Enhanced EDC Stayed by Hon'ble High Court

[webmaster]

Thanks for the update Dheeraj.

[manojkaushik24]

Is there any way to know whether Enhanced EDS collected by Builder has been submitted to Govt.? I want to know because if it is not submitted to Govt and still lying with builder than we can chase builder to refund it until High court verdict is out on this.

[bkjain12]

You may always submit a RTI to DTCP, Haryana asking them about the EDC/ enhanced EDC paid to the DTCP by the builder.

[manojkaushik24]

You may always submit a RTI to DTCP, Haryana asking them about the EDC/ enhanced EDC paid to the DTCP by the builder.

Thanks a lot Sir...I am planning to do the same...just want to know more about it - Will they (DTCP) be able to advise unit wise or they can just advise the lumpsump figure paid by builder..

[umesh.prabhakar1965@rediffmail.com]

Friends,

Please find attached herewith the order issued by Director General, Town & Country Planning, Haryana pertaining to order of stay on Enhanced order,

Also DGTCP, HARYANA has directed the the Licensees( Colonizers) to refrain themselves from collecting the Enhanced EDC from their allot tees( Customers).

Please do not pay the amount of Enhanced EDC demanded by Licensees( Colonizers) until the final order of the court.

Regards

Umesh Prabhakar

[BlessU]

Hi
Greetings

Thanks for the share Mr Prabhakar

In very unclear terms the DgTCP has ordered that
- NO EDC/IDC CAN BE DEMANDED BY ANY BUILDER AGAINST THE SAID MEMO
- BUILDER CANNOT FORCE TO PAY EDC
- ALL EDC PAID TO BUILDER HAS TO BE SUBMITTED IMMEDIATELY
- IF THE BUILDER FORCES, HE SHALL HAVE TO FACE CONSEQUENCIES AND BEAR THE ONUS.

Hope we get some resolution through this struggle and long wait. The issues pertaining to EDC already charged and audit conducted by the department are pending and DTCP/HUDA should take immediate steps to ensure that justice is done.

Cheers

[Bill]

That's a great news for all the buyers in Greater Faridabad. If some one has copy of "Balwan Singh Vs State of Haryana" orders, please post it.

Thanks.

Cheers

Hi
Greetings

Thanks for the share Mr Prabhakar

In very unclear terms the DgTCP has ordered that
- NO EDC/IDC CAN BE DEMANDED BY ANY BUILDER AGAINST THE SAID MEMO
- BUILDER CANNOT FORCE TO PAY EDC
- ALL EDC PAID TO BUILDER HAS TO BE SUBMITTED IMMEDIATELY
- IF THE BUILDER FORCES, HE SHALL HAVE TO FACE CONSEQUENCIES AND BEAR THE ONUS.

Hope we get some resolution through this struggle and long wait. The issues pertaining to EDC already charged and audit conducted by the department are pending and DTCP/HUDA should take immediate steps to ensure that justice is done.

Cheers

[dheerajjain]

That is great ! Finally, some silver lining admist dark clouds! So, as BlessU put it in clear terms, builder can't demand Enhanced EDC. If enhanced EDC is already submitted by buyers to builders, then that need to be submitted by builders to Department immediately. If builder acts against this order of DGTCP, then builder himself has to face legal consequences of that action

[webmaster]

Update from our legal team:

The final arguments couldn't be taken up by the Court as there were 8-10 petition on the same subject in which the state was suppose to file additional affidavits. State filed additional affidavit in some matters including ours and sought further time in rest of the matters.

The State is strictly directed to file such affidavits in other matters too so that all connected petitions can be heard finally on 10th Jan 14.

We hope on 10th Jan the matter will be heard and disposed off finally.

[jgpraveen11]

Thanks Umesh Ji,

Just a query.

Based on this pending verdict, we have also not paid up the enhanced EDC till now. Earlier when we shared the verdict information with the builder, we had got a reply on mail from a manager that if we do not want to pay the enhanced EDC, its Ok but if the verdict goes in favour of HUDA, then you will have to pay the charges with interest.

Now in last few months, they are sending frequent installment pending notifications that your so & so amount is due with updated interest charges accrued till now and asking to pay. These notifications put some mental harassment & pressure.

Are they (builder- like Ansal in my case) not aware of the DGTCP letter Or they are just still trying to be-fool people, Or I would need to reach them personally with some evidences.

Please suggest.


Regards
Praveen Kumar



are getting some installements pending notifications from the Builder.

Friends,

Please find attached herewith the order issued by Director General, Town & Country Planning, Haryana pertaining to order of stay on Enhanced order,

Also DGTCP, HARYANA has directed the the Licensees( Colonizers) to refrain themselves from collecting the Enhanced EDC from their allot tees( Customers).

Please do not pay the amount of Enhanced EDC demanded by Licensees( Colonizers) until the final order of the court.

Regards

Umesh Prabhakar

[dheerajjain]

Letter is available publicly. DTCP has made letter public to inform all colonizers. Ansals is misleading you. Order is on front page of DTCP website

[webmaster]

People who have paid Enhanced EDC have no option but to wait for the final High Court verdict. This notification is only to stop builders from demanding and collecting enhanced EDC from customers, it is NOT an order to refund the EEDC amount collected.

DTCP has said the EEDC which has been collected is to be deposited to the department and not refund to customers.

[dheerajjain]

Buyers who had paid enhanced EDC (including myself) according to their own calculations can use attached template that I have prepared to put an end to pending enhanced EDC amount and hefty interest. Also,I think it is good that our money for enhanced EDC will now go to Department rather than lying with builders.

"Stay United and Root out Corruption"

[manojkaushik24]

Thanks Dheeraj.

Can we check with Deptt by RTI if this amount actually deposited by builder or not. Or if we can get the information may be unit wise EDC/EEDC deposited by builder, if possible.

In few cases, I believe builder will neither deposit the amount to concerned deptt nor will adjust to the buyer account (refund is beyond the imagination) until verdict is out on this case. I believe next hearing is somewhere in Jan 14 and builder will enjoy this unaccounted amount.

Regards,
Manoj Kaushik

[chawlamit]

Hi Manoj,

I had posted a RTI query earlier and sent it by email to dtp.faridabad.tcp@gmail.com. But they replied that I will have to deposit Rs. 50 in the office, which I could not do as I am out of station. This is the address from their website.

State Public Information Officer,
District Town Planner,
o/o Director Town and Country Planning,
Director Town and Country Planning
Faridabad HUDA Complex, Sec.12, Faridabad