| Address: Kolkata, West Bengal, 700060 |
Dear sir / madam,
Promoter mr benoy kumar sarkar proprietor of m/s n. A. Enterprise (99, parnasree pally, kolkata – 700060) has been handed over the constructed my flat after 3 years with below mentioned defects.
1. Poor quality of building materials has been used, such as bricks, tmt bars, cement, wall putty, paris, marble stone, light fittings and plumbing fittings.
2. Damp has already been developed at several places at bed room, kitchen, hall room, roof wall/parapet and ground floor within 2 months of handover.
3. Incomplete construction till date at building entrance passage, crack at several places on outside plaster of the building, outside painting not been done.
4. Flat no – 5 (My flat), main door is out of size, not fitted properly with frame with major gap at lower portion.
5. Windows frame are not properly fixed with walls.
6. There are 16 nos of floor marbles are in cracked fitted. Marbles are poor quality and not systematic.
7. Finishing/polishing of the floor marble has not been done properly, those are uneven in most of the places.
8. There are 11 nos wall tiles are cracked fitted in 2 nos bath room, tiles are fitted unevenly, white cement has been unevenly pasted over wall tiles, very poor quality of finishing.
9. Bed room door and door frame are in bend condition, not matching during closing, there is a gap.
10. Balcony door is unevenly seated on door frame, not fitting properly during closing and looks very poor.
11. Low grade electrical switches has been fitted, improper concealed wiring routing has been done, not able to fit the lights at all points.
12. Boundary walls / parapet of the open roof on 3rd floor (I. E. Above the 2nd floor) has been constructed 3 inches and later on there was a make-up for 5 inches.
13. Kmc approved/sanctioned 2nd floor plan and complete building plan not been submitted to us.
14. Kindly note – during 2nd floor roof molding/casting made on 20th aug’16 saturday, and there was an earthquake on 24th aug’16 wednesday at 4:18 pm at kolkata (Intensity was @6.8 richter magnitude scale, earthquake in kolkata/bengal, bihar and assam, epicenter in myanmar, in kolkata felt quite a strong tremors of shaking for at least 10 seconds as per records and news). It has happened within 96 hours of aforesaid roof casting, in this regard what kind of measures he has been taken to ensure, that everything are in accurate conditions and no damages has happened accordingly, that proof/record he has not been furnished even after asking the same.
15. The cesc electric connection (On name of kamala khan, consumer no – [protected] & customer id – [protected]), the due bill he has not been cleared during handover the flat.
16. Kmc tax not been cleared during handover the flat.
17. He has not given the calculations of build-up area, super build-up area & carpet area of each flat of the aforesaid construction.
18. He has not provided the kmc approved structural and architectural drawing plan of the aforesaid construction.
Kindly note:-
As per our numerous times discussion had between myself and mr benoy kumar sarkar in year 2014 month of november & december before starting his construction work, mr benoy kumar sarkar has committed the aforesaid building constructions should get completed within 10 months to 12 months’ time, from the date of my releasing of the possession (For that period on temporary basis to allow him for doing constructions work on that property), and he will give me the handover/possession by december 2015 itself.
As per mr benoy kumar sarkar’s above commitment and subsequent discussion and on my request, he have agreed to pay my house rent, where i will get shifted along with my family & residential belongings/assets.
As per basis of aforesaid discussion and depend upon his commitment, i have handed over my possession to mr benoy kumar sarkar in january 2015 by taking out all of my residential belongings/assets along with my family for shifting to a rented house, “for that time being only” to allow him for making the said constructions within december 2015, and subsequent handing over by him the “ready to move property” to me.
On ground of above mentioned mutual discussions and considerations, i have agreed to allow him the ‘no objection certificate’ for doing him construction work on aforesaid property.
Since january 2015 to till date i. E. December 2017, i have paid my house rent rs. 2, 60, 820/- (Rupees two lac sixty thousand eight hundred and twenty only).
As per mr benoy kumar sarkar’s commitment, he has paid rs. 66, 000/- (Rupees sixty six thousand only) towards my house rent, rest amount is due from him till today.
On account my house rent, balance rs. 1, 94, 820/- (Rupees one lakh ninty four thousand eight hundred twenty only) is remain unpaid from him on time.
Mr benoy kumar sarkar have handed my flat key on 15th december 2017 at 8.20 pm to me (Flat no – 5, at 2nd floor front road side, by facing front at south, and side by east & west).
Whereas he has given possession to my mother smt. Santi seth, w/o sri gopal chandra seth on 6th december 2017.
With respect to above ‘scenario’, ‘enormous delay in handing over / giving possession’ and ‘unpaid of my house rent on time’, i would kindly request mr benoy kumar sarkar to make the payment immediately of due house rent rs. 1, 94, 820/- (Rupees one lakh ninty four thousand eight hundred twenty only) along with @rs. 12% simple interest, i. E. Total rs. 2, 18, 198/- (Rupees two lac eighteen thousand one hundred and ninety eight only).
Apart from above due my house rent, my humble request to mr benoy kumar sarkar for making immediate payment of rs. 12, 00000/- (Rupees twelve lac only) as a compensation for my mental harassments and mental agony caused by him, during the period from january 2015 to till date i. E. December 2017.
Your necessary action and kind cooperation in this regards is highly solicited.
With thanks & regards,
Rajtilak seth
S/o of sri gopal chandra seth and smt. Santi seth
And grandson of late krishna chandra khan and late kamala khan
Address - 44/a/2 maharani indira devi road, flat no – 5,
Post. & p. S. - parnasree pally, kolkata – 700060. Phone – [protected].
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