Supertech — breach of contract

Address: Gautam Buddh Nagar, Uttar Pradesh, 122001

Website: www.supertechlimited.com

I booked my flat in supertech hues in 2014 under subvention scheme.

As per the signed agreement i did not have to pay any emi to the bank till the offer of possession there was a period of 3 years (Till feb, 2017) up till which no emi was to be paid by me to the bank.

Also as per the tri party agreement between myself, supertech and the bank after the completion of these 3 years and up till the offer of possession supertch was to pay 6 monthly cheques of emi to me and in turn i was to make monthly emi payment to the bank.

However in feb, 2017 when i was to start my payment to the bank i was informed by supertech that subvention period has been extended for another year. Later after another year in feb, 2018 in the same manner when i asked, supertech representative told me to make payments to the bank for 2 months (March and april, 2018) to which they would reimburse a partial amount into my bank (Called it as a pre emi component/interest component) of the total payment.

My concerns are as follows:
1. First of all my contract document that was signed in the presence of sachin sharma (Supertech ltd), mr. Navdeep sardana (Elite landbase), ajay mahala (Elite lamndbase) and melvin fernandis (Hdfc) states that i would be entitled to emi (6 monthly cheques) till the time of possession. By extending the subvention for an year supertech has breached its contract as have not paid the total emi rather have just paid the interest to the bank.

2. I have been writing mails to many people in supertech that i am being repeatedly harassed by hdfc for past 2 months (March and april, 2018) due to non-adherence of subvention agreement by supertech. I did receive a confirmation mail from sachin sharma (Supertech) after my repeated mails that it is under process and subvention will be extended however he never bothers to take my calls now to confirm the status. Now suddenly i receive this mail (In may, 2018) stating for the reimbursement of the interest portion while i need to make complete emi payments to the bank.

3. There is no clarity that if supertech would be reimbursing the emi amount going forward that they have agreed as per the agreement or extending the subvention period since there is no response what so ever from anybody in supertech neither on calls or on my repeated emails.