NPB & Legal Associates

NPB & Legal Associates
# Unit. No. 7, 6th Floor,

SUSHMA CHANDIGARH INFINIUM, CONTACT: 9914617739,
Chandigarh-Ambala National Highway, E-Mail npblawoffice@gmail.com,
District: SAS Nagar (Mohali) Website: www.lawyernpb.com
Zirakpur (Pb.)-140603.
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Ref No. 63/NPB/2022 Date:
31.03.2022
To,
1. SUSHMA BUILDTECH LIMITED.
Through its directors
(CIN: U70100CH2005PLC028728)
REGISTERED & CORPORATE OFFICE:
Unit No. B-107, Business Complex-Elante Mall, First Floor, Industrial Area, Phase-I,
Chandigarh-160009.
E-Mail: customercare@sushmabuildtech.com
2. MANHATTAN INFRA SERVICES PRIVATE LIMITED.
Through its directors
(CIN: U45209CH2012PTC034232)
REGISTERED ADDRESS as published on www.mca.gov.in
Unit No. B-107, Business Complex-Elante Mall, First Floor, Industrial Area, Phase-I,
Chandigarh-160009 E-mail: group.sushma2005@gmail.com
3. Executive Officer, Municipal Council Zirakpur #403, Gaushala Road, Preet Colony,
Zirakpur, Punjab-140603
E-Mail: eomczirakpur@yahoo.in
4. Chairperson, Real Estate Regulatory Authority, 1st Floor, Block-B, Plot No.-3, Sector-
18A, (Near Govt. Press UT), Madhya Marg, Chandigarh - 160018
5. Sub Divisional Magistrate (SDM) Derabassi, Issapur Road, Mohan Nagar, Derabassi,
Punjab-Pin-140507.
6. Addl. Deputy Commissioner (ADC), Sector-76 SAS Nagar (Mohali)-160071.
E-Mail: adcg.sasnagar@gmail.cc, adcd.sasnagar@gmail.cc
7. Chief Administrator, Greater Mohali Area Development Authority, PUDA Bhawan,
Sector- 62, S. A. S Nagar, Mohali, Punjab
E-mail: helpdesk@gmada.gov.in
Subject: Legal Notice

Sir,
Under the instructions & authorization of my client, Manohar Lal Bhatia
S/o Sh. R.C Bhatia presently residing at Tower 16, Flat No. 606, Orange County,
GH4, Indirapuram Distt. Ghaziabad- 201014
I do hereby serve upon you the following legal Notice: -
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Local Office: - H.No.10, Ground Floor Sharma Estate, N.K Sharma Road, Near Shankar Medicos, Zirakpur Dist. SAS Nagar (Pb.)– 140603.
Chandigarh Address; Room No. 27, New Bar Complex Punjab & Haryana High Court, Sector-1, Chandigarh-160001.
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The relevant fact constituting cause of action of the proposed legal action
and relief there under will appear herein below as under.
MY CLIENT by virtue of agreement to sell dated 21.05.2014 &
allotment letter dated 05.15.2014 is a buyer/allottee of ‘office unit’ i.e., Unit No.
37, Floor No. 14th in the project/building namely “SUSHMA INFINIUM” having
super area 297.82 sq ft. (hereinafter referred to as the “Unit”). The
Promoter/Builder i.e., addressee No. 1 has sold/allotted my client said commercial
office unit in the project/building namely “SUSHMA INFINIUM”. My client is
having numerous grievances against you (addressee No. 1 to 3). The grievances of
my client in details for your kind consideration are given herein below as under: -
GRIEVANCES
1. That the said project was registered under RERA in year 2017. By the virtue of
said registration under RERA, the agreement to sell dated 21.05.2014 has itself
lost its relevance and became insignificant. Thus, you the addressee No. 1 was/is
bound to execute fresh agreement as per RERA before offering possession to my
client. Further, you have never provided the copy of Completion & Occupation
Certificates issued by Urban Local Body/Municipality in respect of completion &
occupation of units in project/building namely “SUSHMA INFINIUM” till date
despite repeated written & verbal requests of my client. Whereas, you (addressee
no. 1) offered possession of the said unit to my client vide letter dated 02.09.2019
without enclosing Completion and Occupation Certificate which is an
indispensable criteria, Whereas, the unit is/was still incomplete, in an inhabitable
& unlockable condition which is contrary to agreement to sell. It is pertinent to
mention that numerous litigations are pending against you (addressee No. 1, 2 &
3) before the District Consumer Redressal Commission at Chandigarh wherein
you have submitted reply annexing the copy of competition/ occupation certificate.
The said copy is received by my client from one of the allottees and after
comprehensive discussion with the legal counsel, it is found that the said
certificates are not in accordance with the law and prescribed language. Further,
the said completion certificate doesn’t even indicate that the project is complete as
per the sanctioned plan, layout, drawing, approved by the competent authority.
Thus, it clearly appears that the certificate in question is obtained by you
(addressee No. 1) by illegal means and in connivance with the officials of
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addressee no. 3. Had it been a valid certificate and as per the prescribed language,
then your project would have got the PSPCL electricity connection and other basic
amenities prior to the issuance of the said certificate in question which still lacks
in the project and are amounting to deficiencies in services and unfair trade
practices. Furthermore, even the project seems to be on-going on the website of
RERA and also according to quarterly audit report, the said project got 100%
completed on dated 10.11.2021 which is contrary to the completion certificate in
question. Moreover, you have offered possession without holding & providing the
occupation certificate and your officials have tactically fooled the allotees/my
client by interpreting and misrepresenting the documents while offering the
possession.
2. That when my client/allottee failed in accepting possession as per your letter of
offer of possession due to the failure on your part to provide competition/
occupation certificate, then you had served termination letter dated 14.04.2021
wherein you demanded documents holding charges @ Rs. 5 per sq. feet from my
client and also total outstanding amount of Rs. 25,855/-. However, my client wrote
various emails to your officials which were completely ignored by you. Further,
you served reminders and show cause notice dated 28.04.2021 in respect of
termination which was/is not acceptable at any cost, as the building is still
incomplete. Whereas, you never bothered to reply to the email sent by my client in
respect of your various letters like show cause notice, termination letter and other
reminders. Finally, you declared the cancelation of the said unit of my client vide
letter dated 10.05.2021 without considering the emails sent by my client.
However, my client has already paid the entire sale consideration in respect
of the said unit.
3. That you (addressee No. 1) have received from my client/allottee payments against
other charges. These payments other than electricity consumption charges were
one-time payments & were to be paid to you at the time of taking physical
possession of the respective units. Whereas, letter of offer of possession served
upon my client was never accompanied with either completion or occupation
certificate or both. You raised demand of these charges from my client/allottee
while making offer of possession. Whereas, at that time the building/unit was not
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ready for delivering physical possession. These payments have been demanded &
received by you at premature stage.
Perhaps, you typically tried to offer the possession at pre mature stage for the
following reason:
I. So that you (addressee No.1 & 2) can start demanding maintenance from
my client/allottees & enjoy maintenance as heavy income/profit.
II. So that you (addressee No. 1) can stop assured returns immediately after
offering possession.
4. That you (addressee No.1&2) has/is demanding maintenance from my client in an
arbitrary and illegal way @ Rs. 8/- per. sq. ft. even before offering possession in
advance. However, you are charging such maintenance charges in a flexible
manner in the said project from different allottees differently. You have asked few
of the allottees to pay maintenance charges @ Rs. 5/- pr. sq .ft. and from others
you are demanding CAM charges @ Rs. 6.25/- pr. sq. ft. and also @ Rs.8/-
pr.sq.ft. such acts reflect your dominance and unfair practices and dealings. My
client even have proof in this respect. Further, you (addressee No.1) have arbitrary
stopped assured returns payable to my clients just before offering possession to my
client. However, my client didn’t even take physical possession till date on your
default of delay possession and without enclosing the same with completion
certificate.
5. That you (addressee No. 1) was forcefully offering unit of my client in an
unhabitable & raw condition. The electricity meter is not installed in the unit till
date. The said unit was/is not in a habitable condition which is prerequisite &
essential for handing over physical possession & to start office. The unit of my
client is/was not complete as on date/today. Even, the civil work has not been done
in the said unit like civil work, floors and putties. The said unit was/is without
electric wiring switch, plugs & without meter & all other ancillary items.
6. That in factual, project is still on-going & according to RERA quarterly audit
report, status of this project stands 100% complete on dated 10.11.2021 whereas,
you (addressee No. 1) had offered possession before completion by illegal way.
However, repair & construction work is still going on some floors and areas of the
building. Further, basement Parking of the said project is not ready to park the
vehicle. Even this building has not been issued Electricity Connection by the
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‘Punjab State Power Corporation Limited’ till date and are supplying electricity
from Gen-set. Therefore, question of electricity consumption charges at the stage
of offering physical possession does not arise. Therefore, these charges have been
taken by the builder illegally. It is relevant to mention that selling electricity by
private means is an offense under the Electricity Act.
7. That further, you addressee No. 1 have not provided complete Fire Safety
measures in any of the units of the said project. You have only provided fire safety
measures/sensor laying in upward direction i.e., towards roof only & have not
installed fire safety features/sensors lying downwards. Therefore, you have
defaulted in providing complete fire safety mechanism which is essential &
prerequisite even for issuance of completion & occupancy certificate from
competent authority. My client’s unit is still incomplete & in these circumstances,
my client/allottee sought reason from you (addressee no. 1 & 3) that how the
completion/ occupation certificate is issued without fulfilling the necessary
requirement.
8. That you (addressee No. 1) have not constructed the Project/building as per
sanctioned plan, layout plan and specifications. You have done many changes in
the building without requisite sanction from the competent authority. Even, you
have installed iron metallic stair at both sides of the building connecting to first
floor with stairs. However, earlier there was no such provision/plan for said stairs.
Even, it has been heard recently, that you have sold out common space/area lying
outside/near lifts at center of each floor illegally to some vendors for opening
tea/coffee kiosk/stall/shops or for any other purpose. Moreover, you have sold the
open parking area at ground floor to an allottee outside his unit, who is running a
café/ restaurant, for making sitting lawn in front of the said unit in open vehicle
parking area.
9. That further, you addressee no. 1 is duty bound under RERA Act & also under
Punjab Local Laws to form association of allottees after selling 1/3 rd of the units in
the project & after getting the occupation certificate whereas according to audit
report submitted by the you in RERA, more than 90% of the units in building has
already been sold by you but you neither have made any efforts for registration of
association of allottees under local laws nor had provided details of total sold &
unsold units till date in your project “Sushma Infinium” along with details of
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respective owners & units with their contact numbers. This information is required
for registration of the Association of Owners/allottee before the competent
authority under law. You even cannot take CAM Charges till handing over the
project to the association of allottees.
You addressee No. 1 & 2 have indulged into deceptive practices &
have played foul play with my client/allottee by violating several provisions of the
law & engaged into ‘unfair trade practices’, resulting into deficiency &
delinquencies of services by presenting illicit certificates/documents & charging
heavy payments along with 24% delayed interest.
Therefore, through this legal notice I direct you to redress the
grievances of my client as following: -
a) I direct you to execute fresh buyer’s agreement under RERA provisions with my
client.
b) I direct you to withdraw your letter dated 10.05.2021 with immediate effect
wherein you have declared cancellation of the unit and all other letters served by
you in such respect and further to withdraw offer of possession letter dated
02.09.2019, since the same is not enclosed with completion certificate and in
actual the unit is not inhabitable condition.
c) I direct you (address No. 1 to 3) to provide/supply certified/attested copies of the
‘Completion Certificates’ & ‘Occupation Certificates’ to my client in case
issued by the competent authority (addressee No.3) in reference to completion &
occupation of entire Project/building i.e. “SUSHMA INFINUM” at Zirakpur
wherein the competent authority as per RERA norms finds mentioning
specifically that the entire project/building is complete as per sanctioned plan,
layout plan, drawings & specification approved by the competent authority in
order to offer physical possession to my client of the said unit.
d) I direct the addressee no. 3 to clear its stand on the subject of issuance of
completion & occupation certificates to the addressee no.1 against the project
SUSHMA INFINIUM.
e) I direct the addressee no. 1 to pay assured returns as agreed to my client & as per
agreement at least till issuance of completion & occupation certificates issued by
the competent authority i.e., addressee no.3 and till handing over physical
possession & to release pending arrears with immediate effects.
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f) I direct you (addressee No. 1 & 2) to pay on an average Rs. 2.5 lac against my
client’s units as discussed above for the civil work still needs to be done by him or
direct you to complete entire civil work including constructing and providing all
the required ancillary items in the unit as per guidelines & description of
unit/office after consulting with my client.
g) I direct you (addressee No. 1 & 2) to refund entire charges received from my
client/allottee on the pretext of electricity and other charges without offering
possession along with interest @ 12% annual till realization.
h) In case you (addressee No. 1 & 2) claim that you are having valid
Completion/occupation certificates, I direct you (addressee No. 1 & 2) to enable
the formation of association/society of allottees OR in alternate direct you to
supply the contact details of all allottees/buyers in the project/building so that my
client/allottee can proceeds with or apply for registration of association of allottees
before competent authority in accordance with law under applicable laws.
i) I direct you addressee No. 1 & 2 to pay compensation of Rs. 5 lacs to my
client/allottee for causing mental harassment, agony/humiliation inconvenience &
misleading my client by issuing Offer of possession without Certificates of
possession and without fulfilling & making requisite compliances of statutory
norms as discussed above & for unfair trade practices, deficiency/ delinquency in
service. Further, I direct you addressee No.1 & 2 to pay Rs. 2 Lacs as deterrent
damages to my client for unfair trade practice.
j) OR in alternate to the all the aforesaid prayers, I hereby direct you to refund the
entire sale consideration (basic sale price and all other charges received by you so
far in whatsoever manner) to my client along with 12 % interest.
k) Keeping in view the facts pleaded herein above, I direct the address No. 4 to 7 to
take appropriate strict legal action against the addressee No. 1,2 & 3 for the
illegalities committed by them with my client/allottee & various other similar
situated persons.
You are hereby directed to do the needful with 15 days of the receipts of
this legal Notice, failing which my client/allottee shall be constrained to approach
the competent court/forum of law against you for the redressal of his grievances.
A copy of this legal notice is retained in my office for further necessary action.
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(NARENDER PAL BHARDWAJ) & (KAJAL SAINI)

A D V O C A T E S
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NPB & Legal Associates

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NPB & Legal Associates

# Unit. No. 7, 6th Floor,

Subject: Legal Notice

(NARENDER PAL BHARDWAJ) & (KAJAL SAINI)

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