Offer of possession for my Penthouse in R tower Amrapali Silicon city, Noida sector 76 was sent in August 2014 with demand of final payment however, it is not ready as of today. There is no Plaster work done or plumbing, electric, not even brick work is completed which means house is absolutely not in a condition of possession. Even the elevator is not functional in aforementioned Tower.
Offer of possession is offered when finishing work is completed, which comprises plaster, plumbing, electrical, tiles, POP, etc. Only when these heads are completed or near completion, builder sends out possession offer where owner is asked for their preference of wall colors and other options if available.
However, not when plaster work is incomplete.
What do I do with the penthouse when the elevator is not functional?
I even spoke to the site manager, who did claim the construction is as per schedule and of ‘course the penthouse is ready for possession, if needed, I should speak to someone from corporate office, which is in Sector 62 noida, which I did and Mr. Praveen (from corporate office) confirmed over email to ignore the demand letter however, when I met him after a month, he said, he only asked me to ignore the letter for a month and I should make the payment now or else it might attract interest due to late payment. When I asked him if he had any idea on the construction status to which he said he will check??? Isn’t this crazy?
Builder has sent me a demand of +1 Cr demand and no one has any idea on the construction status, be it site manager or corporate office, all they want is that I should make the payment.
My question is how a builder can send an offer of possession when flat is actually not ready for possession.
As of moment, builder is sending out possession letters and is completing only those houses for which they are receiving payments irrespective of basic amenities are available or not e.g. elevator, generator back up, water back up, etc. or as a matter of fact even if the flat’s finishing work is not even completed.
I wonder if there is any LAW to save buyers or what if we can file PIL against this builder.
Please advise.