[Resolved]  Everest Builders — Delay in possession

I had booked a falt in second phase in Everst world in Feb2006 with a committment that I will get possession in July 2007. Despite so many reminders and followups I have not got the possession even after paying complete amount alog with parking amount. Response from the builder is hopeless and they are more interested in launching new phases thus duping many prospective home buyers. I expect prospective customers not to get lured by attractive advertising and false committments.
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Aug 14, 2020
Complaint marked as Resolved 
 
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Laxmi Constructions — Not giving NOC

I have booked a flat in the month of Sep 06 and the registration of the flat was done on 3rd Nov 06. at the time of booking builder promised that he will give the posession by Jan 08 and nov he say it will by Dec 08. all my dues are cleared and i have the letter from the builder. now that i want to sell the flat every thig is ready the builder is not giving the NOC. i had requested the builder to give me NOC as per the bank demanded to avail loan to the person who is willing to by the flat but the builder is not willing to give the NOC. what can i do to get NOC

Regards
Hanu N B

Flat — Delay in Possession and extra charges

I have taken a flat in Unitech Horizon at a peak rate by taking a loan from the Bank. The completion date was told to be April'2008. Since then, we have been visiting the Unitech office time and again and the flats are still not ready for possession. In addition to that they say that the Super area has been increased by approx 65 sq ft and we would end up paying much extra.

Some of the earlier contractual terms are also being broken. This is very unprofessional behavior. Rather than keeping the customers informed in advance, they are not even providing complete information when we visit there office.
I am also an aggrieved party. I fully agree with Umesh. Moreover, the flat interiors are worse than any third rate builder across the country. so please do not get fooled by the show flats and false promises. in fact many flat owners in everest world refer to it as "A worst world", " Everest Chawl" etc. Moreover, once you buy, the customer care centre turns into a customer scare centre!!! Everybody top down is equally causal, irresponsible and outright discourteous. i urge other buyers to lodge their complaint in this forum and help raise awareness so that unsuspecting souls think twice before taking the plunge.
I am also an aggrieved party. I also fully agree with Mr.Umesh Dange & Mr.Satish Chitwadgi. I also booked two parking spaces in podium somewhere in Feb 09. and yet not received any receipt or even possession of the parking space. The solar water system is not yet ready. The finishing of the walls was horrible. We got it done by appointing outside contractor by paying extra money. The size of Common Bathroom is mentioned 4' x 7' but in actual it is 3' x 7' one can not stand inside the bathroom and take bath comfortably. Lift is not in working position. We have to climb up 20 floors. Fans are provided only for the name sake. There are so many defects and bad workmanship in the structure. About Club house and swimming pool the god only knows when it will get completed.
I second the opinion of the above and intend to bring the below criminal practice to each one's notice against Vimal Builders, Everest Developers- Mumbai.

The builder (Everest Developers) is encashing his delay on the customers by making illegal monetary demands and thereby delaying possession. He also delayed flat registration by more than two months although, flat was marketed as “ready possession” . A clause in allotment stated agreement would be entered within 15 days, however there was unexplained significant delay. Moreover, flat is having multiple seepage defects (poor quality construction) that were ignored for rectification.

His strategy of calling for illegal demands on money is punitive, while he ruthlessly continues to operate with complete lack of service.

I still await the possession post five months of booking at Everest Countryside- Thane. With 100% payment completion, I am tossed to end by them, on the handing over of the possession for no reason by raising unjustified illegal monetary demands.

I am moving to the consumer court on the charges of deficiency of services and unfair trade practices at various levels amounting to mental agony and harrasment.

Beware folks before you plan to buy here
Everest builder is a Fraud. In Everest Countryside Project, Ghodbunder Road, Thane, at the time of launch of the project, they booked 2 flats adjoining each other but later they refused to register the same citing the delay in payment etc which resulted the cancellation of booking. However, the fact is that if they book 2 flats adjoining each other, they'll not be able to claim 100% tax benefits from Income Tax. By doing so customer has been duped as builder is refused to refund the booking amount, on top of that they are claiming the interest on delay on payment also.
Response from builder is very poor.
Hi,
I agree absolutely with all comments above. The builder delays for very long time. I booked in 2006 and was supposed to get possession in May 2008 . till date have not got possession.Am staying in rented flat in same complex to monitor work .But I can see they are interested in keeping their promises. They are purposely delaying existing and launching new projects .Vey bad customer service.
What is the procedure for lodging Consumer Court complaint..
regards,
Pravash Raikar
I think "A Worst World" or "A Lost World" are very apt terms to describe this project. Everest Builders are undoubtedly the worst & the most pathetic builders in Thane. Buying a house in any project by Everest World is like commiting the BIGGEST BLUNDER of your life.

This builder is a buldle of lies & once you are duped by them you are doomed for life !!!

STAY AWAY from EVEREST WORLD or any of their other projects at any cost.
I also fully endorse the views expressed by the concerned parties but I am not going to take it lying down. Today I have given them last chance to give me firm commitment and if they do any further dilly dallying i will take them to Consumer Court.
Same is the case with Nirmal-Galaxy-Polaris project of the famed Nirmal LifeStyle.
Their customer service talks as if we are fools.I gave the first cheque in 2006..with an assurance the project will be completed in 2008..Nothing now till 2009 end...
HOW TO CANCEL REGISTERED AGREEMENT FOR SALE OF A FLAT : DUE TO FRAUD /CHEATING / BREACH OF CONTRACT.
One of my relative booked a flat with builder in Navi Mumbai. Total consideration of the booked flat was 23 lacs. The flat was under construction when booking was made. After certain amount is paid to builder firm they entered and executed the Agreement for Sale duly registered with Sub-Registrar. With the strength of registered document one private sector bank sanctioned a loan of Rs.7 lacs in favour of purchaser relative. Entire bank loan amount was paid directly to builder by the bank. Rest 95 % of consideration of the flat was also paid by my relative. This episode was continued from 2005 to till date. My relative staying in rental premises long back. By the end of March, 2009 the building was still under construction. My relative enquired with the Manager of the builder firm about the completion schedule of the building wherein my relative booked a flat. So the Manger of the builder came to my relative’s home and told him that the builder is going very slow, so again 1 year will go to get possession of flat. The Manager of builder assured my relative to search out a ready possession flat for him instantly. The Manager also shown readiness to purchase the booked flat for Rs. 35 lacs. My relative given consent to sell the booked flat to the Manager for handsome consideration, with a view to purchase a ready possession flat in the same vicinity. The Manager of builder had total access to the builder’s office so he prepared a letter of cancellation of booked flat, he only forged the signature of my relative. He himself prepared an Application addressing the builder firm to issue NOC to purchase the booked flat of my relative in his name. On this Application of NOC prepared by the Manager in the name of my relative. He himself forged the signature of my relative. My relative was not aware of these documents fabricated and forged by him. The builder received both the documents which were not signed by my relative. On the basis of this the builder got cancelled the booking and issued NOC in favour of the Manager. The Manager after this approached my relative and paid cash of Rs.6 lac and took him to Sub-Registrar’s office and handed two post dated cheques as consideration of the flat as decided Rs.35 lacs. My relative signed the Agreement for Sale before the Sub Registrar. This transaction was completed in the month on 20th March, 2009, Thereafter on 25 March the Manager of the builder at large with his entire family.
When he ran away and became absconding some 100 persons were collected in builder’s office and every body asking that he/she cheated by the Manger of the builder. There was chaos in the vicinity. The builder also confessed that due to his negligence the Manager took disadvantage and by making a big scam of some crores of rupees. The builder confessed to my relative that the Manager obtained his signature on NOC. Without taking NOC from bank which had sanctioned and released the home loan to my relative. The Sub-Registrar also not raised any voice about the NOC of bank.
When my relative presented two cheque given by the absconding Manger of builder were bounced with a reason insufficient funds. So my relative took legal action U/s.138 of N.I.Act in JMFC Court. But the accused is absconding hence no warrant / summons was issued by the JMFC. Local police are not taking cognizance of this cheating / forgery / criminal breach of trust offences ins pite of several complaints. Now the building is ready and the builder declined to give possession to my relative. He advised my relative to get the document cancelled from the court and then only he would consider his request of possession. In these circumstances my relative is under tremendous mental tension and agony. Can some body suggest proper legal remedy to get cancelled the sale document so as to get relief to my relative. How far the Consumer Redressal Forum can give relief if the case is filed to State Consumer Forum at Mumbai as the consideration of the flat is more than 20 lakhs. Would any body can come forward for resque of my poor relative ?

Everest World — PF pending from last june-09

Dear Sir/Madam,
I was employed in M/s Everest World,Thane from 5/2/2008 to 11/1/2009.I submitted my resign as per rule and applied for pf withdraw in the month of June,2009.But till date no one is taking the action on the form submitted by me.My provident Fund account no.is MH/BAN/47576/234.I am in the continuous follow up with the Everest employee but they are not telling the exact status of my application.

Regarding this can you u help for the same,so that I can take my pf amount?Also guide on the same.
Dear Friends,

Its intimidating to see so many frustrated customers (till now, I thought I was one of the few) !!!

I share a similar situation where I booked a flat in July / Aug 2005 in Drewberry (Phase 3) with a committment at that time to give the possession in Oct 2007. Right now its Feb 2010 so its more than 4 & 1/2 years back that I booked the flat and in a few months it will be about 5 years with no signs of getting the possesion.

Also, I remember about 1 & 1/2 years back or so these guys came up with this Parking slots and even after paying the full amount I am still yet to receive a proper receipt of the payment made for the parking amount and also not clue about the parking slot.

I visited the site in Jan 2010 and spoke to all the guys but it was quite in pain. The building itself looked more like a store house with no signs of completion in the near future.

Its been a hopeless era of continous followups from my side and extremely bad customer service from Everest World side with a lot of energy, time and ofcourse money wasted on this project!

Speaking to anyone in their customer service (which is actually hopeless) is of no use as they are quite seasoned now to give the same kind of answers with no real match between their words and action.

I am not sure why there has been no action or pressure on this builder as yet?

Does anyone have any updates regarding the status and possession timelines for Drewberry?

Quite depressing...

Cheers,
Mahesh
I have a flat in Drewberry and as mentioned by many in this forum, this is a third rate builder with pathetic quality. The finish is worst I have seen. Even smaller builder gives better finishes. The delay was abnormal. The building got delayed by years. Even now they are anywhere close to finish Ph-3. Also during booking they said the parking charges will be around 1 lac. Now they r charging around 3 lacs. I appeal to all not to buy the parking lots as the internal road between the complex and the proposed school is TMC road and u can park ur vehicle free. The customer care is callous to careless to attend to any request. The defects in my flat are yet to be corrected, even after repeatedly asking. They r full of excuses.
Dear All,

It really pains me to see so many victims of the high handedness of Everest Builders Thane. Though I managed to get the possession of my flat in Dec 09 but its not liveable with work going on in so many other flats of the building.

I have only one suggestion for all those people who are waiting for 03 to 04 years is to approach Consumer Court and file their complaint. How can so many o[censored]s allow a builder to take us for granted and exploit us that to after taking full payment for which each o[censored]s are paying EMIs through our earnings without benefitting from the booked flat in any manner.
I had also booked a flat in Everst Countryside in IRIS tower. I did a booking in Feb and registration also completed in Feb. The Everest is asking for 5% VAT cheque. They did not discose this huge amount at time of booking. Can you please let me know whether they asked for this amount to others also.
Dear Rokariya,

What is the current stage of your building.?

I heard it first time that the builder demanding VAT.

If anybody heard pls. share.
Regards,

Manish
Manish,
The everest builder is providing the working possession. At this time, they have asked a "blank cheque regarding the 5% VAT as some security towards the VAT finalization by the government. I think this VAT Case is still pending in the court between the builders, and the Maharashtra government. The builder said that they will be issuing the receipt also for the blank cheque. But how can a someone ask a blank cheque?

I have found some old archives on the Internet regarding this Blank cheque VAT demands by the builders, however it is not clear to me.

Please share your experiences..
Thx
Raman
Has anyone faced the blank cheque demand from the builder during the possession time? Please share your experiences with me, as i am facing this issue with Everest Builders in thane. I dont know if it is legal, that they are demanding the 5% of flat cost also as blank cheque for any future VAT.
Just few minutes back I spoke to Vimal Builders aka Everest Chembur office on the same matter. While I was going through the consumer forum review I could not stop myself to support your statement.

Even me too had booked & registered a flat in Everest Countryside (IRIS) in Dec 2009. So far everything smooth. Now at the time of possession somewhere around last one week the Builder is demanding the final payment alongwith a Blank cheque against 5% VAT which was neither communicated nor intimated to me during the time of booking or payment phases. Definitely 5% is a huge amount for me and that too my hard earned money.

I am not in agreement for the miscommunication and further seeking an advice from various sources on the subjective matter. Meanwhile if you or anyone comes across any information or suggestions then let me know through this forum.

For all those I support your geniune effort to resolve this and for a Happy Home.


Sushil

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