BPTP Princess Park Compensation

[Pankaj Rawat]

Dear All BPTP Princess Park members,

I request your kind support to fight on the compensation for delayed possession by BPTP.

The response from BPTP has been extremely disappointing as BPTP is not agreeing for any penalty charges at the moment. Their view is that possession is subject to receiving of OC from Govt. and also delay in possession will be judged at the time of possession.

It is imperative on all who have invested their hard-earned money to take a concrete legal step against BPTP.

We are planning to meet at their offices in Gurgaon tentatively on 17th/18th this week.

I request all who would like to join this meeting to send across their contact numbers so that a plan of action could be thought of before the meeting.

Please contact the following to confirm your participations.
Pankaj Rawat 9582212215
Sandeep Batra 9717693856

Thanks & Regards
Pankaj Rawat

[rvm]

Hi There: Just wanted to check (in case of re-sale), does the right to claim penalty is transferred to the new owner of the property. I am asking because in case of Omaxe, people are facing the same issue and Omaxe is claiming that only people who are original allotte has the right to claim penalty from builder.

Rgds
Ravi

[sendtomanish]

I assume it shd be based on current owner builder-buyer agreement wording,the contract owner signed and valid as on date..
So in case of resale,if it is endorsement then old clause shd be valid,if new agreement after resale then clause should be read carefully mentioned in agreement.

[eskay2112@rediffmail.com]

You may get it written in the Agreemant to sell as to who should get the delayed construction penalty.

[sachingupta19]

Hello,

Could you please post the outcome of the meeting? Is there any next meeting planned for this.

Thanks,
Sachin

[aanchal]

Hello,

I have a flat at Tower L, BPTP Princess park and I am a lawyer by profession and working with a real estate developer. I know what kind of tactics these developers and builders follow and how they make fool of people. Its only we have to fight back. There are lot of Supreme Court and High Court Judgments pertaining to delay in possession and compensation to the owners, that can help us fight.

Aanchal Jain

[rgoel24]

Dear Anchal

Its good to see you here. Will you please elaborate a little further about the malpractices the builders adopts to foll peoples. Also give suggestion too.

Regards
Rahul Goel

[cadilip]

Dear Anchal

Can you please quote some of the Supreme Court/High Court judgements related to penalty, as it can help us in fighting our case against the builder.

Also, somebody was quoting that increase in super area upto 3% can not be charged by the builder. Can you help us by quoting the relevant rule/law/judgement. Whether the same is applicable to Faridabad (as the gentleman was giving reference of a project in Noida).

Thanks

Dilip

[aanchal]

Hi all,

While offering possession, builders usually raise more demand with justification that they have increased the super area. In actual there is no such increase. As they cannot go beyond the total area of land they have acquired/alloted. In case someone fights back, they simply say -"please take your money back" and in case you ask them for interest then they hardly pay any interest.
Make sure what ever you communicate with your builder, that should be in writting and if they are giving vague replies then pressurise them to be more specific by writting them again and again.

Aanchal

[sendtomanish]

Hi Aanchal,
I have two query and would like to your guidance.
1.How we can force HUDA for early development and make a party for not doing any development since last 4-5 years and sitting on 1000 crore plus EDC/IDC?I am in favour of PIL,but I am not expert in legal.
2.Normally every builder in Neharpar making fool to end users while refusing penality or completing projects on time,how we can force goverment to not be silent spectators and do something for 50,000 home buyers in Sec-75 to sec 89.

[sushilbhatt]

Dear All,

I think the legal team must be working on further legal recourse against HUDA.

We shoudl prefer a Writ against HUDA and let the HUDA be directed by the High Court to start the development in the entire GF area within a specified time. Once the directions is issued to HUDA, we may then file applications for calling the status report from HUDA from time to time.

We should adopt the Legal recourse as soon as possible.

Regards
Sushil Bhatt

[aanchal]

Hi,

I agree with Sushil, we can file a writ of Mandamus against HUDA in Punjab & haryana High Court at Chandigarh, for directions to start the development. Writ of Mandamus is a judicial remedy which is in the form of an order from a superior court to any Government agency, court or public authority to do or forbear from doing any specific act which that body is obliged to do under the law.

Aanchal

[sushilbhatt]

Dear All

In my view, writ is the best way to sort out this phase with HUDA. If we get the entire amount of EDC/IDC received by HUDA in respect of development of Greater Faridabad, we would be definetly in a position and it will strenthen our plea before the High Court as HUDA has already received the EDC/IDC charges from the buyers and even the builders has started handed over the possession in some of the area.

I strongly support this and would suggest to the legal team to work on this as soon as possible. I am also a legal professional, hence it would be a great pleasure for me to help the entire Greater Faridabad community in this regard.

Regards
Sushil Bhatt

[dheerajjain]

Aanchal and Sushil, we are previliged to have legal experts in our forum. We will definitely take your help !

[aanchal]

Below is the case which can support our writ against HUDA.

Writ of Mandamus: In the landmark case of Bombay Municipality v. Advance Builders, Citation A.I.R (1972) S C 793, the Municipality had prepared a town planning scheme, which was also approved by the government. However, no relevant action was taken to implement the plan in a measurable time period. The municipality was directed by the Court to implement the plan.

Can find many more judgements.

Aanchal