[Resolved]  Supertech — Supertech capetown request for removal of additional unjustified charges

Address: Gautam Buddh Nagar, Uttar Pradesh, 201301

Website: www.supertechlimited.com/residential/cape-town-noida

To,
The consumer affairs ministry

Sub:- supertech capetown, sector-74, noida, tower-cmc-3, flat no-104, (Customer id-1050115, flat no-r026mc30104) request for removal of additional unjustified charges against flat purchase.

Dear consumer affairs team, i am gaurav srivastava, s/o shri gyan prakash srivastava, writing to you in regards with additional charges levied against me by supertech capetown management which are totally unjustified, i would request your kind intervention against my case so that burden of these unjustified charges can be removed from me
See below for details of same
1- interest on delay payment – interest on delay payment charges totaling to rs 1, 79, 696 charged against me where supertech team has only arranged loan from idbi bank against purchase of property, where delay in processing of loan from their side and later delay in sending required papers to idbi bank has caused delay in loan reimbursement, which they are now charging against me at the rate of 24% per annum

Note - please note that no such amount was never highlighted to me in the past and it was confirmed to me verbally by mr gopa kumar (Supertech finance department) that as the delay was due to supertech there was no interest against delay payment shall be charged against me but now supertech is going other way around saying that verbal agreement from their side has no values and i need to pay for delay charges due to delay in loan disbursement caused every time due to delay from their side in sending required papers to bank.

Additionally even today the online portal created by them doesn’t have delay charges against me but the last letter they generated have this component added with charge of 24% interest

I would request your intervention here so that i can be saved from this cheating

2- delay in project by supertech due to investment of buyers property in other projects i have purchased the flat in supertech capetown in 27th july, 2011 where they have taken 95% of the payment by 20th september, 2016, after which they have left the construction underway and start investing our money in other project causing a delay in procession, please note that the procession was agreed on 31st october, 2013 however it is still under construction and demand was generated now in june, 2016 after delay of around 3 years and still the flat is under construction and may take minimum 6 months more to finish but the prepossession letter is generated quickly to avoid paying further 6 month delay charges and that too at meagre rate of rs 5 per square feet per month that too after a grace period of 6 months
So delay rates that they charge from us and what they pay has huge difference and when it is discussed with supertech team, they communicated that yes we made biased agreement but there are no government rule in place to penalize us for biased rule and as i have signed their agreement, i have to agree with their biased rules where grace period for their delay is 6 months where there is no grace period for buyers and there is huge difference of delay charges, this is a complete mockery of indian judicial system and indian government that is done by supertech management and i would request government to penalize the supertech capetown management in drafting biased agreement
The delay of 3 years has caused below losses to me

1- i have paid interest amount to more than rs12, 00, 000 for the period of last 4 years and still i haven’t got procession of flat
2- similarly i have paid rent amounting to rs15, 00, 000 in past years waiting for the flat to be delivered
Hence i have borne the loss of around rs 27, 00, 000 due to delay from their side however the flat is still under construction

Also as per directives from national consumer court decision in similar cases, 18% interest as delay in possession shall be provided by supertech to me.

3- quality of flat - it is to be noted that the quality of flats in supertech capetown are very bad, we were promised very high quality flats by showing us great sample flats but the quality getting delivered is very bad and below the benchmark causing the life of its residence at stake, as per news the flat delivered to its buyers are of so cheap quality that its plaster fall off from the ceiling on the child of new owners causing injuries, i would request you to please force supertech to return rs 20, 00, 000 to every buyers that they have additionally saved on supertech flats by compromising the quality of its flat below security standards and a quality audit to be performed on their property so that in future they have to think twice before playing with the life of buyers

4- service charges to be returned - as per the delhi high court decision, w. P. (C) 2235/2011 and w. P. (C) 2971/2011 (The judgment was delivered on 3rd june, 2016), no service tax can be levied in respect of the agreements entered into between buyers and builders for flats in an under-construction building in a housing project and money shall be refunded with 6% interest rate, see below for news articles (Links below)

http://www.thehindubusinessline.com/news/real-estate/no-service-tax-on-purchase-...⇄ Ece

http://indianexpress.com/article/business/business-others/dont-pay-service-tax-t...⇄

http://www.thelogicalbuyer.com/blog/no-service-tax-on-buying-under-construction-...⇄

Etc.

When i checked with supertech capetown associates, i came to know that they are awaiting notification from service tax department to refund the service tax collected from buyers for under construction buildings, they have charged rs 1, 85, 991 as a service tax to me and are still refusing to return the money using multiple excuses

Please note that i have purchased the under construction flat from supertech capetown on 2011 and flat is yet to be delivered so i am covered as per the high court ruling and a quick action from your side will help me getting my amount back

5- labour welfare charges of rs 25/ per sq ft. + s. Tax amounting to rs 39, 318 : labour welfare charges cannot be passing on to consumer. This has to be bear by builder.In fact supertech has not charged to its consumers to which possession was given in dec 2014 in cape town but now they are cheating customers by charging this much amount to every buyers which they need to own, i would request your intervention here to avoid this corrupt practice by supertech capetown.

6- high rates of electricity and power backup charges:- we came to know that for electricity & water supertech is claiming amount which are almost double than its original tariff, they are charging rates such as electricity charges rs 20, 000/kva along with service charge, power backup charges rs 20, 000/kva along with service charge and water charges rs 25, 000 plus service tax which is very high compared to what is charged by government so this is again cheating with buyers money, i would request your kind intervention for correction of this, additionally as per agreement they have included electricity charges of 1kva in existing payment but now they are forcing us to pay 3 kva connection of main and power backup as per their decided rates.


7- advance maintenance charges @ 2.50 per sqft plus service tax amounting to rs 51, 923:- supertech is forcing buyers to pay advance maintenance charges without even completion of its flats and promised facilities, where we are forced to pay maintenance o[censored]nder construction premises where generally it starts when the flats are ready in all aspects and we need to pay it on monthly basis till 7th of each month, additionally the very high rates of rs 2.50 per square feet decided by supertech management on their whim is not charged by any builder in nearby area, hence i would request your intervention to bring these rates down and to charge the rates when the complete project is finished along with the facilities promised

In the end, i would request your kind cooperation to provide me justice in above matters asap, so that i and other supertech capetown buyers will not be harassed by unjustified charges

Regards
Gaurav srivastava
M-[protected]
M-[protected]