From: Rajkumar Bansal (Joint Owner),
Flat No-104, Wing-B, Poonam annex,
Poonam nagar, Virar (west) -401303
Mob. ********50, ********96
Dated: Wednesday, January 01, 2011
rajkumar_bnsl@yahoo.com

To,
Poonam Sky line Construction
Poonam plaza shop no.12
Trupati nagar, Virar (w), pin-401103
Kind attention: Mr. Suresh Mehta / Mr. Kalpesh Mehta
Subject: - Final Reminder before taking Legal Action.
Ref letter dated: 26/11/2010
Dear Sir,
There are many points pending for clearification from your side, referring the same we had already given you letter requesting for clarifying the points, buy your behavior of not listening to our point and not taking any letter in writing personally and after Registered A.D. Till date we have not received any feedback or action plan from your side, we again request you to furnish the details early so that a good relation of customer and builder can maintain or don’t force us to Take any legal action against you.
I have Purchased Flat (Jointly) No. 104, B-Wing in Poonam Annex Building (Land Bearing S.No.355. H.No.8 to 23) known as Poonam Nagar Complex at village Bolinj, Taluka-Vasai, District Thane-401303 from you, as agreement dated 10th June 2009.
1 Why is carpet area in sale agreement not mentioned? The rule states that builders should sell flats only on the basis of carpet area section 3 (2) of Maharashtra ownership flats (regulation of the promotion of construction, sale, management and transfer) Act, 1963, sale of apartment will be the basis of carpet area only.
2 You have sold flats to us on super built up area 860sq.ft. and your actual carpet area is not more than 570 sq.ft. If we add super built up 30% then it approx. come to 180 sq.ft. That is approx.750-760 sq.ft. And there is huge difference of area in our flat. What are the reason and other facility provided by you, for charging us so high on super built up area? According To that how much Sq. ft. should be our common area and according to your approvals/sanctioned plan. Please clarify the same.
3 Require Layout Plan of Poonam Nagar and Poonam Annex Building Blue Print, As per Your OC (occupancy certificate) you have changed/amended your plans 4 times, but when we ask you have given us blue print plan of 28/04/2006. We now require the latest one that is 02/06/2009 mentioned in your OC.
4 Why are only 17 parking areas allotted to 16 flats only (flat no Details written in each parking) and it is locked using chain, when we have 77 flats and 24 shops in our building? We would like to know how much parking space should be provided in our building Poonam Annex as per DC rules for Residential and with Shop line Building.
5 As per your CIDCO OC there is 24 Shops but we have seen Shutter of 26 Shops, we smell there is Gross Violation of Rules.(NOT AS PER PLAN)
6 Is there adequate water supply connection for 77 flats and in many shops also water connection? How many municipal water connections are granted for Poonam annex and give us details of underground and over head tank capacity granted and actually provided by you. And Overhead Tank Iron Lids Size Is Less Than the Open Window of Tank Due To That Rain Water and dust enter directly in tank and can create health problem.
7 You have to provide us garden with children play area before possession
But in end of December 2010 you had done this. In between Poonam annex and Poonam Atum building is the open garden area reserved for any other purpose (you have shown us in your sale broachers it is a fountain but there is no fountain till date). And we also want to know when our society is different then why one open garden is given to both buildings.
8 Why has the builder not given receipt of Rs 55000 which was taken in cash as society charges and not given bifurcation of the same amount (consumer protection act, 1986.)
9 As per agreement you were to provide us with generator back up. But you have given us only inverter battery backup and that is also very less up to 20-25 KVA, which is not suitable for long term performance, when will you provide us with generator back up.
10 You had charged us maintenance of Rs.1.50 per sq. Feet on super built up area. For e.g.; 860sq .ft. for 18 months. That is Rs-23220 .We now request you to clarify for charging so much amount and give us detailed accounts.
11 After paying so much maintenance, in one year no pest control and fogging was done in the rainy season. Due to that malaria and chicken guinea spread and people are facing health problems; we have the right to be clean and healthy environment.(UNDER CONSUMER PROTECTION ACT)
12 In many areas the drainage system is open and there is no proper attachment of pipes and it should be underground.
13 According to CIDCO OC you have to provide us SOLID WASTE in 2 compartment of 0.67CUM and 1.33 CUM. Capacity for every 50 Tene - ments for Non-Bio Degradable & Bio Gradable Waste. We have 77 Flats and 24 Shops according to OC, have you provided for Poonam annex building and where is the location?
14 Please present to us the mosquito proof treatment certificate obtained from the concerned municipal council for Poonam annex mentioned in OC.
15 After demanding minutes of the CGM Meeting held in 05/12/2010 in that I objected for parking area and other pending issues, but till date you had not given copy of the same.

• Note: please note down violation of MOFA (the Maharashtra ownership flats (regulation and permotion of construction, sale, management and transfer) Act 1963 is Criminal in nature and is Offence under various section of INDIAN PANEL CODE and also in THE CONSUMER PROTECTION ACT, 1986, against Deficiencies in services, unfair trade practices unscrupulous exploitation of consumers.
If I do not receive satisfactory reply within 15 days,then we will go forward to take legal action.
Thanking you.
Yours faithfully