Jaipuria's (fraud) possession letter

Jaipuria has this uncanny knack of surprising even those people who are well versed his tricks and tantrums for years. He threw another surprize to me (and all alottees) in the first week of April but I did not realize this until last week (though I certainly had that unknown fear at the back of my mind all along).

I received this so called "Possession Letter" sometime in first week of April this year.

My first impulsive reaction was that at last my dream is going to come true but as soon as I gathered my senses back I realized that I had visited the site only few weeks back and even the concrete skeleton was still being constructed. How can they offer possession so soon. I decided to have another look at this possession letter. And after that, I could not decide that whether it is "an offer of possession" or just another gimmick.

The very next day I called one of the persons given at the bottom of the letter. I put my concerns and I was politely told that this is an intimation to those who have not paid the additional amount demanded and that I need to do anything about it. I asked for a written reply to same effect and, as always, I was told that they cannot send me written letter or email. This raised my eye brows a bit but then I thought since the building is no where near completion, this letter cannot be an offer of possession.

I noted few points out of this letter which were still hounding me:

1. This letter talks about "initiating the process of handover" but my flat is not even plastered.
2. They have not given any explicit demand in written and only "invitation to talk"
is offered.
3. Why the term "clear all the dues" is used so ambiguously?

I tried to gather information from other sources and talked to Jaipuria people again and again but the ambiguity persisted. Around a month after that I went to that place again and I was aghast at the state and pace of work. Here is what I saw (on May 6th, 2007):


Only 3 (G, H & I) out of 16 blocks were plastered completely... see below:

I still could not believe that the "process of takeover/handover" has been initiated by the builder. Time went by and things got blurred in my mind (I am a person with very short memory). We had few more meetings/demonstrations against Jaipuria in the coming months to hurry up the construction work and give us possession but nothing seemed to work.

Then came the stunner... I saw an email, in this month of August, posted on our group by one of the allottees. It said Jaipuria is refuting the claim of delay-penalty saying that he has already given the possession letters dated 31st March and onus is now on us to deposit the remaining amount and take the possession. I couldn't believe it, so decided to talk to Jaipuria myself. I called them up and asked about delay penalty and I was told that delay penalty upto 31st March will be given to us. I argued that the flats are not ready even today, how can you not give us delay penalty for period till the actual possession is given. But then came the shameless reply - "We have given you letters to begin process of handover on 31st March, now it is up to you to clear your dues and take the possession."

What is that logic? Flats are not ready, still you are asking me to clear my dues (which should have been cleared at the time of possession) and take the possession. You are not giving me apple and still saying that I must eat it!

Folks, this is my painful story. I have now decided to move to Consumer Court to seek justice... but how do you deal with such people? Everybody can't go to court every time... I think prevention is the best way... so friends, Beware Jaipuria!!!