Dear Sir

We have purchased flats from Akshara Projects Consortium , office at 35 Kavi Sabitri Pr Chattaopadhaya Road, Lansdown Terrace, 2nd Floor,2nd Floor , Supra Court ,Kolkata – 700026.
The flat is constructed at RAjarhat Road , Salua and the project name is Akshara Whispering Willows. The builder has cheated us in not fulfilling any of the promises made to us in writing. The rooftop has been completely sold out without leaving any space for residents to even escape in case of fire. There is no fire fighting equipments. No CCTV installed.
The builder has sold out all common space as parking whereas the same were shown as common space in the Brochure. The builder now accepts that he has cheated us and even threatens us if we complaint to consumer court or even proceed towards litigation. The builder refuses to payback the corpus fund he took as a deposit of Rs 5 per sq ft and now claims he has spend the money. The builder has constructed a flat in a parking space at the ground floor after obtaining CC from Rajarhat Gopalpur Municipality and sold out the flat illegally.
The following are the correspondences sent to the builder but they havent responded to any of our letters sent in Registered Post with A/D.

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Date – 27th June 2011

Mr. Anish Himani
Akshara Projects Consortium,
35 Lansdown Terrace, 2nd Floor,
Kolkata – 700026.

Dear Mr Himani

In response to our letter dated on 17th June 2011 to Mr Prakash Chandra Agrawalla, we thank you for visiting our residential society Akshara Whispering willow and meeting the association members on 25th June 2011 and discuss the pending works which need to be completed by you.
We highlighted to you the following pending points which have been agreed by you for immediate action before initiation of the handing over process of maintenance to the Akshara Whispering Willow Residents Welfare Association. The below mentioned points are pending from the time you have given possession of the flats.

1. The approach road from the Rajarhat main road to Akshara Whispering Willow complex to be constructed by you. We also expressed our support in giving a joint petition along with you to the municipal authorities if initially required. You agreed to construct the approach road linking all the 3 entrance gates at your cost.

2. Installation of lightning arrester in Block A & B for safety against lightning. The same has also been agreed by you.

3. 30% space on the roof terrace common for all residential flat owners to be ear marked by you and a constructing a passage to move from one unit of the block to the other. You agreed to furnish us in duplicate the terrace plan duly highlighting the common space calculation to show 30% common area.

4. You will also inform all the flat owners to whom you have sold terrace rights about the terms and conditions of any permissible possibility of temporary or permanent construction/ alterations, as many of the terrace owners have started temporary and permanent constructions on the roof, which is detrimental to the interest of other flat owners.

5. In many of the open areas you noticed that there has been considerable subsidence of ground soil and the yard and you agreed to repair those common floor / yard areas after proper filling in sub soil.

6. The exposed electric meter boxes and the ground exposed areas are required to be covered and the same was agreed to by you.

7. One Step for entrance to the Community Hall to be built in since it remains water logged due to improper floor leveling. The same has been agreed to by you.

8. The open parking space in the common area which has been sold out need to be vacated for common area purpose. The said disputed open parking’s are those which are not as per the actual plan or brochure which was handed over to all the residents at the time of sale need to be vacated for common area purpose.

9. The outside wall painting needs to be completed wherever the repair work was done. The same was agreed to by you.

10. A maintenance office of 14ft -3” X 10ft to be constructed as per the plan and the layout mentioned in your brochure. Since the original space which was designed for the maintenance office has been sold as parking area, a maintenance office to be constructed as per original specifications mentioned in the brochure. The same was agreed to by you.

11. The builder is supposed to insure the land and the building covering the liability for any loss or death caused by any defect in land or building for 5 Years at his own cost as per Sec 12 of W.B. Regulation of Promotion Building Act 1993. We would be requiring a confirmation along with a copy of insurance policy from your end in compliance of the Act. You agreed to revert after confirming from necessary office bearers in your organization. The act was shown to you during the meeting.

12. Installation of electric meter is pending for many flat owners in spite of them depositing the money at your office.

13. Repair of few stair cases which were broken during the course of construction work of the building. The same was agreed to by you.

14. Installation of Air Conditioners inside the community Hall. The news paper advertisement issued by you promising Air conditioned community hall. The promise has not been fulfilled by you and you were requested to comply with the provision of the air conditioning.
Also we would like to express our concern regarding the flat which you have built in the ground floor parking area as we would like the same to be either demolished or to be kept vacant or handed over a portion of the flat to the association in lieu of the maintenance office mentioned at para 10 above.
We hereby request you to kindly expedite in compliance of the above pending points as you agreed to complete all pending works in next 90 days.
Also we agreed that in meantime we will complete the Association’s registration formalities and will soon take charge of the maintenance of the Akshara Whispering willow complex.
You also agreed to furnish the audited statements of all Income & Expenditure in maintaining the society from April 2009 along with the refund of maintenance deposits. You also agreed to furnish a complete list of flat owners, their full permanent address , telephone nos, dues towards maintenance etc
Looking forward for your co-operation and we assure our continuous support to you and your maintenance team.

Thanking You,

For Akshara Whispering Willow Residents Association.
Akshara Whispering Willow
Rajarhat Road , Salua , Kolkata - 700136


Copy to :
1) Mr Prakash Chandra Agarwalla.
Akshara Projects Consortium,
35 Lansdown Terrace, 2nd Floor,
Kolkata – 700026.

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Date – 5th January 2012

To
Mr. Arun Saraf
Director
Akshara Projects Consortium,
35 Kavi Sabitri Pr Chattaopadhaya Road
Lansdown Terrace, 2nd Floor,
2nd Floor , Supra Court ,
Kolkata – 700026.

Dear Mr Saraf .

Sub:- Completion of the pending works at Akshara Whispering Willows Rajarhat site & handover of maintenance to the flat owners association.

Further to our letter dated on 27th June 2011 addressed to Mr Hanish Himani your office representative mentioning him the pending works which need to be completed by your office as promised by your office bearers, there has not been any response from your end in confirming by when you plan to complete the pending works. In our aforesaid letter dated 27th June 2011 we requested you to complete the pending works within next 90 days and then handover the maintenance activities to our flat-owners association along with the return of the maintenance fund of Rs 5 /sq ft which is deposited with you.
We also met you at your office along with your office bearers and we brought it to your notice the list of pending works and explained you the harassment we have been facing due to non completion of the important pending works.
We have also not heard from you that by when you will be constructing the approach road from Rajarhat main road to our building site connecting three main gates. We also highlighted you the safety features which are missing in terms of fire fighting equipments and an escape route through terrace as you have sold all the terrace rights leaving no space for residents to escape using the terrace in case of occurrence of fire in any emergency situation. You are requested to comply with the necessary norms as directed by the fire department authorities.
We therefore request you to complete all the pending works mentioned in the letter attached which was sent to your office and also discussed in person with you on 22nd Dec 2011 and enable us to take over the maintenance of the building complex.
Kindly treat this letter as a reminder once again in completion of the pending works urgently.
We also suggest you to recover all maintenance charges at your own capacity from all falt owners whose maintenance fees are unpaid and furnish the audited statement of accounts of our maintenance money which you have been collecting w.e.f April 2009.
We also herewith attach the letter sent to your office on 27th June 2011 for you to refer the pending important works which need to be completed and complied by you without any further reminders immediately.
An immediate reply is requested.

Thanking You,

For Whispering Willows Welfare Association.

General Secretary
Akshara Whispering Willows
Rajarhat Road , Salua , Kolkata – 700136

Copy to:
1) Mr Prakash Chandra Agarwalla.
Director - Akshara Projects Consortium,
35 Lansdown Terrace, 2nd Floor,
Kolkata – 700026.

2) Hanish Himani

Akshara Projects Consortium,

35 Lansdown Terrace, 2nd Floor, Kolkata – 700026


3) N.K Prasad

President – Whispering Willows Welfare Association.

Akshara Whispering Willows

Flat 101, Block A, 4th floor , Salua, Rajarhat , Kolkata - 136.




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Date – 11th January 2012
To
Mr Arun Saraf / Hanish Himani
Akshara Projects Consortium,
35, Lansdowne Terrace, 2nd Floor, Supra Court,
Kolkata- 700 026

Dear Sirs,
Re. : Payment of Elecricity bill of Akshara Whispering Willow
You have sent 7 electricity bills of WBSEB in the name of Prakash Chandra Agarwalla with payment due dates of 13-01-12 and 10-02-12 and due amounts totaling about Rs.50,000/-each . The bill dates of each bill are 07-12-2011, meter reading date 07-12-2011 and period of each are Sept, 11 to Nov., 11.
You have unilaterally stopped maintenance of this residential complex w.e.f. January, 12 without completing the works and handing over charge of the complex with all documents, in spite of our repeatedly requesting you to do so. This has caused enormous inconvenience to the residents of this complex.
The bills are dated 07-12-2011, the period is Sept,11 – Nov.,11 and meter readings of these bills were taken on 07-12-11, and you were undertaking the maintenance of this complex. Hence, legitimately you are liable to clear the electricity bills as you were also collecting the maintenance charges for the said period.
However, since non-payment of bills will lead to disconnection of electricity supply and the residents will be highly inconvenienced, we are making arrangements to pay the bills but however you are requested to pay back the amount to “whispering willows welfare association “by next 7 days without any further reminders.
Also again we are reminding you to complete all the pending works which we have been highlighting to you in reference to our letter dated on 27th June 2011 & 5th January 2012 and then handover all the maintenance activities to us along with the return of the corpus fund of Rs 5/ sq feet and all relevant documents.
Yours faithfully,

For Whispering Willows Welfare Association

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We are now looking for a justice through Consumer Court immediately hoping such menances done by the Builders to be taken seriously and they should be penalised under section 156 Clause 3 , Breach of trust and under Cheating as per Sec 120(B) and sec 420 of Indian Penal Act.



Regards
Sirshendu Sinha Chaudhuri
General Secretary
Whispering Willows Welfare Association
Rajarhat Road, Salua Bazar.
Kolkata - 136
email - aksharawhisperingwillows@gmail.com
Phone - 09804199111