Fighting illegal Possession Demand for Piyush Heights

[rohitkrohit]

Just got possession letter from Piyush...........very disappointing.........demand is same as before in fitment possession letter height od cheating and looting

[praveenleena]

Congratulation to piyush members who got possession letter. fight for illegal demands best of luck.
Regards
Praveen Kumar
RPS Savana

[gauravsach]

Hi Everybody,
I am new to this forum I have recently brought a 2BHK in Piyush Heights in resale, Just want to know what are the other charges builder has asked for in the final possession letter, can anybody please post a final possession letter, so that can also have a look.

[SPS72]

Friends,

The builder is a biggest cheater and still in impression that he can get whatever he demands in present situation since the buyers are very curious to get possession. What should be the next course of action kindly advise.

[anojjain]

Dear All,

I called to Piyush care and got the reply that yesterday possession offer letters were dispatched to buyers and soon it will be delivered to address mentioned on the agreement.
Further to inquire more they replied as below.

1. Demand will remain the same as it was at the time of fit out possession
2. If any buyer paid the interest and Piyush will not reimburse the rent penalty.

I am hopeless and thinking about next action.

A. Reference to the mail these are the order of consumer forum that builder cannot demand more money in lieu of Open Car parking, Enhanced EDC , Additional Charges, Sale of Podium, Cooking Gas Charges, Increased Super Area but all these demands are mentioned in Piyush possession offer.

Dear Mr. Dheeraj - Can you share the copy of NCDRC letter so that accordingly I will take-up the matter with Piyush and subsequently seek for legal help.

Your suport on the matter is highly requested.

Regards

National Consumer Commission passed order today clarifying "status quo" order given on project on January 29, 2013. NCDRC clarified that stay is not applicable for construction activities and handing over possession to buyers. But, stay continues on illegal demands. At time of handing over possession, builder can't demand any payment on account of:

1. Open Car parking
2. Enhanced EDC.
3. Additional Charges.
4. Sale of Podium
5. Cooking Gas Charges.
6. Increased Super Area.

Also, stay continues on sale of common area and construction of school etc. on green area.
So, builder has to handover possession without these demands. Congratulations! everyone as this order is applicable for all 1100 flat buyers. Builder lawyers made every attempt to make this order applicable only for 53 members involved in this case, but they failed. It is the result of effort and dedication of 200+ members in Piyush buyers Yahoo! group and sacrifices of front line members.

[dheerajjain]

Please find attached illegal possession letter of 10+ lakhs. Instead of decreasing, amount has increased from 9.99 lakhs to 10.07 lakhs. Builder is a cheat and bent on looting. We can defeat builder unitedly as previously. We are fighting unitedly against builder with help of 6 years old Piyush Heights Residents Yahoo Group (http://groups.yahoo.com/group/Piyush-HR/). Group is having more than 150 buyers.Please note Membership fees is Rs 5000 which is required for meeting various expenses.

[tvkrishnam]

Dear Deeraj
Good you have been offered possession.
In this demand what is legal, what is illegal, adjustments NOT done(like penalty for delay) and what is negotiable demand.
Marking this out will give a clear picture.
As for me (L block first floor) possession is six to twelve months away. In view of the cost increases(EEDC, podium etc) I have opted out of club membership and Piyush is yet to respond in writing. So club membership also becomes a disputed item in my case.

[dheerajjain]

There is nothing to feel good about possession. I am instead feeling sad from the time I get to know about it. Major illegal demands are:

1. Increase in Super Area
2. Additional Development Charges
3. Enhanced EDC (there is a stay in CWP 5835 of 2013 at High Court of Punjab and Haryana, though builder mentions this CWP in demand letter, yet for him, "Stay Order" does not have any value and he is referring to final judgment in this case)
4. Open Parking (Violation of Supreme Court order)
5. Club Charges (I had explicity marked it as optional when filling application, yet Piyush Group has forced club membership to everyone)
6. Gas Connection Charges (Piyush by written letter had withdrawn this, yet again Piyush Group has forced this also to everyone)
7. Podium Charges for some of 1st floor occupants

[ddamitav]

Dheeraj ji

Thisnisnreally sad that still illegal charges are there in your possession letter.

We need to fight for this. Regarsing eedc the hon high court has stayed it and still no one obeying the order that means its classic case of contempt of court.

After stay there are couple of hearing gone and during that hearings does the same brought to the notice of judge !!

I know you guys are really working hard and hardly getting any support.

Regards

Amitav

[yogekumb876]

I think builder is inflating demands, keeping in mind that while buyer will sit for negotiation, some mid way will be achieved and he will get handsome amount out of this. therefore he has added those illegal demands also, which can not be taken due to court orders.

[sanjay bhatnagar]

I am in receipt of the possession letter by Piyush group. The demands are same as sent last time in december and a bit of increased interest. I would be available to meet people having same interest to discuss and formulate a strategy to move forward in the matter. Please contact at 09811892775

[saurabh]

Hi Sanjay and others,

Future residents of Piyush Heights are planning to meet up this weekend to formulate a strategy for future.
They have achieved success in past and they would do it again.

I guess you are not a part of the "Piyush-HR OWNER-ASSOC", that is why you are not getting any communication.
Send a mail to :
Piyush-HR at yahoogroups.com <Piyush-HR at yahoogroups.com> to get more information and about subscribing to the communication.
Do it ASAP as the builder needs to be taught a lesson.

Regards.

[dheerajjain]

I agree with Saurabh. Meeting is for members of Yahoo group. Please send an e-mail to Piyush-HR Yahoo! group moderator piyush-hr-owner@yahoogroups.com with your details to become member. Membership fees is Rs 5000.

[rohit_sharma]

Hi,

This is again a cheating with buyers. Do you have any idea what rate they have charged for inceared area of 130 sqft

Regards

[dheerajjain]

Piyush Buyers Group has decided to reject the illegal demand letter. We are not going to pay anything and not sign illegal maintenance agreement which is a looting technique by builder and it violates Director General, Town and Country Planning Order given in 2012. Please note Demand Letter has in footnote 1 has mentioned that you can raise objections against demand letter within 10 days. So, please send out written communication by registered/speed post ASAP rejecting the demand letter with explanations