[Resolved]  Kristal Group Owned By Mr. K. K. Namboothiri — non compliance of agreed terms by the builder

Hai friends,
This is a copy of the letter I had sent, which is self explanatory, a couple of months back. The only rectification the builder had done, subsequent to the letter, is functioning of the elevator. All o[censored]s have been cheated by this builder.



To


Mr. KK Namboothiri,

CEO

Kristal group


Mr. Nambothiri,


Sub: Problems faced by owners at Kristal citrine apartment no. 2301


We had moved in to the apartment in the 1st week of November 2007, even though the basic amenities as originally agreed upon by you were not provided. You would be aware that as per the schedule, you should have given us possession of the apartment in the month of May 2007 with full amenities. Even after the lapse of more than one year of the period of completion, the following basic amenities like elevator, club house with badminton court and swimming pool are deprived. Aged people like us, who have also undergone knee surgery, are put into extreme hardship as we are forced to climb all the five floors by foot frequently. Despite our repeated plea for providing these basic amenities by way of innumerable telephone calls as well as personal meetings with your executives, there was no sincere effort from the builder’s side for installing the same. In this connection, let us also inform you that the money we had paid for the apartment was the savings our life time and our retirement benefit. Also, we may inform you that we had to sell our residential house at Trivandrum to meet the schedule of payment fixed, where as you had gone against all the schedules and commitments. Since we had already sold out the house property at Trivandrum, we have no other option other than staying in this apartment against all the adverse conditions.


Another point on which we draw your attention is regarding asphalting and tarring of the public door in front of the apartment. Before booking the apartment, your marketing team had made us to believe that the road will be tarred before September 2007, for which Kristal group is making all the arrangements. They have also mislead us by showing us a vast area of land, which comprises of the present path and drive way, adjacent to the existing building as yours but now found to be under litigation. Since all the people who had booked/occupied are of this impression, we are of the firm belief that this unethical marketing technique has emanated from not less than the apex level of your organization.


During rains our apartment and the corridor is getting flooded with rain water seeping through the windows and open space respectively damaging many of our furniture and house hold things. When we informed this to your executives, their arrogant reply was that they cannot do anything on this. Their sarcastic comment was to get redressal through legal measures. As an insult to injury, one of them told us to include the case of road tarring also in the suit. During the period of our stay, we also had to spend a huge sum for the repair of our electrical appliances which were burned out due to the faulty temporary electrical systems provided by your people in the apartment. When this was brought to the notice of one of your executives, his sarcastic comment was to purchase and use stabilizers including tubes, ceiling fans mixer grinder etc. How arrogant your executive is? Can you visualize the predicament we are through, after spending the hard earned money of our whole life in this apartment? We also notice from the statement of account forwarded by you to us regarding the money spent for registration of the apartment that a sum of Rs.12000/- has been given as bribe to the registrar. You will agree with us that since Kristal citrine has 88 apartments and by giving bribe at this rate by you at the expense of each owner, the registrar would have become richer by RS 10 lakhs with your this project alone. We earnestly feel that this fact is worth referring to lokayuktha court. When this matter was pointed out to the MD of your organization during the last meeting, a month back, her reply was that bribe was being paid since last 9 years, ever since Kristal group started this business and these are small things she cannot bother about! May be it is a small amount for you, but this hard earned money is certainly not a negligible amount for us, the retired people. Hence we request you to arrange for refund of the amount.


All your promised dates for commencement of construction of the health club, swimming pool and other amenities have already passed and still there is no earnest effort for the same from your side. Any lay man will understand that the money we had paid for the apartment is worth only 2/3rd of it, without the amenities like swimming pool, health club, shopping complex etc. hence we request you to return Rs. 5 lakhs with interest for one year @6%. This will be refunded to you once you complete the above facilities.


There are basic defects in the design for provision for washing machine and its outlet connecting to the drain. This was accepted by the MD herself in the last meeting. We had to change the location of washing machine to avoid rain water falling directly on it and to have to keep it raised for the smooth outflow of waste water by doing additional work for which we had to spend. The door locks fixed in the apartment are of inferior quality and despite your workers repeated effort to repair, it is malfunctioning frequently. As an emergency measure, we had to replace a lock at the front door at our cost by paying rs2500/-, as your erstwhile project manager had refused to replace it. The meshed sliding window shutters are of poor quality and often slides off the track and also allows mosquitoes inside through the space. We also had to pay a good amount of money for repair of the electric appliances damaged due to the faulty system. Details of the damages and its cost are furnished below:


Cost for replacement of 3 tube set @Rs. 400 1200

Cost of repairing 2 fans @ Rs. 300 600

Cost of repairing mixer grinder 300

Cost of front door lock 2500

Change of provision for washing machine 1800

Bribe paid to the registrar for registration 12000


Total 18400


Apart from the above, you are requested to refund Rs 5 lakhs and Rs. 30000 towards interest for not providing the amenities. The Rs. 5 lakhs will be returned to you once you provide the amenities. Please take notice that you are requested to comply with all our above requirements within 15 days of this letter failing which we will be moving the consumer forum and the lokayuktha court for redressal of our grievances.