Demand for payment of enhanced External Development charges (EDC) for RPS Savana

[preet]

Dear Vikram
You are absolutely right, not to pay enhanced EDC charges.
But do one thing, send one letter to RPS and mention that enhanced EDC case is sub-judice to Punjab & Haryana High Court. So we cannot make payment untill high court order comes.
thanks

Harpreet Singh
T6 RPS Savana
Cell: (0) 9999099299

[vikramchoudhury]

Thank you Harpreet. I will do the needful, as advised.

[pooja]

Hi,

Totally agree with Vikram & Harpreet; thus I am also not paying increased EDC amount. will wait for the hearing which is planned for 6th Sept and then decide wht to do further.

Pooja
RPS-PH(12)

[joshi]

Hi , even i am not paying and will wait till the hearing of 6th.

best of luck to the team for that....

[ddamitav]

Hi,

The Following reply I received from RPS when I requested them to give extension for EDC Payment as the case is Subjudice

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Dear Sir,

This is with reference to your e-mail dated 25/08/2011.

As regards EDC, the demand for the same has been raised by HUDA for all licensed project in Faridabad. Earlier you have paid EDC on the basis of interim rate which has been finalized now by authorities. Copy of notification is attached herewith for your kind consideration. Calculation of additional demand has been done on the basis of applicable EDC rates which is Rs. 174.94 lacs per acre for license year 2006.

As regards proceeding pending with high court, we also expect and wish positive outcome of efforts made by association of customers and developers. However in the absence to any confirmed decision/ order, payment of statutory dues cannot be postponed indefinitely. In case you plan to make payment of due amount later, you may take your decision accordingly.

Thanks

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In any case I am not going to pay the EDC which unreasonable

[sanjeev2111]

Hi All,

On 27th Aug when I visited RPS office and meet Mr. Rajesh Jain, he said that EDC payment delay for 3-4 days due to HIGH Court case will not affect or put any delay charges as builders has also filed similar case against HUDA.
So for confirmation, I had droped mail for extension of payment date till 10th and Mr. Rajesh told me that they will reply with confirmation and there is no need to worry.


But when I did not receive any reply till 30th Tuesday, I called RPS Office and talked to Mr. Rajesh Again. He said the extension of dates for 3-4 days is ok but he can't give this in wrting, citing the management is also not confirmed about this and he is just an employee to write anything like this. He said trust RPS on this and their will not be impact on additional delay charges. I confornted him with "TRUST" and told him all mis deads done by RPS, but he was so adament to accept anything on RPS.
They also did not confirm the actual amount of increased EDC per flat.

So, in all ways RPS is a fraud company to be trusted. I have decided to file counsumer court case against RPS in line with other members else they will not give early possition and penality charges for delay in posession (According to them there is no delay in construction and its going well at speed).

I will also encourage other members to file case in consumer court against RPS to safegaurd our hard earned money.

Sanjeev Kumar
Gurgaon
T8-805

[1975abhijit]

after reading all these post, i have also decided not to pay increased EDC charges.


secondly for consumer court thing, can it done as a group? pls some one comment.

Regards
Abhijit

[sadhus]

I have two flats at RPS savana and bought 4 years back.RPS has delayed our possession and its now 1.5 years late from promised time .I would urge everybody to assemble so that we can go and raise our voice at RPS site/Jasola office.They have cheated us and there in no hope that they will give us possession soon.EDC has also been raised to us,had we been given possession there was no point of paying same now.Our flat is costing us more than our budget.

Lets us go to media and have one press conference as soon as possible.We need to gear up and assemble as a unit so that we can take money back with hefty penalty as per market rate escalation + interest.

We have to align all investors and end users to assemble in coming week and do direct meeting with RPS MD and board.

I am attaching information about action taken against builder DLF for delaying possession.We need to appoint similar lawyers and fight our case.

Waiting for your comments

After DLF, who’s next? CCI targets Delhi builders first

By: R Jagannathan (Aug 24, 2011)

http://www.firstpost.com/business/after ... 942.html/2
On 12 August, the Competition Commission of India (CCI) dropped a bombshell that shattered the illusion that all was well with listed realty stocks. It fined market leader DLF Rs 630 crore for essentially duping home buyers using its monopoly power. Among other things, the CCI accused DLF of beguiling and entrapping home buyers “through false solicitations and promises.”
However, it is no one’s case that DLF is the only offender. The CCI is now spreading its tentacles further and has focused its attention of several Delhi builders who may have done a DLF or worse.
Shocked with what it found with DLF, the CCI has begun a reality check on other builders in and around the Delhi National Capital Region (NCR) where the courts recently had to force builders to hand over land taken through dubious means.
The office of the CCI Director-General has begun to collect information on major realty companies who have allegedly used “unfair” means to lure customers to buy apartments and then enter into one-sided contracts that favoured the builder.
When Firstpost sought confirmations on the builders who were under scrutiny, CCI officials declined to comment. But informed sources said an investigative team was busy collecting samples of builder-buyer agreements of many big builders in the NCR region. Among them: Unitech and Emaar-MGF in Gurgaon, Jaypee, Amrapali, Supertech and Lotus in Noida.
Strengthened by a crack team that has been deputed from the Law Ministry and market watchdog Sebi, the CCI has formed a task-force to check out major realtors in the Delhi NCR before focusing on the other metros of Mumbai, Kolkata, Chennai, Bangalore and Hyderabad.
In Delhi, two builders who have reportedly been taken for scrutiny are Supertech and Amrapali, both of whom issued newspaper advertisements even before they got the land on which they were to build their apartments.
In the case of Supertech, the advertisement inviting buyers was published on 3 March 2010, while in the case of Amrapali the ad came on 19 March. While Supertech got its land allotment on 19 March – 16 days after the ad was published – Amrapali got its land the day the ad was carried by newspapers in Delhi. Since ads have to be released to the print media at least a day in advance, it is clear that Amrapali had jumped the gun at least by one day.
Both the builders are top names in Noida and Amrapali has used cricketers MS Dhoni and RP Singh as its brand ambassadors.






The Competition Commission of India has accused DLF of beguiling and entrapping home buyers “through false solicitations and promises.” Reuters
The CCI investigative team has apparently collected copies of newspapers advertisements which were issued even before the Greater Noida Administration allotted Supertech and Amrapali their land.
Firstpost was first to report on both the cases – Amrapali and Supertech – in its story on the Noida Extension scam.
But the CCI’s entry into the picture has changed the nature of the game for real estate players. As already pointed out in the DLF verdict, the Commission is looking into major violations by builders in doing contracts with home buyers.
In its verdict on the DLF’s group Belaire housing project in Gurgaon, Haryana, the CCI had hinted that the rest of the realty sector must be following the same arbitrary rules that DLF did by taking advantage of the buyer’s weak bargaining power. This is why the CCI has taken suo motu note of “unfair competitive practices” in the realty sector and looks set to give its Director General a go-ahead to conduct further investigations.
In DLF’s case, the Belaire housing complex was supposed to be a conglomerate of five 19-storied buildings with 368 apartments. It was to be constructed in three years. DLF took crores of rupees from the allottees, even before the first brick was laid. Later, DLF unilaterally changed its plans to construct a 29-floor building.
“In the view of the Commission, the conduct of DLF in abusing its dominant position requires to be taken very seriously and thus, the Commission is required to adopt a deterrent approach so that recurrence of such conduct is stopped.’’
Pointing out the “draconian and one-sided clauses” of DLF, the Commission’s report said: “There are clauses that give DLF Ltd sole discretion in respect of change of zoning plans, usage patterns, carpet area, alteration of structure, etc. In case of change in location of the apartment, PLC (preferential location charge) determined at the discretion of the builder and, if a refund is due, no interest is paid. No rights have been given to the buyers for raising any objections.
“Further, even if the buyer has paid the full amount, the builder can raise subordinate mortgage on the property for finances raised for its own purpose and the consumers are subjected to this mortgage. Despite knowing that necessary approvals were pending at the time of collection of deposits, DLF Ltd inserted clauses that made exit next to impossible for the buyers.”
The other violations and abuse of consumer rights, according to the CCI, are:
• They (builders) issue advertisements for launching projects without the land being actually purchased, registered in their names and possession taken and without taking prior approval of competent authorities.
• Builders don’t specify the total area of the plot/flat/house, indicating clearly the carpet area and utility area.
• They don’t specify the date of delivery and consequential remedies available to the consumer in case of delay.
• They don’t deposit the amounts collected from allottees against a particular project in a designated escrow account that will be utilised only for the construction of the concerned building.
• They don’t inform buyers about the progress of works and status of account of each allottee in a transparent manner.
• They don’t inform buyers of built-in hidden costs other than the initial set price.
• They don’t post all the relevant information on the internet and make them available in the public domain. There is no transparent and participatory mechanism put in place to deal with price escalations, if any.
• In cases of inordinate delays, there is no provision for the payment of pre-determined penalties to buyers.
• There is no fair, participatory and transparent mechanism to tackle any substantive and major changes in the project mid-way, before taking approval of the authorities for the revised scheme and commencing construction thereon

[murlik]

Let us all pray for favorable decision from the court on Sept 6, 2011. As per law of averages, all the Neharpar hopefuls deserve some good news to pull it off

may god bless GFWA for their initiative and effort to instill some hope to future residents of Neharpar.

Appeal to all to become member of GFWA and make it a strong Association

murlik

[manish1.arora]

Sure Murli I will and hope for the best, besides we will also work together to fight against the ill practices of builder.

Dear RPS Savana allotees

As i requested in my post before to send me your details, i have been receiving regular mails for details, thanks to all.

I would further request everyone reading this post to kindly send your Name,Flat number, Mail-id, Phone No to manish1.arora@gmail.com who have still not done.

I am preparing a list, We will be needing support from maximum families so we can proceed for the cause for all of us.

Thanks & Regards
Manish

[cujatin]

Dear Manish,

Thanks a lot for such initiative that you met MD (RPS).
However not good to hear that it was not fruitful.

I would also like to be a part of this fight However I request you to please tell us the exactly what went wrong in the meeting.

I think everybody out here would be more than exited to know.

Thanks
Jatinder kumar
8094017953
T4 - 108

[bir]

Dear GFWA Team,

Lots of eyes are waiting for the decision of court against EDC.

request GFWA legal team to kindly clear the status and suggest something about the payment of icreased EDC to the builder whether has to be done or further wait.............

so that the collective decision can be taken by all the memebers of GFWA.


regards,

birendra
97 18 19 20 21

[anuj_bansal]

I checked the RPS Savana price list today at http://www.rps-savana.com/Price-List.pdf.

In this I see two things.
External Development Charges (EDC) & Infrastructure Development Charges (IDC) shall be payable @ ` 225/-** per Sq.ft. In case of any upward revision thereof or any other charges levied by any Govt. agencies/authorities in future since the date of LOI, the same will be recovered on pro-rata basis

External Development Charges (EDC) has been increased by 131/- per sq.ft. w.e.f. 3-Aug-2011

Does that mean that the new buyers have to pay 225 + 131 = 356 Rs psft. I thought that EDC and IDC should be same for everyone since EDC is charged by govt on the basis of the year in which license was issued. Or RPS is also charging the interest of these many years from the new buyers? IDC charges difference alone cant be so much since majority of us have paid Rs 140 psft (EDC + IDC) ealier and Rs 85 psft sounds a lot.

This brings another question. Does the builder submit the entire EDC of the plot size in one go or is it based on the sale and as and when the flats are sold, the EDC should also be paid accordingly.

Regards
Anuj

[Tusharv]

Dear GFWA Team,

Lots of eyes are waiting for the decision of court against EDC.

request GFWA legal team to kindly clear the status and suggest something about the payment of icreased EDC to the builder whether has to be done or further wait.............

so that the collective decision can be taken by all the memebers of GFWA.


regards,

birendra
97 18 19 20 21

Dear GFWA Team ,

Please suggest future course of action!

Should we pay or wait !! We want to take the decision based on GFWA recommendation.

I am not in INDIA , So please help.

Thanks
Tushar

[smita]

Hi GFWA Team,
I am still waiting for GFWA Team decision.Should we pay or not???
I am not in india so please suggest.

Thanks
Smita