Property still under construction since 4 yrs builder not respond
Dear Sir,
my self and my wife booked a under construction flat in June 2013,through the influence of my friend's brother,in Ulwe Mumbai, and builder assured us to handover the flat by October 2013, as days went off, the structure remained as the same , i was working out of Mumbai,use to visit once in every 5 months,when ever I reach Mumbai , use to make one visit to the site , never saw any progress, also frequently use to ask my friend's brother about the status, he often says, no need to worry he is trust worthy ,had constructed many projects including their church he is a god fearing person he cannot cheat any one, he has invested in some other properties hence due to shortage of fund the project is getting delayed,after two year i got transferred to Mumbai, still trusting my friend's brother's word use to keep silent thinking one day will get the flat, as I am staying in a rented house once when i went to another local estate agent for the renewal of my rented agreement,we discussed about this to him ,their the climax changed, he stood up and told us , better you return your flat to him and get your money back . he has cheated many peoples by not giving the flats on the said time, hearing this we literally shocked, and ran to my friends place, told all about him, still he never believed our words, said may be people are jealous of his growth ,please note during all this period when ever we called the builder in all his given contact numbers he never responded to our call , nor he called us back, one day we made up our mind to visit his office.he was not there, then i made my friend brother to call him for further discussion at his house, finally he came and started telling his personal problems, ignoring all that we kept our decisions,this was happened in the month of august 2015, very politely he promised to give flat in December 2015 in between twice i visited the site no progress, on the way to see the sight along with my whole family we met with an road accident due to tension, as it was a road accident it is registered/documented in Vashi police Station , also we had to bear lot of hospital expenses, my wife got serious injury 32 stitches in her head and 2 operations one in right hand little finger and other in elbow,our kids too had but in gods grace not much , and I had sever pain in chest & elbow of right feet i never bother to take treatment for my self , as their was no budy in the spot to help us all i had to do my own , as my wife was unconscious,all this was explained to the builder but no mercy, hope regarding this matter i am invested with a wrong person in a right project, as have availed 90% of bank loan from GIC housing finance , with out proper / invalid document how can the bank release this fund to the builder, when the agreement was registered, i was out of station , so my wife took it to one advocate near our residence and asked him to check it fully, he confirmed it was perfect, once my friend made an agreement in a stamp paper and made both of us to write on it which all date he can pay the amount as part payment ,he acknowledge it also we , still the original stamp paper is with me ,but he is care less, never bother to give any payment till date he had paid us only 5 lakhs , that too after several visit to his bungalow, and showing our kids school fees delay status and credit card out standing statement , my salary IT deduction slip ,also in between i have to speak to him bit rudely but no impact , he refused to pay, my wife pulled me back and advised to stay calm,it was informed to him earlier that,facing such frequent problems we are keeping Ganesha at our home for that at least we require the fund , he promised to give 2 weeks back but not confirmed the figure ,we continuously did followup as usual builder never call back nor show courtsy to pick up the phone,recently he tried to speak in different tone to my wife saying i had already discussed with your husband then why you call me often and disturb me , you guys never under stand others problem, she replied to him boldly the flat purchased from you is in both of our name so i have right to call you and ask the update and you are suppose to pick up our call and answer to our doubts, in between when he paid part payment of 5 lakhs , he involved his wife , who is no one to interfere in the deal, we are not able to meet this builder in his office or any other location , situation forced us to visit at his residence at night 10:00pm, we were asked to sit inside and the meeting started , my friend asked him to come to the point instead of talking bullshit , there after verbal argument started between both of them, thus his wife and daughter interfere in between , lucky that i took my wife along with us , as builder's wife insist saying we don't want to talk to your friend he don't have manners to speak with others , he has nothing to do with this deal, my wife stood up and crossed her saying , if this person was a good man at the time of purchase , how and he be a bad now, i have never seen you before when ever we came to fix this deal , you are born now from where? builders wife was speech less hence we wind up the meeting ,yesterday was the date given for payment, nothing happened we made over 75 call from both of our mobile number to his given number and residence land line nothing happened , just now picked up my call and again told next week , we are mentally stressed , no sleeps in the night paying bank loan but no result , i am a Diabetic and High BP patient cannot afford to buy medicine,nor to visit doc, my wife has high thyroid and stress, kids are too small , cannot pay school fees on time , and you all know the oil field situation , job is very shaky , after this contract cant say what will happen , we dose not have any saving , regular prayer to god is to provide strength to us not force us to do / take wrong decision /step ,both of us do not have any support from our family, thought several time to consult advocate , but some friends advised it could be very expensive, and will has to visit when ever they call, as i am bonded to work 24x7 365 days i cannot follow that , also some guys told these builders are very strong they have good influence in all government sectors, middle class people like us cannot fight with them , as , now the water is up to my neck, i decided to fight till last what ever it comes , at least my family will be getting some benefits after my death, they will survive , instead of me trying to attempt suicide,hence with lots of hope i am writing this to the concern ,hoping miracle do happen and will happen with us too , (Ganpati Bappa Morya)
kindly guide us , also thought of writing it to the CM of Maharashtra, but not sure weather it will work,
Regards,
Manoharan