Complaint Letter against Builders and HUDA

[s1joshi]

Hi All

I have a suggestion, We are a group of 400 plus people registered in this website, Each one of us provide a written signed complaint signed primarily for builder specific issues and possibly a separate complaint for HUDA officials,

Even if 50 % of us feel cheated and provide a duly signed complaint letter, and we carry 200 + letters to the DTCP officials, MLA's or the police commissioner, it may have lot of impact.

Regards
Seema

[sanjeev2111]

Hi Seema and all community members,

I have met one old person here in bangalore who is in same construction job at very senior level and discussed our RPS Group case with him. We are living in same society and he is one of the director who setup the society and finalized the by-laws etc.

He suggested us to follow things -

1. That every member should write a letter like what Seema has sent regd - possession, development of infrastructure, sharing RPS Savana facility with RPS Palms, electricity and all things which you feel are important, and send this to RPS in mail as well as through post to put pressure.

I have asked him to draft a letter for me by putting his experience, once done I'll share the same here in forum.

2. The parallel step will be to take legal advice as we discussed in last Sunday conference call.

3. If he is not responding to the query's then send reminder with copy to CREDAI - This is private builders association and if found guilty he can be bared from this association.

I have checked and RPS is member

URL - http://www.credaincr.org/existingmember.php

As suggested by Seema, we should also send to DTCP officials, MLA's and HUDA officials, so as to put pressure on RPS Group.

Regards,
Sanjeev Kumar

[Azfar]

Copy of my emailed letter sent to RPS, for information of the concerned.

to:rajeshjain@rpsgroupindia.com
cc:info@rpsgroupindia.com,asingal@rpsgroupindia.com

date:Fri, Oct 29, 2010 at 11:18 AM
subject:Possession Date.
mailed-bygmail.com

hide details 11:18 AM (31 minutes ago)


Dear Mr. Rajesh Jain and RPS Management,
It is of huge concern to me that I have not received any official communication from RPS regarding the confirmed date of handing over the possession.
I have signed the Buyer Agreement with RPS on 22/1/2007. It was a commitment by the company that possession will be handed over in 36 months. Thereafter, it was told that by the end of 2010, the possession will be given. Now that is impossible and as a builder of the project, you would have known the status for the last so many months, but you kept your customers in the dark.
My unit is B-7/1101. Can RPS give a confirmed date of possession to me, after more than 80% payment has been made already for this unit from my side and all you can show from your side is an incomplete structure ( roof slab casting of the last floor has been in process for last 6 months now ).
When I talk to the Customer Service of RPS, I am told that you are awaiting the completion schedule from the contractors and are not in a position to give a date of possession. Did we pay the money to RPS or the Contractors? If the builder gives such answers then let me inform you, irrespective of all the publicity you are doing, such callous replies will only earn you a reputation of an untrustworthy builder.
Kindly let me know the date of possession of my unit. I am living in rental accommodation and I do not have the resources to finance delays on account of your inefficiencies.
Looking forward to your reply.
Regards,
Azfar.

[webmaster]

Thanks sanjeev. This is where we as a community and group can benefit all of us. We can combine our resources and experience to help us fight against unscrupulous builders and lethargic authorities.

[ankuragarwal1982]

fyi,


Regards,
Ankur Agarwal



-----Forwarded by Ankur1 A/DEL/TCS on 10/29/2010 01:06PM -----


To: rajeshjain@rpsgroupindia.com, info@rpsgroupindia.com, asingal@rpsgroupindia.com
From: Ankur1 A/DEL/TCS
Date: 10/29/2010 12:54PM
cc: chairman@parsvnath.com, mds@jaihouse.net, rohit@ashianahomes.com, manish@satyadevelopers.com, getamber@atsgreens.com, info@credaincr.org
Subject: What is the possession date for RPS Savana project, sec-88, Faridabad ?


Hi RPS Management,

It is of huge concern to me that I have not received any official communication from RPS about a confirm date of the possession of my flat.

I signed the Buyer Agreement with RPS in September 2006 i.e 4 years ago but still there is no sign of completion anytime soon !!

I am sorry to say but the company has failed to keep its commitment and lost the customer's faith.

It was a commitment by the company that possession will be handed over in 36 months but it has been delayed innumerable times and there seems to be no deadline for this project.

I have paid 80% of the amount and paying interest on it every month to the bank apart from my rent.


Kindly let me know the date of possession of my unit. I am living in rental accommodation and I do not have resources to finance delays on account of your inefficiencies.

Looking forward to a helpful reply.

Thanks & Regards,
Ankur Agarwal

[vineet]

Hi All,

In my opinion, our individual letters will not have any effect on these shameless people. I am pasting below the reply I had got on my mail earlier. I am sure many of us would have got the same reply as these people are just doing cut paste job while replying.We have lost our money so this is none of their concern. Just to avoid any legal hassles later, they do a formality of replying.

I suggest we all meet and take aggressive actions like calling media or filing legal case.

Regards,

Vineet


"""""
Dear Sir,

We are in receipt of your e-mail dated 11/07/2010 and before replying the same we would like to re-assure that we are committed to sort out the queries of our customers, therefore there is no requirement to use any rough language against the company.

Please note that booking and allotment of each and every unit in our Group Housing Project ‘SAVANA’ is based upon written document having agreed and settled terms therein. All the terms of booking, allotment and offer of possession are not only clearly and legibly mentioned in our buyer’s agreement, being the mother document of contract, but the same were fully discussed and duly understood by you before deciding to book your unit with us and taking the allotment there of.
As regards possession, the same would be offered as per agreed terms and in case of any delay in offering the possession attributable on part of developer, necessary penal provisions as per Buyer’s Agreement would be applicable.
All developments and provisions of various amenities inside the project area are in accordance with the requirement of competent authorities. If you kindly go through the agreement document, it is clearly mentioned that the developer may effect required changes in the layouts plans as per the direction of sanctioning authorities/ required by company. You may kindly agree with us that public utilities are inseparable part and parcel of the project without which the project would neither be complete nor would be properly habitable.
Our whole hearted concentration is upon construction, development and completion of the project with in the specified time schedule. We expect from our customers that instead of raising baseless queries they should co-operate with us in successful execution of project.
Thanks


RPS Infrastructure Limited
A-193, Ist Floor, Okhla Industrial Area,
Phase-I, New Delhi-110020,
Telefax : 011-40543200 (30 Lines)
E-mail : info@rpsgroupindia.com
Website : www.rpsgroupindia.com



-------Original Message-------

From: vineet mishra
Date: 7/11/2010 4:26:52 PM
To: RPS Group
Cc: rajiv.sharma6@genpact.com; sharma.rajeev21@gmail.com; navin.chaudhary@cp.com
Subject: POSSESION DELAY AND CHANGE IN MAP LAYOUTS

Dear Sirs,
This is further to our meeting with Mr Vishal Garg, Asst Manager customer care on Saturday 10th July 2007 with regard to possession of flats booked by us in RPS Savana. We came across some shocking observations during our meeting:
1. Possession of flats:
a).Our agreements are dated Oct’06 so we should have got possession of flats in Oct’09 (36 months from the date of agreement). During discussions, we are given to understand that as per clause 13, the possession of flats can be delayed by builder subject to ‘force majeure circumstances’ as mentioned is clause 13 and clause 50 of the buyer seller agreement. Force majeure circumstance in this case has been mentioned by Mr. Vishal as delay in building plan sanction. We understand that the building plan was sanctioned in Oct’07 but it was filed with the concerned authorities only in Jan’07 (we are further verifying this through an RTI to office of DTCP Chandigarh) which means the intend to deceive the buyers was there when agreement of 36 months possession was offered in Oct’06. No way a buyer can have control when builder files his papers. We are further getting in touch with office of DTCP to understand within what time the building plans get sanctioned after filing all the papers since it’s a big flaw where buyers can be deceived by years since developers do enter into sale agreement with the buyers before even filing the plans.

b). We have been told that possession of our units will be handed over by December’10 but only 8 towers out of 27 are getting ready in December and as yet there is no commitment on the completion of balance towers which means the people moving in these eight towers will have noise, dust and pollution due to construction going on within the complex. Also there will be safety concerns for the residents due to lots of construction being carried over by developer in the vicinity of these towers.
Furthermore, at the time of booking, we have not booked just a house but also a proper infrastructure having beautiful surroundings, club, play area for children etc etc.. There is no commitment still on these which means we may be still 4-5 years away from the houses that we were promised.
c). We have recently been told about the service tax levied w.e.f. 1st July’10. We would like to say that the construction should have been completed on Oct’09 and by no way we are liable to pay service tax levied now.

2. Change in the area maps: We went through the sanctioned building plan of the project and got a big shock to see the difference between what was sold to us through brochures and what the actual plan is. Since we were denied a copy of the sanctioned plan, we are not able to attach it with this communication however, attached are two different maps on the print brochures – Map1(a,b,c) is the map given to us at the time of booking and Map2(a,b,c) is the map on new brochures printed now.

a). Theme park in Map1 a has been replaced by a school and dispensary in Map2 a. At the time of booking, the total project area was stated as 47 acres whereas actually more than 5 acres has been allocated to the school which we would term as a different commercial venture of RPS group, no where connected to RPS Savana. We also understand from Mr Vishal that school will admit students from outside RPS Savana or so called Savana city. We would like to know how a commercial venture has been made to show as part of the residential project?
b). Inside the project too, there are two primary schools, a nursery school. Besides 5 acres+ allocated to High school, a considerable area has been earmarked for these schools too. We understand that these schools will also take children from outside which means school buses will ply within the residential complex to ferry the schoolchildren. What about the security of the residents (especially Children)?

In Map1b, there is no mention of these schools.
In Map2b, these schools are behind tower T3 and T4/T5.
In Sanction plan, the two lawns between towers T1 to T8 are not lawns but primary schools.

c). The lawn between T3, T4, T5 and T6 in Map1a has been cut short in Map2a to make way for car parking. At the time of booking, we have taken decision to pay PLC based on location. Why should the builder take PLC if the location is altered?

d). Meditation area and adjoining landscaping/water body in Map 1c and been shown as parking area in Map2c.
e). All waterbodies adjoining towers T1 to T8 in Map1bhave been removed to create parking space in Map2b( this is because huge parking space between towers T2, T3 and T4 and the boundary wall has been removed to give way for Primary school.
f). Project RPS Palms shares entry with RPS Savana and shares the same infrastructure like club, gym, swimming pool etc.,. At the time of our booking the flats, the club and swimming pool were meant for 2300 families. How come suddenly another 600 flats be added to the same infrastructure? What is the guarantee that tomorrow these facilities are now made open to the public outside Savana project too?
g). Sanctioned plan has 200+ EWS flats behind tower T4. This is never shown in the brochures. This further means that same infrastructure will be shared by 200 more families?
h). With so much construction, what happened to your promise of 15% concrete and 85% green area?
We believe you have knowingly kept the sanctioned map under wraps and have made changes to the projected map to deceive the investors. We have made buying decisions based on what was shown to us through brochures and have been deceived for not knowing the intricacies of the business. But then every home buyer is not supposed to be a master in technicalities and normally goes by the promises made through project brochures. We shall be taking this matter with concerned authorities for thousands of home buyers like us. However, in view of our association with RPS group, we would like to have your views on above points within 3 days of receipt of this mail.

Regards,
Vineet Mishra (Unit 608/T3)
Rajeev Sharma (Unit 1107/T6)
Navin Chaudhary (Unit 1105/T6)""""""

[cmmahesh]

Hi

I am one of the new members of this group. I think your's is not the only one builder even Era Redwood has the same story. The construction seems to be going on and on. There is not end to the promises given by the builders.

Even if they give us the flats by next year I am still not sure the Greater Faridabad area will not be liveable at least until the sectors roads and the other basic aminities are completed.

Thanka
Mahesh

[s1joshi]

Hi Guys

Thanks for your responses.

When I initially shared this suggestion I was think of writing a letter to an external authority about the irregularities done by RPS savana, However reading through the emails, it seem a good idea to capture our individual email communications shared with RPS so far in the forum. so that it can be used as collective proof

The complaint letter which I have been thinking of is something on the lines :

Date




Subject : complaint against the builder for not completing the project and changing the master layout without notifying buyers.

Dear Sir/Madam

I had done a booking for an apartment in RPS Savana in __________ ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬, I would like to raise a complaint against the builder for following reasons -

1. At the time of booking I was told that I would be getting a possession of my apartment within 36 months of signing of builder buyer agreement, My agreement was signed on ____________. However as of current status the building is nowhere near completion.

Despite repeated follow up meetings, emails and phone calls with RPS on project schedule, builder is neither allowing site visit, nor providing us possession or reason for delays or a concrete date for possession.

This is causing me a lot of financial turmoil as I have already paid a sum of ______ amount to the builder and ________ interest to the bank, I am required to pay an EMI of _________ each month. All this is causing me a lot of financial burden and mental agony.



2. At the time of booking I was promised 80% green coverage, and that was one of the major reason for me to opt for RPS Savana project in comparison of other projects in the vicinity, Before booking I verified the site layout in the brochures provided by RPS, in the RPS Savana corporate web site, in the site model lying in RPS savanna head office and in site office.

Three years later, In early 2010, I came to know that RPS has sold a significant portion of the land for various commercial purposes (without even notifying the buyers), When confronted, RPS agreed that they have changed the master plan and mentioned that developer is entitled to make any changes. This is a serious violation as per Haryana Apartment Owners Act 1983.

Beside above concerns, there are several other apprehensions shared with builders, which have never been answered –

a) Despite several efforts, The spokesperson of RPS Mr Rajesh Jain, does not allow anyone to meet RPS senior officials, and hence we do not have any visibility to raise our voice to senior officials in RPS. This is worrying as more than three years have passed and there is neither hope for project completion in near future nor a concrete assurance from RPS management on deliverables.

b) Builder is trying to scare off consumers from getting together on a common platform to discuss and raise voice, and has issued legal notices for our collaboration forum/web sites

c) We had paid almost in excess of 30% with the super area calculations based on original plan, now that builder has changed the plan, he needs to refund excess money charged from consumers and the builder is not agreeing for the same.

d) We have repeatedly requested the builder to share the plan for construction and site visits, which has always fallen on deaf years

e) RPS is not allowing us any site visit, and we are concerned on the status and quality of work being done by RPS,

f) We came to know through RTI that RPS has not started any work on setting up basic amenities like setting electricity substation, even if the towers get erected, there are basic facilities like water supply, sewage, electricity that needs to be worked upon by builder.

g) Builder has clubbed this project with its other project called RPS Palms, Even though the facilities like club, swimming pool etc were meant and paid by residents of RPS Savana, RPS is trying to make double profit, and plan to share these with residents of its other projects, which is not acceptable.

h) The attitude of RPS officials/spokesperson has been very frustrating to say the least. Despite charging all the money, they are reluctant for any meeting or status update.

I am a member of MyFaridabad.in website, Since it may not be feasible for me to join the meeting due to geographical constraints, I would like to request fellow members to put forth teh issues listed above while meeting officials.



Signature

Contact Details

Unit Details

This is just a rough draft and people can refine or or use their wording/templates, The scanned copies of such letter can be consolidated in our forum repository. Putting a bulk such letters on the table of senior Town Planner, may have significant impact.


Regards
Seema
We can discuss this up