Dear All,
Request you to kindly shootout a mail to BPTP as done below asking for clear explanation from BPTP on the unjustified charges levied on the BPTP Princess Park Home Buyers.
I look forward for your kind participation on 22-Sep at 2:00 pm at BPTP Gurgaon office. Details address is mentioned below.
BPTP Limited
BPTP Crest, Plot # 15,
Udyog Vihar Phase-IV,
Gurgaon -122 015, Haryana,
Please circulate this mail to all your contacts who have purchased flat in BPTP Princess Park.
Thanks & Regards
Pankaj Rawat
----- Forwarded Message -----
From: saurabh jain <saurabh0802@gmail.com>
To: Customercare <customercare@bptp.com>; Audrey Verma <audrey.verma@bptp.com>; Neha1 Malhotra <neha1.malhotra@bptp.com>; Reena Gulati <reena.gulati@bptp.com>; Anindita Choudhury <anindita.choudhury@bptp.com>
Cc: aanchal jain <aanchal215@gmail.com>; Pankaj Rawat <pankaj_raw@yahoo.com>;
tcphry@gmail.com;
huda@hry.nic.in;
core@myfaridabad.in;
sonalpallavi@gmail.com;
chander.sikka@escortscorporate.comSent: Tuesday, September 20, 2011 12:03 PM
Subject: Re: BPTP Letter for Payment of Enhanced EDC - Flat No. L - 1603, Princess Park
Dear Customer Care Officer,
In continuation to my below mentioned Email, in respect of the Demand of Enhanced EDC Charges, I would like to submit as under.
1. That I am trying to at the Customer Care Nos since I have received the Demand of Enhanced EDC, but
no one is taking the Call. The Lady at reception, always connect, thereafter no response from the Customer Care Office. The Call kept on hold for long.
2.Further, kindly refer to your Letter dated September 12, 2011 demanding Enhanced EDC at the rate of Rs. 271 per Sq. Ft. However, on the basis of facts disclosed on the BPTP Website relating to the Area of the Princess Park, we have also made the Calculation of EDC on per Sq. Ft Basis and the same comes out to Rs. 192.86 per Sq. Ft. The basis of Calculation is given below :
a. The entire area of BPTP Princess park is 17.97 acre.
b. The total salable area of Princess Park Project is 1.63 million square ft.
Now, as per their letter, we found that present EDC charge is Rs. 1,74,94,000 per acre.
Hence total EDC charge applicable for entire area of Princess Park = 1,74,94,000 x 17.97,
I.e, Rs. 31,43,67,180/-.
If we consider that this amount should be borne entirely by buyers, then EDC charge per square ft is Rs. 31,43,67,180 / 16,30,000 = Rs. 192.86 per sq ft.
In their letter BPTP claimed that we already have paid Rs. 114 per square ft.
Hence additional charge of EDC per square ft shall be Rs. 192.86-Rs 114 = Rs. 78.86 per square ft. However, on the other hand you have asked for such an exhorbitant amount, without any disclosure of Calculation, which is totaly unfair and unthical. A copy of the Screen Shot from your Website is attached. Kindly clarify, the above calculation, otherwise, such an unfair amount is not payable without any justification.
3. Further, in your Demand Letter, you have also asked for Service Tax on the EDC after giving an Abatement of only 51%. Please note, as per the Circular, the abatement rate is 75% and not 51% also, the Service Tax is not to be paid on Statutory Dues. Further, neither any other Builder in the Neharpar Area has raised EDC Demand after levying Service Tax. Hence, Service Tax is not to be paid on the EDC Charges as demanded by you.
4.Further, in the letter, a reference to the memo from HUDA dated May 25th, 2011, is given. As per the builder-buyer agreement the said premises should be in possession to the buyer by that time. The extension of delivery schedule is entirely due to unprecedented delay on account of the builder only, hence any increase in statutory charge imposed by authority should be borne by builder itself.
5. Further, as per the said letter the builder agrees to have the memo in their possession since its issuance in May 25th, 2011. Instead of sharing this information of substantial hike with fellow buyer, BPTP held back the same for three and half month and suddenly raised the demand now with a Letter dated September 12, 2011 which was received by me on September 17, 2011 and allowing only 15 days to arrange the sum which can only be related like a call for ransom.
6. Please take a note that, BPTP is abusing its Dominant Position in the Nehar par Area of Faridabad, by indulging in such malpractices, unfair means, to the Disadvanteges of the Customer. If you will continue to follow such Anti Competitive and Abusing Practices, we will be forced to lodge a complaint with the Competition Commission of India.
WITHOUT PREJUDICE, to my Legal Rights for claiming compensation from you for delayed Possession, I call upon you to give me written clarification on the above mentioned Points of Email as well as below mentioned Points of my Email dated 19-09-2011. The demand of Enhanced EDC is only payable when BPTP gives transparent Calculation for the same with supporting Documents, subject to the Outcome of the Decision of the Hon'ble High Court, Punjab & Haryana, Chandigarh.
WAITING FOR YOUR REPLY.
Best Regards,
Yours faithfully,
Saurabh Jain
On Mon, Sep 19, 2011 at 2:49 PM, saurabh jain <saurabh0802@gmail.com> wrote:
Subject: Enhancement of External Development Charges (EDC) in Faridabad, by Government of Haryana vide Memo No. HUDA.CCF.ACCTT-I-2011/17903 dated May 25, 2011.
Reference: Flat No. L-1603 allotted to us in Project Princess Park at Sector-86, Faridabad, Faridabad. Customer Code - 124946.
Dear Sir/Madam,
Kindly refer to your letter dated 12th September 2011, received by me on September 16, 2011 raising a demand of Rs. 276,575.80 on my Flat No. L-1603, Princess Park, Sector 86, Faridabad for payment of increased External Development Charges (EDC), which shall be further deposited by you with the Directorate of Town and Country Planning terms of the notification issued by the HUDA dated 25.05.2011.
In this regard, please be informed that 'Greater Faridabad Welfare Association'(Regd.), a welfare association actively working for Sectors 75 to 89, Faridabad for the development of the said area, in which BPTP’s Princess Park flat’s owners are also Members, has filed a Writ Petition bearing No. CWP No. 14886 of 2011 before the Punjab & Haryana High Court, Chandigarh for quashing the above notification of the DTCP/ HUDA vide in which the External Development Charges (EDC) were increased from retrospective.
We would like to further inform you that the said matter was listed for first hearing on 16.08.2011 and after hearing the Petitioner, the Hon'ble High Court was pleased to issue notice to the State Authorities and directed the State Authorities to file their reply and accordingly fixed-up the matter for 06.09.2011 for further hearing. A certified copy of the order shall be provided to you as soon as we get the same from Greater Faridabad Welfare Association (Regd.) for your ready reference.
In this regard, please be informed that 06.09.2011 upon hearing the petitioners plea that since there is no stay from the Court in the matter, the possession / registration of flats of the members of the petitioner association is getting delayed due to non-payment of increased EDC amount, the Ld. Judge gave strict verbal instructions to the State Government in the presence of their Counsel to ensure that no such coercive action be taken against such flat owners for non-payment of increased EDC amount.
In view of the above, since the payment of enhanced EDC is sub-judiced before the Punjab & Haryana High Court, Chandigarh, we request you to kindly extend the date of deposit of the said enhanced EDC amount till further direction from the Court and proceed further to offer possession and registration of flats.
In this regard, please provide us the following details/clarifications, so that we can pay the EDC amount, subject to the outcome of the Case filed in the Hon’ble Punjab & Haryana High Court, Chandigarh.
1.Detailed audited calculations for EDC charges and amount that your Company has already deposited to DTCP.
2.Please also furnish letter from Director, Town and Country Planning which asks BPTP to deposit increased EDC and due date mentioned on the same.
3. Please provide us the detailed EDC Calculation of reaching to the rate of 271/- per sq. feet.
4. Further, you have also levied a Service Tax on the Demand of EDC and gave an abatement of 51%. In this regard, please also note that as per theService Tax Law on Construction Services, the Abatement percentage is 75% not 51 %. The same also been explained by Ms. Audrey Verma in her Email. A copy of the Mail is enclosed. Further, the Service Tax can not be levied on EDC Charges, as the same is Statutory Payment and there is no kind of Service Involved in this. So, the only amount which can be paid to BPTP subject to the outcome of the decision of the Hon'ble High Court, Punjab & Haryana is of EDC, without levying Service Tax. Copy of Email attached.
5. When will you Offer the Possession of my Flat and how the compensation will be paid to me for the delayed Possession, as the Due date of the Possession was October 1, 2010.
Please provide your reply on the above by 20th September 2011; else I will consider that the above proposal for not demanding the enhanced EDC without Interest and Service Tax are acceptable to you.
Regards
Saurabh Jain
9899155867.