You are on page 1of 2

Dear Sir,

This is in reference of the above subject as I am in receipt of your Demand Notice dated 17-05-2017.

At the outset, I would like to draw your kind attention to the fact that this Demand Note is re-naming of the earlier
illegal Pre-Possession demand of January, 2017 (which was sent to many buyers and those buyers raised multiple
complaints including raising of their complaint in front of Noida Authority in a Public Meeting on 26th April, 2017. So this
Demand Notice is grossly misleading, totally fraudulent and illegal and causing me a lot of mental harassment to say the
least as you are trying to create undue, unnecessary and illegal pressure on me.

My reply to the demands raised in the Annexure-1 is as under:

(I) Details of Payments due against increase in area of my flat

I reject this demand out rightly on the following grounds.

Buyers Committee formed on instructions of Noida Authority during Public Meeting on 26 April, 2017 met on 7 May,
2017, where this issue was discussed and debated without any resolution. Since this matter has again been raised
unilaterally by you and has been disputed by the Buyers Committee, I am constrained to not acknowledge your
contention of increase in the area of my flat until the dispute is resolved and reject your demand of payment for the
same.

Additionally, no certified third party documentation/details are provided in to verify the veracity and genuineness of your
unilateral claim pertaining to increase in area of flat.

(II). Interest on Delayed Payment

You never raised a Demand for Interest on so called alleged Delayed Payments at any previous point in time until this
Demand Notice. Why?

Now all of a sudden, you are unilaterally asking Interest on Delayed Payment whereas all my payments were made in a
timely manner. Any discrepancy if at all in this was because your project was stalled and issues were pending at your
end. Your project is still not anywhere near completion as on date and it is established by the fact that your application
(with mala fide intentions in order to deceit customers) to obtain CC/OC was rejected by Noida Authority also.

Keeping in view the principle of natural justice, I also demand the Interest against my 95% payment made to @18%
rate due to the delay in possession of my flat since your Project is already 20 months delayed as possession committed
by October 2017 per Letter of Allotment.

Page 1 of 2
As I am a buyer under your Subvention Plan/Scheme, you had agreed to compensate me every month for the EMI paid
by me until the possession of my Flat/Unit in case of failure to meet the delivery schedule. I have now commenced
payment of EMI and since the possession of my Flat/Unit is yet to take place, you have defaulted on the terms of
Subvention Plan agreed between us. This makes you liable to fulfill your obligation rather than raising illegal demands.

On your suggestion that you would deposit property tax to the Income Tax Department if buyer made full payments to
including property tax. But did not deposit my 1% property tax in IT Dept. though I made all the payment in full i.e.
including 1% property tax. Because of this fraud by , I had to again deposit approx 57K property tax myself and also had
to pay penalty of approx 10K. So I also demand to make payment of approx 57K property tax + 10K penalty.

(III) Regarding Other Charges to be paid

The Other Charges, if at all to be paid to you, will become payable only at the time of possession of my Flat/Unit in
habitable condition and by fulfilling all the mandatory/legal requirements by you. Thus this demand for Other Charges
is unjustified and stands rejected by me at this stage. I believe that this matter too was discussed with the Buyers
Committee on 7th May, 2017, whose members had categorically rejected the demands which at that time were
discussed as pre-possession demand.

Consequently, I would suggest that you bring your house in order, provide me the possession of my Flat/Unit in
habitable condition, with a fit-out period not exceeding 30-day standard, after complying and obtaining all the
legal and statutory permissions from respective competent authorities, and stop raising frivolous and illegal
demands. Until this happens, I will not make any illegal payment against any illegal Demand Notice from .

I am happy to make all the legal payments remaining at the time of possession as per the agreed Payment Plan
(enclosed herewith). Please note that payment raised in this Demand Notice by you is also not a milestone as
per your Payment Plan of . Hence, I reject your demand and deny making any illegal payment to given the
circumstances created by .

I hereby conclude that subject matter of your Demand Notice dated 17-05-17 stands closed and becomes void
ab initio if no legal justification/clarification is provided within next 7 days.

You might also like