have little time to make a selection,
to think before they can
purchase the best. For the welfare of the public, the glut of
adulterated and sub-standard articles
in the market have to be checked. Inspite of various provisions providing protection to the
consumer and providing for stringent action against adulterated and
sub-standard articles in the
different enactments like Code of Civil Procedure, 1908, the Indian
Contract Act, 1872, the Sale
of Goods Act, 1930, the Indian Penal Code, 1860, the Standards of
Weights and Measures Act,
1976 and the Motor Vehicles Act, 1988, very little could be achieved in
the field of Consumer
Protection. Though the Monopolies and Restrictive Trade Practices Act,
1969 arid the Prevention
of Food Adulteration Act, 1954 have provided relief to the consumers yet
it became necessary to
protect the consumers from the exploitation and to save them from
adulterated and sub-standard
goods and services and to safe guard the interests of the consumers. In order to provide for better
protection of the interests of the consumer the Consumer Protection
Bill, .1986 was introduced in
the Lok Sabha on 5th December, 1986.
STATEMENT OF OBJECTS AND REASONS
The Consumer Protection Bill, 1986 seeks to provide for better
protection of the interests of
consumers and for the purpose, to make provision for the establishment
of Consumer councils
and other authorities for the settlement of consumer disputes and for matter connected therewith.
2. It seeks, inter alia, to promote and protect the rights of consumers
such as-
(a) the right to be protected against marketing of goods which are
hazardous to life and
property;
(b) the right to be informed about the quality, quantity, potency,
purity, standard and
price of goods to protect the consumer against unfair trade practices;
(c) the right to be assured, wherever possible, access to an authority
of goods at
competitive prices;
(d) the right to be heard and to be assured that consumers interests
will receive due
consideration at appropriate forums;
(e) the right to seek redressal against unfair trade practices or unscrupulous exploitation
of consumers; and
1
Under
the Consumer protection Act 1986- under the
paragraph STATEMENT OF OBJECTS AND REASONS –
point
(a)- the right to be
protected against marketing of goods which are hazardous to life and property;
The all buildings having seapage in the walls. In all building there is leakage of water. Due to this –the probability of becomes electric current in the walls or switchboard are more. In flat –Ruby-6-501- The tap just unplugged from the wall due to pressure and the water flows all around, in the whole falt. The ecletric current came. It will become more dangerous for the life and to the property too.
Never give the information about the cleaning of Water tanks
All the time, the water leaks from the tank-there are lot of seapeage in the wall of tank. There could be current in the building.
Even in my flat, Electric switch boards are not properly fitted.
Iron rods appears from the slaps in bathroom. The children can get hurt. It happens with my friends daughter already.
There is no isolation from the outer atmosphere. The doors and window
are just fitted with poor quality material. All dust and rainy water, cold, hot
air in summer(loo) enter in the flat. I just suffered all the time from cold in
recent winter.
The Glass and frame use to hold it- in windows – is of very cheap
quality- it can just break- and small kids can fall from the building.
Due to lots gaps in window and door – the insects/mosquitoes enter in the room-and it cause many deases.
I / other members of the society –seen many times- the big RATS.--- so here is possibility of many other deases like plague. There are many area-which are never cleaned by them.
In Clubs-gym- All equipments are not safe.-They never provide the
security equipments –like stand for bench press, smith machine for squats..and
many more.
In Club- the glass and door and just hold in very light aluminium frame- In future it can be dangerous for someone life.
In club- the floor/ steps are so slippery- that any one can got serious injury.
They nowhere leave the space for the kids to play.
No Security provided under the flats.-two times my petrol stolen from
the scooter.
The height of the boundary is very low even the kids can enter.
Many steals happened in the society.
In the society- their are lot leakage of water. They just wasted the
water.
Under
the Consumer protection Act 1986- under the
paragraph STATEMENT OF OBJECTS AND REASONS –
point
(b)- (b) the right to be
informed about the quality, quantity, potency, purity, standard and price of
goods to protect the consumer against unfair trade practices;
During the time of purchase the property-they committed for the items
would be branded as shown in the sample flat. But later on they broke all the
promises.
Chinese fitting in the bathroom instead of world class fittings(like jaquar, revera, cera)
Poor quality work done on quality items-
(like Titles- They used Kajaria
titles but—When they poorly assembled, they never used the proper adhesive to
paste it. 90% titles are hollow. Even
now, there are movement between the titles and they starts get crack.
Paint on the wall- They did paint on non smooth walls. Even now, paint starts moved out from the wall in the form of layers
They used cera toilets seats.- But they never fitted it well, there is water leakage and in whole flat, lot of smell is there. The seats are damaged too.
The placements of switch boards are almost faulty.
Kitchen racks are poorly assembled, even now, Termites are there.
Big hole in the wall, where they gave the provision for the split AC,
even they do not make it shape well.
Cub-boards –They are not painted well. The paint sticks with the things.
In-bathroom- mirror poorly fitted, just hang the mirror on a screw. Same
in Kitchen too.
The main door is cracked.Even the door is not capable to create isolate environment. All disturbance clearly listen in the flat.
POP work is poor- Lot of marks are there, Poorly work done.
Means right to be protected against the marketing
of goods and services, which are hazardous to life and property. The purchased
goods and services availed of should not only meet their immediate needs, but
also fulfill long term interests. Before purchasing, consumers should insist on
the quality of the products as well as on the guarantee of the products and
services. They should preferably purchase quality marked products such as ISI,
AGMARK, etc
