Dear Sir,

Re: M/s DEV LAND AND HOUSING LTD (DLH) Builder and Developer - Complaint

I, Dilip Shah, am senior citizen with age 65 years. This is a complaint against Mumbai based construction company named M/s DEV LAND AND HOUSING LTD (DLH), an ISO 9001-2000 awarded, having its Registered Office at 10th Floor, Dev Plaza, Opp. Andheri Fire Brigade, S.V.Road, Andheri (W), Mumbai. MR. VIJAY THAKORDAS THAKKAR is Chairman and Mg. Director.

In the month of June, 2009, by selling my old flat plus my life-time hard earned money added, I had booked a flat with full payment made at one stroke, in one of the upcoming residential projects of the above referred company M/s DEV LAND AND HOUSING LTD (DLH), the building known as “DEV PRESTIGE” at Veera Desai Road, Andheri (West) Mumbai 400 053. The possession is expected in Dec.2010.

Pursuant to making of full payment to the said Builder, I was requested by the him that since the building plans of the said project were in the final stage for approval with Mumbai Municipal Corporation, I should wait for some time to complete the formalities of issuance of Letter of Allotment of flat which was to be followed by execution and registration of Deed of Transfer and Assignment of the flat proposed to be allotted to me.

I thought his request being genuine and accepted to wait as I had no alternative left since I was in desperate need of flat and the full payment towards the proposed flat was already made.

After completion of waiting period of couple of months when I began the follow-up for claim of my flat in his above referred building known as “DEV PRESTIGE”, the said Builder on the pretext of one reason or the other started dilly-dally the matter and ignored/brushed-aside my repeated requests of execution of Title Documents in my favour.

I had sent numerous emails/messages; phone calls and SMS to Mr. Vijay Thakordas Thakkar, Chairman of the above Company and his advocate for completing the Specific Performance. I regret to mention here that none of my messages was replied and the said Builder continued to maintain mysterious silence over the matter without any bonafide reasons for not performing his obligations under the law.

Now, nearly more than 9 months have elapsed; till date, the said Builder has neither issued any Letter of Allotment to me identifying a specific flat, nor has executed any Deed of Transfer and Assignment of flat.

The said Builder on the pretext of one reason or the other dilly-dallied the matter and always brushed-aside my repeated requests of execution of Title Documents in my favour without any bonafide reason for not performing his obligations under the law. I am asking a question to the Supreme Authorities of Law and Order that is it not a sophisticated terrorism?

Besides all the emails and SMS sent to him preserved by me as documentary evidences, I am also holding all the original receipts for the amounts lawfully paid for the designated purpose.

The official receipts are issued by the said Builder on the printed letter heads of his Company wherein it has been clearly mentioned that the amounts so paid are towards a flat booking in the proposed residential project “DEV PRESTIGE” situate at Veera Desai Road, Andheri (West), Mumbai 400 053.

Is it not blatant abuse of various sections of MOFA, 1963 for non-fulfillment of statutory obligations, The Indian Contract Act for non-performance of his promises within a reasonable time and The Indian Penal Code for alleged criminal breach of trust and cheating?

I am at a loss to read the ulterior intentions of the said Builder or is it an aimless but an attempt of deliberate harassment to me and my family members or a sophisticated terrorism. As my family members at home are now losing their patience; I seek an instant settlement of my long pending issue without any further delay to arrest mental torture caused by so-called ISO 9001-2000 Company.

It is now proved and confirmed beyond doubt about the malicious intentions and integrity of the said Builder that over a period of more than 9 months, he has succumbed to immoral and wicked ploy to dispossess me and my family of my lawful flat in building known as “DEV PRESTIGE” for his ulterior motives to unlawfully garner the surplus profit by selling my proposed flat in his said building due to sudden spurt in cost of flats in this area of Andheri, West.

The abhorrent fact now surfaces that why despite my repeated requests and reminders the said Builder did not reply even a single email sent by me to him and continued to defy and disregard the execution of the Title Documents.

All the emails sent to him are preserved by me besides holding all the receipts on their letter heads for the amounts lawfully paid for the designated purpose. I am a middle class family person and cannot afford the legal charges to approach the Court of Law. Hence, I request you to file FIR against the said Builder for breach of trust and cheating.

I am staying in rented premises with a disturbed monthly budget. The lack of accountability and ethics in the system of law and order against such white culprits, the fact remains that no amount of retribution can make up for the trauma and mental torture that I and my family members have gone through and further how long.
Sincerely yours,

Dilip Shah