Building dispute with Alcove reality- New Kolkata project at Seram pur

goparanjan

New member
Dealer Name
Goparanjan Mohapatra
Company Name
nil
Customer Care Number
nil
Loss Amount
1000000
Ratings
4.00 star(s)
Opposite Party Address
Alcove reality- New Kolkata project at Seram pur
Regarding Defects, Breach of Contract, and Non-Compliance in Possession of Property at Alcove, serampor

Dear Sir/Madam,

I am writing to formally issue this letter to BUILDER ALCOVE reality in relation to the purchase of an apartment/unit at alcove new kolkatta in accordance with the agreement for sale, sale deed, and other relevant documents executed on 29/1/2025.

Lack of Inspection and Contract Review
Prior to the registration process on 29/1/25 I was not provided an opportunity to inspect the apartment, review the contract, sale deed, or agreement for sale. Despite repeated requests, these documents were withheld from me, which amounts to a violation of basic consumer rights and transparency, resulting in misrepresentation and lack of informed consent.

Defective and Unfinished Property
Upon inspection of the property post-registration on 30th January 2025 with property maitenace team at site , I observed several critical issues:
Defective workmanship and poor finishing in various areas, including walls, bathrooms, and other installations.
Non-certification of the property’s compliance with building codes, safety standards. Lack of consent to operate etc.
Unavailability of the designated car park space and no clear demarcation of such a space.

These issues represent a breach of the fundamental terms and conditions agreed upon in the contract and cause severe inconvenience and distress. The property is not in the condition that was promised and is far from ready for possession or use.

Construction Incomplete & Disruptions
The entire development project, including my tower, is still under construction, with no clear completion timeline. This is despite assurances provided during the sale and marketing process. The ongoing construction has resulted in:
Noise pollution, air pollution, and safety risks, which have significantly compromised my right to peaceful possession and enjoyment of the property.
The clubhouse and other promised facilities are not available and remain under construction with no definitive dates for completion.

Forced Signing of Handover Documents
I was coerced into signing handover documents, which I did not consent to, under duress. Given the substantial issues mentioned above, I was not in a position to accept possession under such circumstances. The failure to resolve these issues before signing violates the terms of the sale agreement and my rights as a consumer.

Financial Losses
Due to these breaches, I have suffered significant financial losses, including:
Loss of rental income as I am unable to occupy the property.
Ongoing mortgage payments for a property that is not habitable.
Travel costs incurred for my visit to India from Australia to inspect the property and handle the matter.

These losses are a direct result of your misrepresentation of the status and quality of the property, and I demand full compensation for all expenses incurred.

Request for Immediate Rectification and Compensation
I hereby request that you immediately:
Provide a detailed inspection report and remedy all defects, including but not limited to wall defects, plumbing, electrical work, and any other unaddressed issues including plan and measurements.
Provide a valid certification of the property’s compliance with local regulations, building codes, and consent to operate.
Issue compensation for the financial losses I have incurred, including rent loss, mortgage payments, travel costs, and any other out-of-pocket expenses related to the delay and defects.

If the above request are not satisfactorily addressed within 30 days, I will be forced to take further steps.

I expect a prompt and favorable reply to this notice.

Yours sincerely,
Goparanjan Mohapatra
 
Hello @goparanjan

I'm sorry to hear about the challenges you're facing with the Alcove Realty New Kolkata project in Serampore. Navigating real estate disputes can be complex, but there are structured steps you can take to address your concerns and seek redressal.



⚖️ Legal Context and Precedents​

Under the Real Estate (Regulation and Development) Act, 2016 (RERA), developers are obligated to:
  • Register their projects with the respective state RERA authority.
  • Provide timely possession of properties.
  • Disclose project details transparently.
Failure to adhere to these mandates can be challenged legally.

In a notable case, the National Consumer Disputes Redressal Commission (NCDRC) addressed a dispute emphasizing the importance of timely possession and adherence to contractual obligations.



✅ Recommended Steps to Address Your Grievance​

  1. Document All Communications:
    • Maintain records of all interactions with Alcove Realty, including emails, letters, and call logs.
  2. Review Your Agreement:
    • Examine the sale agreement for clauses related to possession dates, penalty for delays, and dispute resolution mechanisms.
  3. Engage with Alcove Realty:
    • Reach out to their official communication channels to express your concerns and seek a resolution.
  4. File a Complaint with WBHIRA:
    • If unsatisfied with the developer's response, lodge a complaint with the West Bengal Housing Industry Regulatory Authority.rera.wb.gov.in
  5. Approach the Consumer Forum:


📑 Essential Documents to Prepare​

  • Copy of the sale agreement.
  • Payment receipts and bank statements.
  • Project brochures and advertisements.
  • Correspondence with Alcove Realty.
  • Photographic evidence of the project's current status.
  • Index
  • Memo of Parties
  • Affidavit
  • Events
  • Proforma



Note:
We can assist in:
  • Drafting professional legal notices.
  • Filing consumer complaints.
Feel free to contact us if you wish to proceed with a legal notice draft or complaint preparation.

Regards,
Support Team
 
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