AMIT PATNAIK, Apartment Resident, Mumbai
Q: Hi. My name is Jalpa. I have booked a flat at Casa Univis but I am extremely worried about the progress of the project. Has anyone visited the site recently? Do you think we all will recieve the possession within the stipulated deadlines..

My replies to this discussion
I've booked in Ignis (E), the possession for which is revised to somewhere between july end 2012 - Sep end2012 but without OC (which is illegal). So we may need to wait for some more time or long time to occupy out flats or else have to fight.I've booked in Ignis (E), the possession for which is revised to somewhere between july end 2012 - Sep end2012 but without OC (which is illegal). So we may need to wait for some more time or long time to occupy out flats or else have to fight.
Q: Hi - does anyone know the construction status. I booked my flat in Aug 2009 and have not heard any news till now - They kept saying there is a boulder that was found on site - There is some approval pending etc. Have no clarity on whats going on. Concerned this might be a ghost town.

My replies to this discussion
Hi Guys, I've booked my Flat in IGNIS (E) in Aug 2009 and registration was done in Oct2009. I'm a regular visitor to the site for the construction update. My last visit was on April 2012 during the launch of the phase-II (so called LODHA DAWN). But it was strange to find that it's nothing but the CASA UNIVIS project only. When I revisited the Boucher of CASA UNIVIS I found that they removed 2 clusters from CASA UNIVIS and renamed it as LODHA DAWN thereby increasing rates. Regarding the IGNIS update (as per my last visit on Apr2012), the D, E and F wings have been completed externally. I visited the 15th floor of my flat and found that the internal works are pending. According to them they are saying D wing will get the possession first followed by E and F. They were saying that possession will start from July end onwards for which they have sent a letter and will be in a phased manner.Hi Guys, I've booked my Flat in IGNIS (E) in Aug 2009 and registration was done in Oct2009. I'm a regular visitor to the site for the construction update. My last visit was on April 2012 during the launch of the phase-II (so called LODHA DAWN). But it was strange to find that it's nothing but the CASA UNIVIS project only. When I revisited the Boucher of CASA UNIVIS I found that they removed 2 clusters from CASA UNIVIS and renamed it as LODHA DAWN thereby increasing rates. Regarding the IGNIS update (as per my last visit on Apr2012), the D, E and F wings have been completed externally. I visited the 15th floor of my flat and found that the internal works are pending. According to them they are saying D wing will get the possession first followed by E and F. They were saying that possession will start from July end onwards for which they have sent a letter and will be in a phased manner.
. But when I asked them 'bout the OC (Occupancy certificate) and Completion certificate they said they have applied for OC and will be getting that in next 6 months as that is the standard waiting period. But I'm sure it may take longer. So they said they will be giving the FIT-OUT possession in phased manner but without OC and that time they will be demanding the remaining possession amount with the society and other charges. When I questioned that how come they can demand possession amount without the OC, they said it is like that only and it is not the actual possession but the FIT-OUT possession. That means even though they hand over us the keys we cannot officially stay there as we don't have OC. Whenever I ask them ‘bout my compensation for the delay they just end up saying these magic words “we'll follow as mentioned in the agreement”. I’m quite sure they’re not going to compensate us and we’ve to fight for this.. But when I asked them 'bout the OC (Occupancy certificate) and Completion certificate they said they have applied for OC and will be getting that in next 6 months as that is the standard waiting period. But I'm sure it may take longer. So they said they will be giving the FIT-OUT possession in phased manner but without OC and that time they will be demanding the remaining possession amount with the society and other charges. When I questioned that how come they can demand possession amount without the OC, they said it is like that only and it is not the actual possession but the FIT-OUT possession. That means even though they hand over us the keys we cannot officially stay there as we don't have OC. Whenever I ask them ‘bout my compensation for the delay they just end up saying these magic words “we'll follow as mentioned in the agreement”. I’m quite sure they’re not going to compensate us and we’ve to fight for this.
The EMIs have been started and rents have gone high and the builder demanding all the hidden charges (Service TAX and VAT) all of a sudden. I’m losing patience since they always fail to keep their word ‘bout possession. Now the recent demand of 5% MAVT (as my registration was done on 2009) was really frustrating. It's really hard to make such an arrangement in such a stipulated time. Did anyone pay the MVAT? Friends, I think we should really take it serious and take some initiatives, so that we shouldn't lose our money and at the same time get a good product on time. What to say? The EMIs have been started and rents have gone high and the builder demanding all the hidden charges (Service TAX and VAT) all of a sudden. I’m losing patience since they always fail to keep their word ‘bout possession. Now the recent demand of 5% MAVT (as my registration was done on 2009) was really frustrating. It's really hard to make such an arrangement in such a stipulated time. Did anyone pay the MVAT? Friends, I think we should really take it serious and take some initiatives, so that we shouldn't lose our money and at the same time get a good product on time. What to say?
Q: I was registered in the month of Feb 2010 and now Lodha demands 5% vat and provide time for 15 days for the receipt of call letter other wise they will charge interest at the rate 18%. they are delaying the possession by almost 1 years and giving at the start of Aug 2012 without OC , but you hence to pay all the money of possession without OC and even we have to pay 2 years maintenance charges from the date of possession.Can some body guide me in this regards.Owner of Ignis D wing.

My replies to this discussion
Umesh, This is Amit Patnaik. I also got the same demand for (IGNIS-E) from builder and but managed to deposit the VAT. As you said they are very particular 'bout their money but they don't bother 'bout us and our compensation for the delay. They still keep saying that they'll adjust that at the time of possession. I was last told that the fit-out possession will be starting from July2012 end onwards. But I aruged with the builder that I'm not accepting the possession without OC and even I'm not going to pay the maintenance and final demand until the OC is ready and club charges etc etc until the amenities are ready. If the builder fails to get OC and won't compensate I'm going to consumer court. I've asked the that and then i didn't get any reply from them. Did you get any updates?Umesh, This is Amit Patnaik. I also got the same demand for (IGNIS-E) from builder and but managed to deposit the VAT. As you said they are very particular 'bout their money but they don't bother 'bout us and our compensation for the delay. They still keep saying that they'll adjust that at the time of possession. I was last told that the fit-out possession will be starting from July2012 end onwards. But I aruged with the builder that I'm not accepting the possession without OC and even I'm not going to pay the maintenance and final demand until the OC is ready and club charges etc etc until the amenities are ready. If the builder fails to get OC and won't compensate I'm going to consumer court. I've asked the that and then i didn't get any reply from them. Did you get any updates?
Q: I have booked a flat in Ignis 'F'. According to the agreement the builder is liable to pay interest on delayed possession after Dec 2011. When I spoke to the customer service person, he told me there is a clause (24) in the agreement which says if any payment is delayed from the buyers side, the builders interest on delayed possession will get forfeited. I have already paid interest on one delayed payment. Can the builder still not pay penalty on delayed possession?
gaurav

My replies to this discussion
Gurav, As far as I know the builder's claim is false. There's no such thing. I'm also trying for the compensation from the builder for my flat in IGNIS-E. Earlier they said it'll be adjusted with the possession demand letter but now they are sayiing it won't be possible for them to pay the compensation as the delay was beyond their control. I've planned to go legal way through consumer court. To get the compensation from the builder in case of delay in possession, the only clause that needs to be there in the agreement is that the builder is liable to pay some percentage to buyer on demand. If it's there then we can fight in consumer court and he'll give us. We can also talk regarding this. Gurav, As far as I know the builder's claim is false. There's no such thing. I'm also trying for the compensation from the builder for my flat in IGNIS-E. Earlier they said it'll be adjusted with the possession demand letter but now they are sayiing it won't be possible for them to pay the compensation as the delay was beyond their control. I've planned to go legal way through consumer court. To get the compensation from the builder in case of delay in possession, the only clause that needs to be there in the agreement is that the builder is liable to pay some percentage to buyer on demand. If it's there then we can fight in consumer court and he'll give us. We can also talk regarding this.
Q: Guys as you all must be knowing that our project has been delayed by more than 2 years. In my each meeting and written communication with LODHA 'bout the compensation for the delay possession, I was getting replay that that will be adjusted during the possession demand letter. But now last week when I asked my customer representative for a site visit, she asked me to pay the remaining 5% of the consideration i.e. nothing but the possession amount else I won't be allowed for a site visit. And she also confirmed LODHA is in no mood to pay the compensation to us for the delay payment. I asked her that by saying this they are breaching the contract mentioned in the Sale agreement. They said they don't bother 'bout this. So guys I've decided not to pay the possession amount and go to the consumer court. I also think you all will get the same response when you'll be aksing for the compensation. Guys please share your experience and opinion.

My replies to this discussion
Hi Guys, Please find a valuable link in the Sales Tax website, MH where we can find a clear information on the MVAT and FAQs. Select the link "New FAQs in respect of developers with basic information". The website URL is Hi Guys, Please find a valuable link in the Sales Tax website, MH where we can find a clear information on the MVAT and FAQs. Select the link "New FAQs in respect of developers with basic information". The website URL is
Thank you Sagar and Mohan. I think now the only way left is the legal way. Because once we pay the possession amount and take the possession the builder is not going to give the compensation. That is the reason I'm planning not to pay the possession amount and once I receive the demand for the possession I'll file a complaint in the Thane Consumer Court with all the relevent documents. I hope all the Casa univis owners will face the same issue. So why not join and work together and we'll get this thing done. We welcome opinion and suggestion from other people and flat owners and if possible we can meet or talk.Thank you Sagar and Mohan. I think now the only way left is the legal way. Because once we pay the possession amount and take the possession the builder is not going to give the compensation. That is the reason I'm planning not to pay the possession amount and once I receive the demand for the possession I'll file a complaint in the Thane Consumer Court with all the relevent documents. I hope all the Casa univis owners will face the same issue. So why not join and work together and we'll get this thing done. We welcome opinion and suggestion from other people and flat owners and if possible we can meet or talk.
Guys, since a lot of people have the same kind of impression on the trouble created by LODHA to the LODHA Splendora (formerly CASA UNIVIS) buyers and more people joining this forum I think I agree with people who think we should take it to a bigger level. We should conduct a formal meeting and collect the grievences of all the buyers together and discuss the steps to handle those. Please have your suggestions.Guys, since a lot of people have the same kind of impression on the trouble created by LODHA to the LODHA Splendora (formerly CASA UNIVIS) buyers and more people joining this forum I think I agree with people who think we should take it to a bigger level. We should conduct a formal meeting and collect the grievences of all the buyers together and discuss the steps to handle those. Please have your suggestions.
I agree with Hemant. This is the reason I've started this blog so that we get to know more people and their interest in the issue. And I got some people who are really interested in this movement. They did contact me and we’re in talk with each other. We need some concrete plan and have some kind of meeting and ask other people to join us, share their views. I agree this is a long process but nothing is that long and difficult unless we start early. Since the possession of IGNIS has been started we can take initiative and set a mark so that other clusters do not have to suffer. From my side I’ve filed RTI at Sales tax Department, Thane for the applicable MVAT and ST and the components (agreement value/total cost of the flat) on which it is applicable. Once I receive the RTI reply I’ll share with all of you and show that to builder. If builder doesn’t revert the charges then we have a strong case against him. Please share if anyone has taken any initiative.I agree with Hemant. This is the reason I've started this blog so that we get to know more people and their interest in the issue. And I got some people who are really interested in this movement. They did contact me and we’re in talk with each other. We need some concrete plan and have some kind of meeting and ask other people to join us, share their views. I agree this is a long process but nothing is that long and difficult unless we start early. Since the possession of IGNIS has been started we can take initiative and set a mark so that other clusters do not have to suffer. From my side I’ve filed RTI at Sales tax Department, Thane for the applicable MVAT and ST and the components (agreement value/total cost of the flat) on which it is applicable. Once I receive the RTI reply I’ll share with all of you and show that to builder. If builder doesn’t revert the charges then we have a strong case against him. Please share if anyone has taken any initiative.
So far we got to know that everyone is in opposition with the unfair demand of the builder regarding MVAT and denying paying the compensation. My agreement clearly mentions that the builder is liable to pay the compensation. Another news is that I got the possession demand letter for my flat (IGNIS E-1504) and there're a lot of shocking surprises out there. The Builder has charged MVAT and ST on Club, society, CAM and Other charges which are illegal. Another surprise is that they have increased the maintenance @6.5 /- per sqft against @3.5/- per sqft which is mentioned in the agreement. Also the possession demand letter doesn’t mention anything ‘bout the OC. I’m not taking the possession until the OC is received for my flat and the builder agreed not to charge any late payment fee for this. I’ll go to MCHI, Thane office and file an RTI for the MVAT % and seek help on how we can take against the builder for the violation he is doing based on the sale agreement.So far we got to know that everyone is in opposition with the unfair demand of the builder regarding MVAT and denying paying the compensation. My agreement clearly mentions that the builder is liable to pay the compensation. Another news is that I got the possession demand letter for my flat (IGNIS E-1504) and there're a lot of shocking surprises out there. The Builder has charged MVAT and ST on Club, society, CAM and Other charges which are illegal. Another surprise is that they have increased the maintenance @6.5 /- per sqft against @3.5/- per sqft which is mentioned in the agreement. Also the possession demand letter doesn’t mention anything ‘bout the OC. I’m not taking the possession until the OC is received for my flat and the builder agreed not to charge any late payment fee for this. I’ll go to MCHI, Thane office and file an RTI for the MVAT % and seek help on how we can take against the builder for the violation he is doing based on the sale agreement.
Mine is IGNIS E-1504. I'm quite sure they are not giving us the compensation so easily. We've to fight. They even don't bother that they are breaching the contract mentioned in the Sale agreement by denying the compensation. We've a strong point here since in our agreement the clause is there. Are you planning to take the possession without the OC and the compensation? I'm not since the compensation itself comes around 4lakh and I'm not going to loose that. I'm only waiting for the possession demand letter and then I'm planning for the Consumer court.Mine is IGNIS E-1504. I'm quite sure they are not giving us the compensation so easily. We've to fight. They even don't bother that they are breaching the contract mentioned in the Sale agreement by denying the compensation. We've a strong point here since in our agreement the clause is there. Are you planning to take the possession without the OC and the compensation? I'm not since the compensation itself comes around 4lakh and I'm not going to loose that. I'm only waiting for the possession demand letter and then I'm planning for the Consumer court.
I do completely agree with Rajesh. This is not fare. While executing the contract It's been decided the maintenance would be @3.5/- and they can not just increase to whatever rate. And I feel maintenance @6.25/- is not justified to place like Ghodbunder rd. Also I do not understand why are they demanding the Club charges now since none of the amenities are ready. I've visited the site 20 days back. They entrance road to the buildings are also not yet ready. I think all of the flat owners who have received the possession demand letter should meet up and decide on the excess maintenance charge imposed on us.I do completely agree with Rajesh. This is not fare. While executing the contract It's been decided the maintenance would be @3.5/- and they can not just increase to whatever rate. And I feel maintenance @6.25/- is not justified to place like Ghodbunder rd. Also I do not understand why are they demanding the Club charges now since none of the amenities are ready. I've visited the site 20 days back. They entrance road to the buildings are also not yet ready. I think all of the flat owners who have received the possession demand letter should meet up and decide on the excess maintenance charge imposed on us.
Hi Deepak, Even I'm also staying on rent and as you said its really painful to pay EMI, rent, MVAT, ST, CAM etc etc. I won't take the possession until the OC is received as it's a legal permission to move into the new residence. As per LODHA it has already applied the OC for IGNIS and it may take max 6 months but can be received within 2/3 months. And LODHA has also confirmed they won't charge the delay payment penalty if you'll pay the final possession amount once the OC is received and this is legally true. Once the OC is received I'll pay the possession amount and move into my flat and continue the legal work with consumer court. We can get some more people to join the group, exchange opinion, form an association and present our case collective in the consumer court. So we'll have a stand and make it fast.Hi Deepak, Even I'm also staying on rent and as you said its really painful to pay EMI, rent, MVAT, ST, CAM etc etc. I won't take the possession until the OC is received as it's a legal permission to move into the new residence. As per LODHA it has already applied the OC for IGNIS and it may take max 6 months but can be received within 2/3 months. And LODHA has also confirmed they won't charge the delay payment penalty if you'll pay the final possession amount once the OC is received and this is legally true. Once the OC is received I'll pay the possession amount and move into my flat and continue the legal work with consumer court. We can get some more people to join the group, exchange opinion, form an association and present our case collective in the consumer court. So we'll have a stand and make it fast.
There's no calculation as such. It is mentioned in the Sale agreement that if the builder fails to handover the possession of the said flat after the completion of the grace period (6 months), the Builder on demand is liable to pay the compensation @12% of the amount paid by the buyer so far. Considering my case I've already paid 95% of the agreement/consideration value. remaining 5% is the possession amount which is yet to be demanded by builder. The actual possession was May2011 and the 6 months grace period ended in Nov2011. So the penalty period started from Dec2011 till the actual possession i.e. with the OC but the builder claims it'll be the fit-out possession which is without OC. That is again a confusion. So the compensation in my case @12% on the the 95% of the consideration i.e. 36 lacs comes around 4.32 lacs a year.There's no calculation as such. It is mentioned in the Sale agreement that if the builder fails to handover the possession of the said flat after the completion of the grace period (6 months), the Builder on demand is liable to pay the compensation @12% of the amount paid by the buyer so far. Considering my case I've already paid 95% of the agreement/consideration value. remaining 5% is the possession amount which is yet to be demanded by builder. The actual possession was May2011 and the 6 months grace period ended in Nov2011. So the penalty period started from Dec2011 till the actual possession i.e. with the OC but the builder claims it'll be the fit-out possession which is without OC. That is again a confusion. So the compensation in my case @12% on the the 95% of the consideration i.e. 36 lacs comes around 4.32 lacs a year.
My comments to replies
In my personal opinion ,it would be wise to first take up possession & secure our Investment then collectively launch a case on the builder for compensation.
I agree with you Rajesh. This is indeed what I intend to do. I’ll take the possession only when the OC will be issued to my flat. But I heard from one of the fellow owner from IGNIS that they are now charging 6/- per Sqft as maintenance whereas in the agreement it was mentioned as 3.5/-. This is something which is not accepted. Anyway I’ve started the process for Consumer court. I’m awaiting the possession demand letter. I’m gathering all written communication, agreement copy, RTI documents (awaiting response) and receipts as evidence.
12th October 2012

I have booked 2 flat at Ignis A, and am hoping for possession in May 2013. My email: ryan.gupta@gmail.com
rajan, I don't think it'll be ready by May2013. I'm staying currently in IGNIS-E. I see that all the 18 flrs have been completed externally. But the flats might not be ready internally. Better to confirm from the builder and plan accordingly.
25th March 2013

Q: This is AMIT PATNAIK a fellow owner (IGNIS-E-1504) in the project CASA UNIVIS by LODHA in THANE. I recently joined the group and started sharing some of my experiences of dealing with the builder on various issues. To name some issues like 5% MVAT demand, Delay in possession, denial in paying the Compensation for delay possession etc. I think we should group together and start sharing our thoughts on how we can handle these issues. We’ll take the same initiatives like others have done for fighting against the builder for harassment to customers. The first thing we can do is we’ll start with a formal meeting and create an Association and register it. In this way we’ll l get government recognition as a BODY and have a good stand in the Consumer Court for fighting against the builder. Please share your thoughts and also if anyone has better suggestions we’re listening. Hope to hear from all.

My comments to replies
Hi Amit, you have taken a good initiative and it is really helpful.. but reaching buyers takes long time..
Hi Gurmeet, Yes I agree with you. But we can kick a start. Even though this forum helps us a lot in sharing information and discussing issues, creating an Association will give us government recognition. And 2 members of a society/building can form an association and then others can join. We can share our phone numbers/email and be in touch with each other. We can start having formal meetings at regular intervals and approach builder collectively for any irregularities, delay or any disputes such as denial in paying compensation for delay. If builder doesn’t listen to us we can knock the consumer court door and there we can get the justice. Actually I’m planning for consumer court since LODHA denied paying me compensation for the delay in possession. I’ve not yet got the possession so this is the only way I’m left with.
8th October 2012

Hi Amit, I was planning to buy flat in Lodha Casa Univis.. But I am worried about delayed possession.. Any idea when is the recent possession date as said by builder?
For IGNIS-E, the possession date has been revised 3 times. Now the builder says he’ll be handing over the possession to me by next month but with OC. Rest of the other clusters like Tiera they are still under construction and there’s no chance of the possession till mid next year. So you need to enquire a lot from the builder. IMP NOTE: 1 Please make sure that if you buy a flat in LODHA CASA UNIVIS, the possession date mentioned in the Allotment letter matches that of in the Sale Agreement. 2 Please make a note of the grace period (provided to builder) mentioned in the Sale agreement. It shouldn’t be more than 6 months. 3 Please make sure you Sale agreement includes a clause stating that the Builder is liable to pay compensation @12% of the amount paid by you if he fails to deliver the possession even after the grace period.
8th October 2012
Sorry possession will be without OC.
8th October 2012

Q: Guys, you all might be knowing that CASA UNIVIS project is now known as LODHA SPLENDORA. The D/E/F wings in cluster IGNIS are ready for possession and many of the flat owners in the IGNIS must have got the possession (fit-out) demand letter. Even I've [E-1504] got the fit-out possession letter. If anyone has taken possession and shifted there, please share us the experience with the possession formalities, flat inspection, living @SPLENDORA, any issues living there without OC or any other issues etc etc. This will help other fellow owners who want to shift there. I've heard that while doing the paper works for possession LODHA is asking buyers to sign some declaration that there're no dues from both the parties to each other and all payments have been settled and no parties can claim anything from each other. Is this true? Please share us the details. This is something really important others should know. Thank you.

My comments to replies
i have tried to go and see my flat at Ignis several times but they always dont allow. How can they stop us from seeing our own flat which we have paid for. Any update on the OC?
Which wing in IGNIS do you own a flat? I do agree that they do not allow to see your own flat before final payment. The same thing happened with me too. Regrading the OC we are told that it'll be expected in April.
1st April 2013

Hi Amit, can you tell me why the name was changed? Any idea?
I've received a letter from the builder saying CASA UNIVIS was a flag ship name and was not the real name. So they changed it to LODHA SPLENDORA. That is the reason I started this new blog so that someone who has already taken the possession and shifted there can share their experience and a better answer to our question.
5th November 2012

Amit, if you are the owner or resident of Lodha Splendora/Casa Univis, you can join the owners group and discuss your concerns with other owners/residents of the project in the group. To join click Join Owners Group.
I've already joined the group. But I can see my account is awaiting verification from CF administrator. It would be great if someone can help in that. Thank you.
5th November 2012

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