| Name of Complainant | |
| Date of Complaint | April 19, 2020 |
| Name(s) of companies complained against | Surya pro construction |
| Category of complaint | Home & Garden |
| Permanent link of complaint | Right click to copy link |
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- Date: 04th March 2020
- To,
Mr.G.Raju,
A.Balajee Kumar,
Advocates,
“E” 7/29, Sidco Nagar,
Villivakkam,
Chennai – 600049
Mb: 9444261690
From,
Sudha.S
Plot No.141D, SPC – 1,
Lakhmi Vilas Bank Colony,
Perumalpettu,
Thiruvallur – 602024
Mb:9789555203
Dear Sir,
Sub: Statutory Notice dated under Section 138 of Negotiable Instruments Act with
regard to cheque no .041621 dated 15.12.2019 for Rs.50,000/- issued by me
to M./s.Surya Pro Construction
It is really surprised to note that Mr. Suryanarayanan of M/s.Surya pro construction, your client requested you to send me a notice for dishonour of my above cheque. Your client has not disclosed the facts to you for what reason I was forced to give stop payment order for the above cheque.
The builder handed over the house in semi finished condition and promised to do the required things to my satisfaction immediately after registration. He did not keep his promise but kept on demanding the payment. I also informed him about the difficulties we faced at home due to various issues relating to sanitary ware, fittings switches etc. I have to spend a sizable amount in rectifying the same. He was kept informed about that. As he was reluctant to accept my spending for the semi finished house, I realised that I have been cheated. Hence I am constrained to give stop payment order to my cheque.
In spite of knowing the facts, he deliberately presented my cheque to his bank and got it bounced so that he can sue me under sec.138 of Negotiable Instrument act. Further he sent a disgusting mail to me the language he used saying I was crying and begging him to sell his house to me. In the present scenario no customer is after the builder. Only the builders make the customer to believe that the property they buy is of good for the money they invest. As the customers are not technically sound they believe it and buy it and then they realise that they are at loss
I would like bring to your notice the following which justify my action for issuing stop payment order to the bank.
I request you to kindly go through the below mentioned contents which talk about my mental agony for accepting house in a semi finished condition.
Initially we finalized north side house (SPC-II) which is 840 sqft build-up 800 sqft they said, even the rate was high, they are not ready to negotiate, they convinced me saying “we never compromise quality and standard we assure” hence we charge this price. They said Mr.Samuel has blocked southside house(SPC-I). I requested them to make 2 toilet western, Mr.Sharath told that they do not have provision for changing it in north side house (SPC-II) and can change southside house(SPC-I) toilets to western, hence ask me to take the southside house(SPC-I). When we went to sign the contract for northside house they compel me to accept the southside house. Even then denied to change the western toilet later.
At the time of negotiation the builder has fraudulently mentioned both land and the build-up area as 800 sq.ft. While singing the contract i get to know the fact that the build-up area is 750 sq.ft only. When I ask them they convinced me saying “we never compromise quality and standard we assure” hence we charge this price. They forced me to accept the price by making me sign the contract and received the advance payment.
We registered the property on 15th November 2019, informed builder that we will shift to house on or before 30th November 2019 and gave him time till 15 days to fix CP fittings, sanitary ware, motor, etc., required for final handing over. After registration they didn’t handover property in proper condition i.e. clean, paint, checked all is working, chemical instruction for sewage sump, etc.,. When asked no proper response. It looked very absurd to me and i started losing faith with these people.
I have requested the builder that I will pay balance amount of Rs. 50000/- on 15th December 2019. Also have informed Mr.Sharath that the money is ready on 10th December 2019. Will pay it, once all the rectification work listed gets complete.
Motor switch plug is not put – we bought to claim
Kitchen switch board is loose. – Not rectified, your electrician said it can’t be done.
Current not coming in outside plug board. – Electrician rectified.
Terrace water leaks in to the house. To be arrested – rectified not properly pasted the chemical.
Paint and holes to be filled outside near motor – done
Common toilet to put western toilet – denied
Gate paint touch-up to be done – not done
Jaguar fitting to be changed – not done (only bathroom mixture changed)
Main door not locking top and bottom hinges. – done
Bathroom tiles corners are not sealed. – done by cibil person not tile person the area is looking very ugly, white patches of white cement.
Basin & drain in kitchen is rusted – not rectified
Health faucet in western is rusted near head. – not rectified
Master bedroom window water seepage to be arrested. – have to test during rain
Road in front of our house is not proper pls do something. – not rectified
Western toilet pipe cap above drainage. – done
Sink drainage dust stopper is not allowing water to drain.. Need solution. – no solution
Anything else will add to above points.
Drainage sump filled and overflowing – you suggested to clean with sewage vehicle and paid Rs.1800/-. Just in 2 months its overflowing, if we need to clean every 2 months the cost goes upto approx 10800/-. How it is possible
Plumbing & Electrical line sketch – not given
Since the house is not build as per approved drawing, i have asked for actual house sketch – not given
My house main door 3rd Key – not handed over.
Bath room door in western toilet split into pieces – rectified
Terrace walls having multiple cracks not addressed – not rectified
Sandstone between gaps not properly filled – rectified partly, not at the location where it is needed.
The below are the denied service charges which I claimed from builder. He further denied and pressured me to pay the amount in full. But I informed Mr.Sharath on 11th February 2020 that I have issued a stop payment to my bank. Later they sent me a mail that they will present the cheque.
House Cleaning
4,000.00
Electrical, motor plug, etc.,
1,000.00
EB payment for Sep & Nov bill
271.00
land tax for 8 months
500.00
repainting
10,000.00
plumbing fitting
29,260.00
Total amt. to deduct
45,031.00
will pay
5,000.00
Now since they being creating story that I had been harassing them. I would like to demand all that mentioned in my contract and oral confirmed which was denied / compromised by builder without my approval.
Change the western toilet with which they created confusion and changed my preference house.
Over head tank as per contract 1000 ltrs actual 500 ltrs
Main door, master bedroom & small bedroom doors are not made of teakwood
Wash basin as per contract Parryware actual not Parryware
water sump in his pamphlet mention 2000 ltrs but in contract it is mentioned 1500 ltrs
CP fitting as per contract Jaguar but in actual xen
Some more issues may be there which are hidden from my eyesight.
They denied 1 year maintenance which every builder would offer.
Above said all has a cost impact which was hidden and deceit to me. If we take value of all aspect I have overpaid to the builder. I claim Rs.1,50,000/- in addition to the hold amount Rs.50,000/- please ask them to pay for rectifying the above issues by myself, since I do not trust them anymore. I have all proofs such as contract, registered agreement, pamphlet, photos of house each dispute, whatsapp chats with builder.
Hope you now would appreciate my hardships and advice your client accordingly as if you were in my position.
Please note: any future communication do send letter to my residential address only
Thanks and regards,
Sudha.S
Encl: Pamphlet, Construction Contract, Mail & my reply.
Image Uploaded by Sudha: