[Resolved]  Rohan Builders, Pune / Rohan Mithila — Unacceptable delay in project completion

Address: Pune, Maharashtra

I had booked a Duplex Apartment in Rohan Builder upmarket project, Rohan Mithila in Pune, way back in January 2010. The possession date as per the Sales team and the agreement was mentioned as June 2011. It is close to two years since that date and possession of the apartment, leave alone project completion, is nowhere in sight. In Feb 2012, I had asked for a meeting with the owners and a meeting was scheduled with Sanjay Lunkad who gave some lame excuses citing sand availability and labour problems. When I pointed out that project by other builders were moving at break neck speed, he had no answer. After some arguments, offered to make an exception in my case to allow me to sell my apartment (as per the agreement, a buyer cannot sell the unit until possession is handed over), or buy it back at the same rate as sold to me, along with interest of prevailing bank rate. However, he advised to hold on to the unit as they had put their might behind the project and assured me that they would give me partial possession in June 2012 and final possession in September 2012. Some quick calculations suggested that waiting till possession would be in my best interest, so I decided to wait it out. Alas, June came and went and not a speck of cement had moved since Feb to September. I published an advertisement in the papers to try and sell the apartment but no one wanted to buy an under construction project. In August 2012, I received an email requesting me to complete the tile selection. Hope surged once again only to end in disappointment again when I visited the site in October 2012. It was status quo. Since then, every call I have made to the site office or to the head office, I have been given the exact same response every time - tile order was delayed due to shortlisting process, tile delivery was delayed, different contractors are now doing different buildings to speed up completion, we always do plumbing first (plumbing in my apartment was completed by December 2012), we always start tiling from top floor downwards etc etc.

All emails have gone unreplied, in the last year or so. I guess they are reluctant to put anything down in writing in case of legal action. I have no idea when the project will be completed as till date, it is still in the same condition as it was in Feb 2012. I am contemplating legal action in the consumer court to ask the builder to pay me the current market value and buy back the apartment as I am no longer interested in waiting for completion and cannot afford to continue to pay bank interest that I have been paying on the loan since Septemeber 2010.