Enhanced EDC Stayed by Hon'ble High Court

[umesh.prabhakar1965@rediffmail.com]

Friends,

It is evident in the letter itself that bptp/colonizer are simply exerting pressures on the customers to pay EEDC. I don't understand where in his letter to his customer that Order of Stay does not apply for district Faridabad.

BPTP has categorically stated that CWP pertains to Kurukshetra district but the notification dated 14/07/2011 inscribes Faridabad,too.

BPTP states if hon'ble high court orders the notification dated 14/07/2011 as INVALID in its final order then BPTP will return the amount collected in the name of EEDC.
BPTP also states if hon'ble high court upholds the notification dated 14/07/2011 in its final order then bptp will charge an interest @15% on the amount in the name of EEDC.

That clearly means that order of stay is applicable for Faridabad,too. To my understanding there is no need to get panic of such letters and bptp or any colonizer pay heavy amount to advocates as salaries to vet such letters also they have mastered themselves to create confusion in the mind of innocent customers.

It will be a herculean task to get the amount back from the JAWS of Colonizer once paid and court orders the notification as INVALID.

Maxim the colonizer/bptp will charge an interest @ 15% if the court orders the upholding of notification dated 14/07/2011.
But to my understanding bptp/colonizer will not pay an interest @15% to TCP( on the unpaid amount) for the period of STAY and will definitely seek from TCP to be declared the same as ZERO Period/moratorium for a period of continuance of STAY.

I humbly request all of you to read the letter issued by bptp/colonizer and request NOT to push the PANIC BUTTON.

I am sure after this clarification there seems to be no confusion and if still it persists in any one's mind feel free to call me on my mobile.

Regards

Umesh Kumar Prabhakar

[dheerajjain]

Thanks for the update Mr Dheeraj.

Now the case is heading towards policy and laws and who has the power to put these charges.

What about the initial plea of GFWA that there is no development and an extra charge has been asked from people? This would be a separate issue for each district.

Hi Anuj, GFWA case has development as one of main prayers in Writ Petition with enhanced EDC quashing being prime prayer. Please note clubbing together the cases for time being is prerogative of the Court and does not in any way sidelines development. If Court decides matter of enhanced EDC for various districts, then GFWA case for development can run independently for Faridabad.

[dheerajjain]

Dear Deeraj Ji,

Many thanks for your update. But how do we interpret this development? As the matter is now taken course to Policy Formulation and that again is a long process from proposals to approvals and implementation.

I personally feel that in real terms, we the common man has still not got any relief as the builders are still hell bent on demanding EEDC as they do not have any formal intimation of stay from DTCP and the extraction by DTCP in disguise is on.............

Request to please share your views.

WR,
Nikhil

GFWA is pressurizing DGTCP for issuing instructions to builders. Also, GFWA filed application in Court for the same.

[naveenarichwal]

The main culprit is This DGTCP, it is allowing , & encouraging all irregularity in Real Estate Sector in Haryana.

[anupam1966]

Dear All,

Today I received the below reply from BPTP Gurgaon ( for BPTP Granduera ) on pursuing the matter of enhanced EDC which is quite contrary to what I received on the Forum . Or is that I am wrong on reading through the Stay order.

Regards

Mazumdar
E-1104


=============


Dear Sir,
This is with reference to your trailing email.
We write with reference to the stay order passed by the Punjab & Haryana High Court on 19.03.2013 in the CWP No. 5835 of 2013 titled as Balwan Singh & Ors. Vs State of Haryana & Ors. whereby the Hon'ble High Court has stayed the operation of Memo dated 14.07.2011, issued by HUDA regarding EDC rates for various urban estates.

At the outset we would like to apprise you with the fact that the said Writ Petition has been filed by customers having their properties in Kurukshetra District of Haryana and not to Faridabad region. We not being a party to the Petition filed before the Hon'ble Punjab & Haryana High Court are not aware of the circumstances in which the order dated 19.03.2013 was passed.
Since the coverage of the Order dated 19.03.2013 is not clear and the Memo dated 14.07.2011 contained inter alia the rates for Faridabad area also, as a matter of abundant caution we have vide our letter dated 02.04.2013 sought clarification from the Director General, Town & Country Planning (DGTCP) regarding the applicability of the stay order on Licenses granted in Faridabad. However, please be informed that the said Order dated 19.03.2013 is only an interim measure and the Hon'ble Court has not declared the Memo dated 14.07.2011 as inoperative or null and void.
You will appreciate that as per the terms of the License and the Bilateral Agreement, we are bound to pay External Development Charges and any enhancement thereof (EDC/EEDC) to HUDA through Director General, Town & Country Planning. The delay in making the payment of EEDC to HUDA attracts interest @ 12% + 3% (penal interest). The Enhanced External Development Charges forms the part of total sale consideration and as per the terms of the Application/Agreement you are liable to make the payment of same to the company. It is pertinent to mention that making the payment of the EEDC in accordance with the demand raised by the company shall not be prejudicial to the interest of the customers as in case the memo dated 14.07.2011 is held to be invalid the company shall refund the Enhanced amount of EDC.
However, we would like to inform you that unless and until the full consideration is received by the company the sale deeds cannot be executed.
In view of the above Order dated 19.03.2013, as a matter of abundant caution and as a goodwill gesture we give the following options to our Customers:
1. who have paid and are willing to pay the EEDC amount on the basis of the demand raised:


If the Memo dated 14.07.2011 is ultimately held to be invalid by the Hon'ble High Court or its Appellate Court then we shall refund the amount of EEDC or such part of it which is held to be invalid and shall be in a position to execute sale deed.


2. who do not wish to make the payment of EEDC as demanded by the company:


In the circumstances the stay is set aside and the operation of Memo dated 14.07.2011 is upheld by the Hon'ble Court or in the alternative DGTCP confirms that the Memo dated 14.07.2011 is not applicable on us, the Company would be liable to make the payment of the EEDC to HUDA. If the EEDC amount is not paid to HUDA in time, the company shall be liable to make the payment of the same alongwith interest @ 15% (12% + 3% (penal interest).

In case you choose for not making the payment of the EEDC amount demanded by the company we would like to state that you shall be liable to make the payment of delayed interest @ 15% (12% + 3% (penal interest) on delayed payment of EEDC, to the company as charged by HUDA. Also we would not be in a position to execute your sale deed till such time the issue is finally determined by the court as EEDC is part of sale consideration.
Further please note that non-payment of EEDC at this stage will derail the whole development of the area since it is a condition precedent to the grant of Zoning Plans which are essential for release of building plans. We have in anticipation of your depositing the EEDC given Corporate Guarantee to the DGTCP that we shall pay the EEDC as per payment schedule given by the authorities so that the Zoning Plans be released. In case majority of the customers choose not to pay EEDC we shall not be in a position to honor our commitment with DGTCP.
With regards to the registry of your unit, we would like to inform you that an outstanding of Rs. 209,815.00 is reflecting in your BPTP account . Please be informed that post remittance of complete dues we would be able to initiate the process of possession and sale deed execution for the said unit.


Should you require any assistance please feel free to call at +91-124-385 (2787) or write in to us at customercare@bptp.com.
Please mention your customer code and project name in the subject line.

Thanks & Regards,
Saswati Acharya
Office Phone : +91-124-385-BPTP (2787)

[s1joshi]

Dear Anupam

This is same letter posted by another forum member for BPTP resort, It only seem like pressure tactic from builder to exert money... Getting money back from builder is going to be next to impossible, If possible, I would rather prefer/suggest wait for some more time.

[umesh.prabhakar1965@rediffmail.com]

Friends,

This is nothing but a pressure tactics adapted by BPTP. Contrary bptp itself has not paid the amount in the form of EEDC to DGTCP.

If DGTCP can enjoy any kind of privilege from DGTCP you too are enjoyable for the same privilege as Constitution of our country gives equal rights to all the citizens of country.

Lets keep some patience and no panic button is pushed by the members.

Regards

Umesh Kumar Prabhakar

[rajan]

The statement from BPTP as usual is a bundle of lies. The real position is that for sector 75 &76 and for sectors 81 to 89,the BPTP has not deposited a single peny of EEDC .Even some EDC is also pending.
Beside this the completion certificate for sectors 80 to 89 has not been given to BPTP so far by the DGTCP as the BPTP has not completed the internal development work. Even in case of sectors 75 & 76 only a partial completion certificate was given to BPTP some where in 2010.Even that was for only 50% of the plots in sectors 75 & 76.
Not only this the final completion certificate for even this 50% has not been given by DGTCP so far ,again because the BPTP could not fulfil the condition of the part completion. As such there talking of delay in the development work is all bull s**t.
We may also like to inform the readers that the collection of even the Balance 5% of the BSP which the BPTP has collected long ago from the plot holders along with all the dues related to maintenance is an illegal collection by BPTP. This could be collected by BPTP only after successfully completion of the internal development work (including the colony electrification).which is still miles away.
We at Parklands Owners Association Greater Faridabad(parklandsowners@gmail.com)has filed a case against the BPTP and Haryana govt in the Chandigarh high court. In this petition we have taken all issues regarding extra collection of EDC/EEDC/IDC/STP/SUB STATION/FAKE POSSESSION LETTER(without completion certificate)/one sided conveyance deed etc etc.
All those who want to be a party in this high court case can write to our association e mail ID posted above.
regards
rajan

[swetathakur]

Hi All,

we have received the Possession Letter for BPTP Resort on 2nd June 2013.
with the Enhanced EDC.
Has anyone got the Possession Letter for Resort???

Sweta

[spriggs.nigel]

Just read this fantastic news. It would be nice if a copy of the stay order and a format for the refund could be shared for those who have already paid their enhanced EDC to the builders.

Regards,
Nigel
Summer Palms, Sector 86

[yadav_ajay]

Hi Nigel,

in case of Summer Palms, Builder is already paid all EDC (old+Enhanced) to Govt. in Nov'12 and only after paying all dues, Umang realtech got the occupancy certificate in Dec12

as far as I know you already paid the EEDC to builder and as per Court Stay Builder can't ask EDC from customers.
But there is no order that Builder supposed to refund the EDC already taken.

From GFWA side, we already sent Letter to DG-Town and Country Planning and requested that DGTCP should instruct Builders in Faridabad and all Builder must follow the stay oder and not to ask any EEDC from Customers till the next orders from Court.

regarding the Format, there is no fixed format, but you can simply write to respective builder and inform them that EEDC notification has been Stayed by High Court and they can't ask EDC till the case is before Court.

Regards
Ajay Yadav

[meenakshi]

Friends,

I logged in after a long time and its a great news that EEDC stayed by high court. Now how we get back the money that we have already paid for EEDC?


Regards
Meenakshi

[mbhattacharya]

As per my knowledge EEDC payment will not be refunded till the time HUDA sent a notification to all the builders as its just a stay by High court at the moment.

RPS told me today the same that till they get any offcial notification from HUDA as they got in case of revised EEDC they will not yet refund any money. Only money that adjusted is the revised EEDC after HUDA informed them to do so.

[jgknan]

hi

what does the edc stay mean to a person who has paid ? can he get the refund?

If someone has not paid as of date can the demand be valid

is there a way where we can know whether this edc amount has been paid to govt or not

[naveenarichwal]

IT means matter is stayed at the present point, that means that EDC cannot be demanded by Builders on any day till the court does not remove the stay.
It never means that the EDC matter has been solved in favour of either side, i.e. the Matter is still under Discussion in Court. Those who have paid cannot ask the refund because the Court order has not said so in clear terms, this can happen only after the final decision of Court.
But the Builders are so fearless and not care about anything in this world, that they still continue to demand EEDC and even give Cancellation Threat Letter to those who have not paid EEDC, and tells them that they have not received any Court order.
The MORAL story of this is that the Builder will do what he decides to do, You have 2 options, namely one to do what the builder is demanding, that is pay him money for any ,legal or illegal demand , that he is asking.
Second is to approach Police and court, to fight with the Builder.
Doing Dharna, Hunger strike, Self immolation, Slogan shouting, Blogging at a forum, etc. will have no effect on the builder or will not change the system. They do not care about anybody ?

So Buyer has to take individual decision and form groups with like minded people and find the illegalities that the builder is doing and and approach the Police and if police has been fed well by the builder than approach the court. There is no other option than this.
The Whole system, i.e. Neta,DTCP,Police DTP etc are fully under control of the builder because money can buy anything.
The only Hope before common man is certain judgments that courts have given eg DLF case, Piyush builder case, Stay on EDC by struggle of GFWA, Refund by SRS of illegal PLC, National consumer mission giving order to Piyush to give possession without any extra demand, and i hope the list becomes unending.
This is the only hope left before common man. But this requires patience & determination.