DLF Maintenance Vs BPTP Parkland Maintenance

[rkj.arti]

R K Jain
9958309990
rkj.arti@gmail.com

[rkj.arti]

In DLF maintenance Charges Case, the following additional services, which are not in
any manner whatsoever covered by Section 3 (3) (a) (iii) or
any provisions of the Act or the Rules, and the facts on which Hon'ble Supreme Court verdict based :
(vs BPTP Case)

a) Round the clock security :

(Only a single Guard- on the main Entrance)

As there is no or very less construction activities going on due to low pace developmental activities in the vicinity, like slow work on sector road, lack of transportation etc. Its Fine, 24 hrs security is not required,

b) Electricity consumption of street lights, which shall
include replacement of bulbs, tubes etc., maintenance of
electrical system and its upgradation.

As there is not a single resident constructed or residing there, due to lack of support system and slow development in the infrastructure. Its just a waste of electricity to lit the whole area

c) Reparing and strengthening of boundary walls and fencing.

There is no boundery walls or fencing which requires repairing or strengthing

d) Conservancy and general upkeep, which shall
include sweeping of roads, door to door garbage
collection and its disposal, clearing of unwanted growth
of plants in vacant plots, repair/replacement/painting of
signages, guide maps and gates etc.

As there are no occupents, so there would be no door-to door garbage collection, there is no activity of clearing unwanted growth of plants in vacant plots ( growth of unwanted plants can be seen every where- supported by photograph), as there is no construction at all. There are no signage installed or guide maps which require repair/replacement/painting. There is Only one gate at the entrance.

e) Upgradation of Roads/parks.

There are no upgradation or maintenance )-supported by photograph) of roads. There are no parks to maintain. Other Builders constructing multistory flats in parkland using our plots to move around with heavy vehicles, full loads of trucks for the building raw material etc. and destroying the pavers installed for footpaths.

f) Establishment/administrative charges for rendering
the aforesaid services, which shall include salaries of
staff, rent of the building, telephone, printing,
stationery, electricity, computer expenses etc. incurred
in running complaint centre in DLF City.

For one guard, how much administration is required ?


Now, here is what BPTP reply on ENHANCE MAINTENANCE CHARGES :

maintenance charges shall be applicable from the due date of possession letter. We would further like to update you that it is the responsibility of the builder to ensure the facilitation of all the basic amenities. Maintenance Charges shall mean charges as may be demanded by the Maintenance Service Provider towards the regular upkeep, security and maintenance of the Colony which includes maintenance, security, landscaping and common areas and facilities with respect to their regular upkeep, maintenance.

We would like to update you that the Cost of maintenance has been increased. In accordance with the Clause No. 3 mentioned in the Plot Buyer?s Maintenance agreement wherein we have mentioned that the charges are subject to revision as per the context of the current minimum wages, prices of commodities and services, official levies, fees and taxes etc. including water and electrical maintenance charges, water boosting pumps, equipment installed in the boosting stations etc. and service charges of BPMS. The Buyer specifically agrees that the BPMS may suitably increase, with concurrence of the Builder the aforesaid rates of maintenance and service to cover the escalation/variation in wages, rates and costs of services and commodities.

The increased rate of maintenance charges are 3.25Rs. / Sq. Yd. Please note the calculation is3.25*Area*12/365*No. of days+ Service Tax (12.36%).

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Also, its evident from the buyer seller agreement, all clauses have been added and inco-operated just to benefit and protect the builder BPTP. Now how BPTP is exploiting above Hon'ble supreme court verdict -

Back-up Power is a issue which is basically used in apartments and multistoried flats where in it's known beforehand
how much would be the average consumption based on sq. ft coveres area. And thats too - Optional and can't be forced to pay for the Generators and its upkeep as generally people uses own invertors as per there needs. And if one opts for Generator power back-up - its maintenance part is a part which is covered in the electricty bill for the backup.

But in case of vacant plots how one can foresee/judge that it would going to be a ten room flat or one bed room flat. So Its not possible to forecast about the load in advance.

WATER - BOOSTING STATION/ BOOSTING PUMPS - comes into picture when there are multistoried buildings or apartments are there. For person living on ground floor such facilities are not required at all. And its the duty of the water distribution/ supplying company and the charges in this regards comes in the water bill depending upon the consumption.

So, I request all the investors to please join hands in filing Case in the consumer court, new delhi aginst BPTP, so that it will stop exploiting the investors further. Also consumer court meant only for the protection of the consumers where consumer can fight directly without even advocate.

R K Jain
9958309990
rkj.arti@gmail.com