BPTP reply for EDC Calculations and Analysis

[Diamond]

Dear Gaurav

Thanks for your response which is most helpful

Regards
Ravneet

[Diamond]

Dear Members

Going with the basics, I have a few questions
1] Can the builder ask money for "offer of possession" without sewerage, electricity, roads, water supply, parks, etc (for which amount has been paid as per construction lined payment schedule of the agreement??
2] Can the builder ask money for "offer of Possession" without Part/Full Completion certificate from DTCP??
3] Can the builder ask money for "offer of possession" without Occupancy Certificate??
4] Can the builder ask money for "offer of possession" without service level agreement ??
5] Can the builder ask money for "offer of possession" without the above (1,2,3,4) purely on the basis of Agreement??

If not paid, BPTP will charge 18% compounded quarterly and holding charges as mentioned in agreement.

Your most valued revert would be very much appreciated

Thanks in advance

Ravneet

[Divine]

Dear,
Has anyone who has done enhanced EDC payment got the call for conveyance deed from BPTP.
Thanks

[SMalhotra]

Reg:Reply from BPTP in regard to current status of EDC calculations on Plots in Parkland.

May I have your views on it,please.

Quote:
"Dear Mr. Malhotra,
Greetings from BPTP!
This is in reference to your below mentioned mail, we understand your concerns and anxiety in regards to the raised queries. However, please note that the demand has been raised in accordance with the Memo No. HUDA.CCF.ACCTT-I-2011/17903 dated May 25, 2011 and revised in accordance with the court ruling - Memo No.HUDA.CCF.ACCTT-I-2012/8211 dated March 5, 2012.

The computation of Enhanced EDC is detailed below-

S. No. Particulars Amount (Rs.)
1 Interim EDC Rate (per acre) - As per LOI/Licence for year 2005 1,819,000
2 Enhanced EDC Rate - For the Year 2009* 5,821,000


(A) Revised EDC for the year 2005 -computed as per Memo Dt. 25-05-2011* 3,975,821
(B) Interest on Enhanced EDC @ 12% p.a. for 11 months 237,250
(Period 25-05-2011 to April, 2012)
(C) Interest on interim EDC @ 15% p.a. for 2 years 586,628
(D) Bank Guarantee and Other Charges 139,165
Total 4,938,864

Area efficiency - 42.53% = 2058 Sq. Yds.
Enhanced EDC rate (per sq. yd.) 2,400
Less : Interim EDC already conveyed (per sq. yd.) 1,024
EDC rate to be charged (per sq. yd.) 1,376


* As per Memo No. HUDA.CCF.ACCTT-I-2011/17903 dated 25-05-2011
In your case the calculation would be 1376*Area.

Sir, please note that the excess payment on account of EEDC would be adjusted in your account after the final audit of your file. If any audit observation comes on account of delayed payment interest/holding charges. Same would be adjusted in your account and remaining funds would be adjusted in your future maintenance bills.
Mr. Malhotra, in regards to your further query about the registration of the captioned plot, we would like to update you that the registry would take some more time. Please be informed that we would be able to expedite the registry of the captioned plot by the end of October-2012.
We request you to bear with us for some time. We shall keep you posted regarding the same.
Thank you for writing to us. Should you require any assistance please feel free to call at +91-124-385 (2787) or write in to us at customercare@bptp.com
Thanks & Regards,
Nisha Chawla
Customer Care
BPTP LIMITED
BPTP Crest
Plot # 15 , Udyog Vihar Phase-IV|Gurgaon-122015, Haryana
Phone : +91-124-385-BPTP (2787)
Fax No. : +91-124-385-2999
Email : customercare@bptp.com
website: _www.bptp.com"

unquote

1.Would like to know how much is the refund amount.My plot size is 350sq.yd.
2.Why should'nt all the amount be refunded atonce instead of adjusting against Maintenance etc.
3.Why not delay in refunding be subjected to interest(as they normally do with us)

Regards
SMalhotra

[ssg.sunilgupta]

two things -
a) if the EDC paid earlier was interim EDC then why BPTP charging on interest of two years on the same ?
b) what is the justification of 42% efficiency ration. please ask for layout plan approved by DTCP which shows efficiency of 54%.

thanks
sunil

[shilpi21]

In view of the delay in court hearing + absence of any REGULATOR in housing sector , the Builders are getting bolder as far as dealing with their clients is concerned. BPTP the worst builder so far has sent the FINAL NOTICE to THE RESORT customers to pay the balance or forget about their flats all together
THIS IS WHAT THEY SENT TO ALL THEIR CLIENTS OF BPTP RESORTS.

"Dear Sir,
We refer to:
1. Copy of Application for Allotment by Sale of Flat in Project Resort at Faridabad.
2. Copy of letter issued by BPTP requesting for payments against provisional booking /registration
with regard to Unit No E-1401 in Project Resort at Faridabad.
The documents listed in items 1 is referred to herein as the "Agreements". The document listed in
item 2, 3 & 4 and this Letter are collectively referred to herein as the "Reminders". This Reminder
shall be treated as a Final Notice to you from BPTP.
Please take notice that,
1. We write with reference to your obligations under the Agreement and our several oral and
written Reminders sent to you in respect of the above captioned Unit providing you adequate notice,
reminder and opportunity to remit a sum of Rs 143,857.00 immediately ("Outstanding Balance").
2. Despite our Reminders, we regret to note from our records that you have failed to deposit the
Outstanding Balance (as updated hereunder) as per the payment terms opted by you in the
Agreement. Through this communication, we remind and call upon you once again to immediately pay
such amount as per the details given below:-
Amount Due Date
143,857.00 14.03.2012
3. All overdue payments are subject to charging of interest @ 18.00 % p.a. for the period of delay
(i.e. for the period commencing from respective due date of each instalment to the date of credit of
payment of overdue amount).
4. Your failure to deposit the above mentioned overdue Outstanding Balance is in breach of the
terms and conditions of the Agreement, wherein it was a specifically agreed and accepted by you that
timely payment is of essence to the Agreement/allotment and any default in payment or non-payment
shall constitute a fundamental breach thereof. Further, as previously notified to you in the Agreement
and reiterated herein, your continued failure to adhere to the payment schedule and failure to make
full and timely payment impacts our ability to fulfil our obligations to you and other customers and
consequently prejudicially affects as well as results in the waiver of your rights under the Agreement.
Accordingly, in the event that you fail to strictly adhere to the complete terms of this Final Notice and
the Agreement, such action on your part shall amount to a voluntary, conscious and intentional waiver
and relinquishment by you of all your rights and privileges under the terms of the Agreement and this
Final Notice shall, in exercise of our rights under the terms of the Agreement, be treated as
termination/cancellation of the aforesaid Agreement and you shall cease to have any right or interest
whatsoever in allotment of unit or under the Agreement and shall also be liable to forfeiture of earnest
money deposit, accumulated interest and brokerage paid (if any). Further, we shall deal with the unit
no. E-1401 in Project Resort at Faridabad in any manner as we may deem fit.
5. Without prejudice to our rights under the terms of the Agreement, keeping in view the interest of
our customers at large, we hereby provide you this last and final opportunity to ensure immediate
compliance with the terms of the Agreement and the Reminders and to immediately clear your entire
Outstanding Balance of 143,857.00 amount with accumulated interest @ 18.00 % p.a. till the date of
payment, immediately, to avoid the consequences of such default, including those mentioned in this
Final Notice.
6. Neither the forbearance, failure nor any delay by us in exercising any right, power, or privilege
under the terms of the Agreement and/or any communications or Reminders to you shall operate as a
waiver of such right, power or privilege, and no single or partial exercise of any such right, power or
privilege will preclude any other or further exercise of such right, power or privilege or the exercise of
any other right, power or privilege available to us contractually or under law. No such waiver will be
deemed, or will constitute, a continuing waiver unless otherwise expressly so provided. Further, your
rights and privileges from and duties and obligations to BPTP and allotment of a Unit in Project Resort
at Faridabad will be governed in terms of the Agreement and the courtesy of BPTP in serving the
Reminders upon you do not provide you any independent cause of action or rights and privileges
including any extension of the Due Date of your payment obligations.
In case, you have already remitted the payments mentioned herein you may ignore this reminder
letter.
Yours faithfully,
For BPTP

[JAWAHARYADAV]

Hi,
Even I have have got a similar letter regarding BPTP Plot.We should jointly decide about the action to be taken against BPTP so that we don't get exploited by them. Any idea about the latest status of the court case. I hear by request all members who have booked plot/flat with BPTP to join together and fight against them or else all of us will be looser. Jawahar Yadav . E-mail :jawaharyadav@gmail.com

[drajitpratap]

Our Gandhian approach is not working. Netaji subhash chandra/ Azad approach is better for these builders and govt officials. Are we ready for strong protest.

[dheerajjain]

This is a very strong letter by BPTP indeed ! @shilpi21, it is not the case that DTCP does NOT have powers to rein in builders including BPTP. It is a matter of turning blind, deaf and dumb to sufferings of honest tax paying middle class people. Builders are very strong lobby. We have to fight them will all possible means including a combination of protests, court cases, media coverage, social forums, complaints etc. Protests are a very good way. But, are we ready to do protests in hot month of June and also shortening holiday plans for some members? We have observed that whenever there is a need to do some activities, always there is shortage. We managed to get ONLY 5 people for Court Case hearing in Chandigarh.

[avnish]

Dheeraj ji,

We need to organize in big numbers (at least 100 flat buyers) and storm the BPTP office sooner than later, in full media glare. Time has come to act and act decisively. Let us plan a big event to show our unity and strength.

Avnish

[BlessU]

In view of the delay in court hearing + absence of any REGULATOR in housing sector , the Builders are getting bolder as far as dealing with their clients is concerned. BPTP the worst builder so far has sent the FINAL NOTICE to THE RESORT customers to pay the balance or forget about their flats all together
THIS IS WHAT THEY SENT TO ALL THEIR CLIENTS OF BPTP RESORTS.

"Dear Sir,
We refer to:
1. Copy of Application for Allotment by Sale of Flat in Project Resort at Faridabad.
2. Copy of letter issued by BPTP requesting for payments against provisional booking /registration
with regard to Unit No E-1401 in Project Resort at Faridabad.
The documents listed in items 1 is referred to herein as the "Agreements". The document listed in
item 2, 3 & 4 and this Letter are collectively referred to herein as the "Reminders". This Reminder
shall be treated as a Final Notice to you from BPTP.
Please take notice that,
1. We write with reference to your obligations under the Agreement and our several oral and
written Reminders sent to you in respect of the above captioned Unit providing you adequate notice,
reminder and opportunity to remit a sum of Rs 143,857.00 immediately ("Outstanding Balance").
2. Despite our Reminders, we regret to note from our records that you have failed to deposit the
Outstanding Balance (as updated hereunder) as per the payment terms opted by you in the
Agreement. Through this communication, we remind and call upon you once again to immediately pay
such amount as per the details given below:-
Amount Due Date
143,857.00 14.03.2012
3. All overdue payments are subject to charging of interest @ 18.00 % p.a. for the period of delay
(i.e. for the period commencing from respective due date of each instalment to the date of credit of
payment of overdue amount).
4. Your failure to deposit the above mentioned overdue Outstanding Balance is in breach of the
terms and conditions of the Agreement, wherein it was a specifically agreed and accepted by you that
timely payment is of essence to the Agreement/allotment and any default in payment or non-payment
shall constitute a fundamental breach thereof. Further, as previously notified to you in the Agreement
and reiterated herein, your continued failure to adhere to the payment schedule and failure to make
full and timely payment impacts our ability to fulfil our obligations to you and other customers and
consequently prejudicially affects as well as results in the waiver of your rights under the Agreement.
Accordingly, in the event that you fail to strictly adhere to the complete terms of this Final Notice and
the Agreement, such action on your part shall amount to a voluntary, conscious and intentional waiver
and relinquishment by you of all your rights and privileges under the terms of the Agreement and this
Final Notice shall, in exercise of our rights under the terms of the Agreement, be treated as
termination/cancellation of the aforesaid Agreement and you shall cease to have any right or interest
whatsoever in allotment of unit or under the Agreement and shall also be liable to forfeiture of earnest
money deposit, accumulated interest and brokerage paid (if any). Further, we shall deal with the unit
no. E-1401 in Project Resort at Faridabad in any manner as we may deem fit.
5. Without prejudice to our rights under the terms of the Agreement, keeping in view the interest of
our customers at large, we hereby provide you this last and final opportunity to ensure immediate
compliance with the terms of the Agreement and the Reminders and to immediately clear your entire
Outstanding Balance of 143,857.00 amount with accumulated interest @ 18.00 % p.a. till the date of
payment, immediately, to avoid the consequences of such default, including those mentioned in this
Final Notice.
6. Neither the forbearance, failure nor any delay by us in exercising any right, power, or privilege
under the terms of the Agreement and/or any communications or Reminders to you shall operate as a
waiver of such right, power or privilege, and no single or partial exercise of any such right, power or
privilege will preclude any other or further exercise of such right, power or privilege or the exercise of
any other right, power or privilege available to us contractually or under law. No such waiver will be
deemed, or will constitute, a continuing waiver unless otherwise expressly so provided. Further, your
rights and privileges from and duties and obligations to BPTP and allotment of a Unit in Project Resort
at Faridabad will be governed in terms of the Agreement and the courtesy of BPTP in serving the
Reminders upon you do not provide you any independent cause of action or rights and privileges
including any extension of the Due Date of your payment obligations.
In case, you have already remitted the payments mentioned herein you may ignore this reminder
letter.
Yours faithfully,
For BPTP

Hi
Greetings

This is absolutely ridiculous

This is height of insolence..

I am not sure what options are available while the EDC case is in the honble court.
Right time to seek legal opinion about filing Multiple FIRs, move criminal case against the company and obtain stay may possibly bring some respite.

Another post of adjusting refund on excess charges against future maintenance/holding cost turns true the apprehension that it is impossible to get money back from this highly customer unfriendly company. How can they hold advances, while not paying any interest and using the money all the time, without approval/consent??

This is 100% illegal

Cheers

[BlessU]

Hi
Greetings

This is absolutely ridiculous

This is height of insolence..

I am not sure what options are available while the EDC case is in the honble court.
Right time to seek legal opinion about filing Multiple FIRs, move criminal case against the company and obtain stay may possibly bring some respite. At least this is what some people did in case of DD motors, if those affected may think it appropriate filling Multiple FIRs against BPTP. This is the last notice and hence last chance to act for your own rights.

Read another post for a different BPTP Project regarding adjusting refund on excess charges against future maintenance/holding cost. It proves the apprehension that it is impossible to get money back from this highly customer unfriendly company. How can they hold advances, while not paying any interest and using the money all the time, without approval/consent??

This is 100% illegal. They are loosing in consumer courts and now it is right time to implicate DTCP along with BPTP in a criminal case of injustice to those who invested sweat, blood and tears, aspiring for a home.

Cheers

[shilpi21]

This is a very strong letter by BPTP indeed ! @shilpi21, it is not the case that DTCP does NOT have powers to rein in builders including BPTP. It is a matter of turning blind, deaf and dumb to sufferings of honest tax paying middle class people. Builders are very strong lobby. We have to fight them will all possible means including a combination of protests, court cases, media coverage, social forums, complaints etc. Protests are a very good way. But, are we ready to do protests in hot month of June and also shortening holiday plans for some members? We have observed that whenever there is a need to do some activities, always there is shortage. We managed to get ONLY 5 people for Court Case hearing in Chandigarh.

DTCP may be having powers but power without will is useless. Govt. of India also has powers but no will to clear the mess we all see around us. We have become so callous that suffering of people do not move us anymore. People die in train accidents and what the powerful Govt. does -- Order a probe and dole out cash to the relatives of the victims but NEVER EVER introspects about how to improve the conditions. So my friend MONEY is speaking LOUDER than any kind of protests,court cases,media coverage,social forums,complaints etc. Builder has to pay right money to the right persons and all eyes are closed, It is a big Politician-Builder nexus like any other sector in India. You touch Telecom and now COAL, you find rot underneath. Housing sector no different.
Navneet

[gupta.rajeev]

Absolute non sense is going on. The builders are now snatching away the flats from us as there is big rise in secondary market prices. but the builders are using unfair means. open dacoity !Robert Vadhera connection has made BPTP the biggest Goonda of Neharpar.

[gupta.rajeev]

people say that as long as congress is in power in India and Haryana, BPTP would do the Dadagiri. Gandhi Power is with BPTP.This is why that the DC, The DTCP and the Chief Minister also do not take any action against BPTP.