Property dispute problem

Under Construction Commercial Property

Dear Sir,

I booked a soon-to-be-started-construction commercial office in Gurgaon in May'2010 from a Gurgaon based reputed builder. That builder took 30% from me within  a span of  4-5 months i.e. by Sep'2010. However, nothing happened after that till today. Only recently in May'2013 when I recived a demand notice from the builder. I sent a letter through regd email raising various points as detailed below:

.quote

1. Your project has been delayed considerably by almost around 3 years during which no major activity happened at the site though your officials assured for the same various and various times Kindly forward the reasons for the delay.

2. All of a sudden, we received an unsigned printed intimation from your company that construction will be started very soon. And immediately after few days, we received the mentioned notice asking for payment against start of casting of 3^rd Basement Floor Slab. On visiting to the site, we found no major development. The whole attitude and behavior of your company seems daisy and doubtful. We request you to forward us the proof proving that the third basement excavation has been started.

This is also important to point out that the response of your officials were not good at all in the past as almost most of the times, they preferred to ignore our phone calls. Their every promise always failed and we never received any explanation for that. Everything is doubtful and daizy.

3. From abovementioned, it is clear that the stipulations of the agreement are not being honored bonafide and delay in the project activities have happened. With this sudden demand of fourth installment of such a huge amount, we are unable to arrange finance within short span of time.

7. We have started getting in touch with different banks for finance of my commercial flat. It will take time to get the sanction from bank. Hence, it is requested to provide us at least another 60 days for making the payment.

8. Kindly provide me all approvals/sanctions from statutory authority like building sanction plan, land purchase documents, etc. This is needed for my record and for my approaching to bank for finance of the same.

9. Kindly confirm that B L Kashyap has been appointed for construction of the same as claimed in broacher.

.Unquote

I received no reply though almost 15 days have been lapsed. I too have not made the payment. Kindly advice on the matter.

Thanks & Best Regards

CA Anup Goel