BPTP Park Grandura Tower 'G' & 'H'

[yomkippur]

BPTP has NOT YET RECEIVED OCCUPANCY CERTIFICATE (OC) in respect of Park Grandura Tower 'G' & 'H'- yet BPTP in blatent violation of existing laws and by-laws has raised demand notice against ad-interim possession, balance of BSP, enhanced EDC, conveyance deed and maintenanace service charges with dated 14 Nov 2011 against Park Grandura Tower 'G' & 'H'.
This demand is another trecherous idea of BPTP's crook legal minds and rogue management. The funny demand notice offers ad-interim possession for the purpose of carrying out FITMENTS AND IMPROVEMENT WORK BY BUYERS. As usual the Super Built-up area has been arbitrarily enhanced by 15-300 Square Feet against the tentative area of mentioned in contract. true this can fluctuate but there has to be some basis of such fixation / enhancement and the builder is not disclosing the net carpetarea.
WHY AD-INTERIM POSSESSION
Ad-interim possession because BPTP does not hav OC from DG TCP yet. So BPTP has used this term POSSESSION FOR FITMENTS AND IMPROVEMENT WORK - NOT FOR HABITATION - AND THAT TOO SUBJECT TO BUYERS TENDERING AN INDEMNITY BOND AGAINST VIOLATION OF LAWS AND BY-LAWS.
Currently no provision exists in building laws / by laws and other such applicable laws for ad-interim possession for fit-outs / improvement work. Since any such possession offered / assumed may not be legally sustainable, Flat buyer are legally not authorised and therefore should not tender the indemnity-cum-undertaking as asked for vide BPTP letter under reference. Possession by law is Full-and-Final PHYSICAL possession.
WHY HAS HE DONE THIS
He knows his 'G' & 'H' towers will take another 6 months to complete- so he has floated this offer of ad-interim possession to extort premature money from buyers which is NOT DUE AT THIS STAGE.
BPTP's Unfair Trade practices
By offering ad-interim possession withion 30 days from the date of notice i.e. 14 Nov 2011 (which is practically impossible) he wants to coerce buyers to pay maintenance charges from 14 Nov 2011. Even though this possession is legally only for FOR FITMENTS AND IMPROVEMENT WORK - NOT FOR HABITATION.
Further he wants to charge MAINTENANCE SERVICES CHARGES which actually falls due when buyer assumes full-and-final physical possession for the purpose of habitation - Which the builder can offer only after receipt of OC from DG TCP.
BPTP is entrapping his clients by forcing them to render indemnity bonds against habitation in tower 'G' and 'H' - because the same is unauthorised before the builder receives OC - However BPTP does not realsie that notwithstanding indemnity bonds - the culpability of BPTP in offering ad-interim possession remains alive and the onus on violation of the laid down laws falls on BPTP also.
ENHANCED EDC CHARGES
Much has been said about EDC on this forum - which one is bound to pay - BUT HOLD ON - enhanced component of EDC is payable at the stage of full-and-final possession. NOT at this stage of ad-interim possession. EDC has been enhanced to Rs 271.00 per square feet. However the basis of such enhancement does not match with DG TCP latter dated 25 May 2011. Further the enhanced EDC calculation matrix and interest levied by DG TCP is also not clear leading to doubts.
CONVEYANCE DEED CHARGES
This charge at this stage is absolutely absurd. I mean he does not have OC. he is legally not authorised to offer possession - and he is actiually not giving possesion - but he is demanding registration cgarges - that too with a warning that if you did not pay - he will chegre 18% interest. This is total JUNGLE RAAJ unleashed by this unlawful developper.
MAINTENANCE CHARGES
Further the maintenance charges have been arbitrarily escalated from current Rs.1.75 per square feet to Rs. 2.50 with effect from 14 May 2012. Demanding of such maintenance charges at this stage without according full and final physical possession to buyer is not fair.
NO MENTION OF COMPENSATION / PENALTY CHARGES FOE DELAYS IN COMPLETION OF PROJECT
Statement of accounts cum-invoice forwarded vide bptp demand notice does not reflect credit in respect of compensation against delay in offer of full and final physical possession of the flat beyond the stipulated 36 months (extendable by further 6 months) months from the date of sanction of building plans. That date is May 2007. Clearly more than 36/42 months have elapsed and BPTP is legally bound to accord compensation against such delays. It is well known that NO BUILDER IS PAYING COMPENSATION UNTIL BUYER APPROCAH COURTS. SO friends wait till possession and thereafter file project delay compensation recovery suits in Delhi state consumer forum - NOT IN FARIDABAD DISTRICH CONSUMER FORUM - BPTP has registered office in Delhi so the jurisdiction is Delhi.
THIS MATTER HAS BEEN EXAMINED BY COMPETENT REAL-ESTATE LEGAL EXPERTS.
Buyers are advised to refrain from assuming ad-interim possession. They should refuse to tender indemnity bond because they are not authorised to do so. Conveyance deed charges are not to be paid at this stage. Maintenance charges are also not payable at this stage.
Buyers are advised to raise the following issues with the buyer in writing.
(a) Notify BPTP to specify a firm date for full-and-final physical possession of the flat to enable for taking possession of the flat and execute the Maintenance Services Agreement.
(b) Demand exact carpet area of the flat may please be intimated.
(c) Ratio between carpet area and super built-up area (comprising external / common area) is to be demanded. Thereafter buyers must have their flats measured to check the accuracy of the carpet areas and contest differences if any.
(d) Basis of enhanced EDC and its calculation matrix including interest levied by DG TCP and charged to buyers be demanded. BPTP is fradulently charging enhanced ECC based on fudged calculations to dupe unsuspectiong buyers to pay more.
(e) Demand of maintenance charges for one year in advance is not acceptable at this stage. Buyers may rather opt for monthly payments of such charges after they have actually taken over full-and-final possesion of the flat. Escalation in maintenance charges with effect from14 May 2012 is not to be accepted at this stage.
(f) On receipt of OC and upon offer of physical full-and-final possession, the admissible compensation against delay in offer of full and final physical possession of the flat is to be demanded for in the final audited statement of accounts to enable buyers to make all payments or claim refinds.
FIGHT IT OUT
Regards and Best Wishes