Dear sir,
I am a registered allottee of flat no c4-501 of your bharat city project of ghaziabad (Up) and as per the details and records of documents/ indentures duly executed between you and me, i can comfortably say that:-
1) there has been a valid contract for buying a flat no c4-501 of your bharat city project between you and me in the year 2012 vide allotment letter dated 23 jan 2012
2) that the said flat of mine was duly funded by my bank on 25 mar 2013 vide a legal loan agreement dated 23 jan 2013
3) that my all payments as per our agreed terms have been transferred to your bank account till date.
4) that it is pertinent to mention that you have not at all been diligent in performing your duties as a builder and have miserably failed to complete the project on time. Your act clearly shows that you are not at all serious on this project.
5) please note that in cwp no. 33826/2012 has held in its judgment dt. 14/11/2013 that the up apartment act 2010 shall be implemented inn up and the builders are covered under the said act.
6) the uttar pradesh apartment (Promotion of construction, ownership & maintenance) act, 2010, which was implemented almost three years ago, already has a provision which says, “an apartment may be transferred by the promoter to any person only after obtaining the completion certificate from the prescribed sanctioned authority concerned as per building by-laws.”.
7) however, your allotment letter dated 23 jan 2012 is totally in violation with the above mentioned act and its provisions. May i know the reason for such default of yours?
8) please be advised that a case against you is already pending for a vat violation and it shows your loose credentials in the market vide a show cause notice for provisional assessment under section 25 (1) of up value added tax act, 2008 dated 26.11.2013 for the months april/may/june/july/august/september of the year 2013-14 by the deputy commissioner, commercial tax, khand-i, ghaziabad.
Hence i call upon you to immediately withdraw your possession letter dated 22nd feb 2016 and also the demand letter dated 22nd feb 2016 as the same are not acceptable and applicable as per law and your insistence for getting the demand will force me to go and knock the doors of judiciary and gda against you, solely at your cost and risk.
Regards
Deepak