Non Payment of penalty for delay in construction of Flat & Unjustifiable demands, etc.

This is the copy of complaint letter written to the builder:

Date : 04 July, 2017,

To,
The Managing Director,
RPS  Infrastructure Limited,
1117-1120, DLF Tower – B
Jasola District Center,
New Delhi-110025
 
Subject : Offer of Possession of Unit No. 0602, T-12A, RPS Savana City, Sector-88, Faridabad
 
Dear Sir/ Madam,
 
I am in receipt of your letter dated 23-06-2017 on the above subject offering possession of the above-mentioned unit after receiving the Occupation Certificate and demanding Rs.12,37,140/-.

In this regard, I have following complaints :

1.       On receipt of possession letter, I visited the site on 02 July, 2017 to check the position of my flat. I was surprised to see the position of the my flat and the building. No lift was installed/ in the working condition in the building. The building material was lying all around. My flat was not at all in a live-able condition : Kitchen was totally incomplete. No tap fittings have been installed. Bathrooms were totally incomplete : No Toilet seats, wash-basins, tap-fittings, shower, etc. have been installed. There was no electricity in the flat. The flat was totally unkempt and unclean. I am surprised how you have managed to get Occupation Certificate for such an incomplete project. Few pics of my visit to the flat  are attached herewith for your perusal.We have already made 95% payment of the flat. Balance 5% is payable on possession,i.e.,only when flat is ready in all respect and worth living.
 
2.       On my visit, I observed the quality of construction is of very sub-standard compared to what had been promised as per sales Brochure and Sample Flat shown to us. All the material which has been used is of very lower grade than what was promised to be “Super Luxury Flat of International Specifications.” All the doors, Tiles & other building materials are of very inferior quality. It is not acceptable at all. You either set it right or suitably compensate us for the inferior quality of construction.
 
3.       Original Buyers Agreement of this flat was done on 15.10.2008. The possession of the flat was to be given by you within 36 months, i.e., by 15.10.2011. For the delay period, you are liable for penalty @ Rs.5/- per square feet per month. There is a delay of 5 years and 8 months, i.e., 68 months. You are liable to pay us a delay penalty of Rs.8,02,400/-. Please arrange to pay the same upfront or adjust the same from the amount payable on the possession of the flat.
 
4.       In the demand letter, you have demanded the payment of the flat for super area of 2462 square feet, instead of Original super area of 2360 square feet, i.e., an increase of 102 square feet. This has resulted in increased demand of Rs. 2,04,000/- in Basic sale price, Rs.2040/- in IFMS, Rs.13158/- ECC and FFC and Rs.1224/- in Labour Cess. Thus, there is a total excess demand of Rs.2,20,422/- on account of increase in super area. Can you arrange to provide me the duly certified copies from the office of Town and Country Planning, Haryana, where this increase in super area has been sanctioned. In the absence of same, this demand is unjustified and unreasonable and not payable by me.
 
5.You are illegally charging Rs. 1 lac for open area parking