RPS owes 100 crores to HUDA... your money is in danger

[bienpanda]

Dear All,

RPS who has collected EDC and enhanced EDC under threat of interest, by charging extra over and above the stipulated rate, has charged you service tax on EDC and has charged you on the full 49.02 acres while palming off 8 acres, HAS NOT DEPOSITED ANY OF THIS MONEY WITH HUDA and the amount due from them is more than 100 crores.

Unless this money is paid, I am afraid no OC shall be available for the allottees whose number shall come at the end and I guess those will be mostly the Four bedroom flat owners. More importantly when the last and final OC shall be coming up, HUDA also shall realise that FAR has exceeded the limit and shall advise demolition.

Appended Letter written by me to DTCP is self explanatory:


DIRECTORATE OF TOWN & COUNTRY PLANNING, HARYANA
SECTOR-18, CHANDIGARH.
Tele-Fax: 0172-2548475; Tel.: 0172-2549851,
E-mail: tcphrY@gmail.com,
Website:www.tcpharyana. gov.in

Dear Sir,

Sub:Your Memo No. DS(N)/LC-769/2012 / 27364 dtd 31/12/12 wrt Renewal of License No. 1029-1031 of 2006 dated 29.06.2006. issued to RPS Infrastructure

I am in possession of your above memo ( Copy attached) and in this connection I have to say the following for your kind perusal:

A. I am flat buyer in RPS Savana Project having booked the flat in 2006 and till date there has been no confirmation towards delivery of the flat while about 95% of the contracted amount has been collected by RPS. Only last month they advised us to pay the installment on completion of plaster work and you can well imagine when the complete flat shall be handed over.

B. On perusal of your above memo , I am surprised to know that RPS Infrastructure has defaulted in paying almost Rs 100 crores to you towards EDC and enhanced EDC, while actually they have collected all this money from flat buyers.

C. In fact they have cheated and over charged all the flat buyers in the name of EDC and Enhanced EDC and to me they have charged a total of Rs 246.30 per sqft ( Interest has been charged on top of this by RPS for delayed payment too), which I have also paid) while actually the actual EDC+ Enhanced EDC works out to be Rs 194.34 thus cheating and over charging us by apx Rs 52 per sqft.

D. Secondly by their own admission, they have hived off about 8 acres of land, which originally was part of the colony for some other commercial venture, not connected with the GH scheme. Thus in a way they have gone beyond the permitted FAR which is an offence. It may so happen that at the time of granting the final OC observing that there has been a violation of FAR ( I believe you are granting OC in phases, while the promised infrastructures in terms of Swimming pools, clubs. parking space are not ready. and you only should have the answer for this lapse as to why OC has been granted) you have to go for demolition. If you do not opt for same, I am sure the RWA when formed shall move to court for demolition, which shall smell of a s typical scam, of which you can not absolve your self.

However it is pertinent to note that even after hiving off 8 acres, they are seeking licence renewal for the total 49 acres.This means the hiving off has not gone through the regular official channel. which should in a way put a stop to any revised building plan and sanction there of ,which I am sure you would have declined as a routine matter. In case this is not so, it is a serious matter and the role played by your office shall definitely come under scrutiny.

E. Thirdly, now that the enhanced EDC has been stayed by the Hon'ble High court and RPS having collected all the money from the flat buyers (Plus Interest), which as per your guideline is to be deposited with you and having defaulted to an extent of Rs 100 crores, are they not committing another offence of which you happen to be a silent spectator. May I know for why this leniency to this particular builder? And for what reason?

F. Fourthly,The builder is charging Service Tax on EDC which I know is not payable. Is he depositing same with you. On an earlier occasion I have complained about this but it appears you have not taken any action in this matter. This is very surprising to note that an agency which has been passing on the charges leviable by a state agency is clandestinely collecting and cheating customers under the guise of Government levies and government fails to know and also take cognizance of same when facts are brought to their notice.

G. Lastly, it is to be understood that there has been an inordinate delay in construction and you must seek an explanation from RPS as to the cause and nature of such delay and share it with the flat buyers.
In case no satisfactory answer is forthcoming they must be taken to task and it is your cardinal duty to not only be satisfied with their reply abut be satisfied in a way that it shall stand legal scrutiny, which I am sure is in the offing.

[dheerajjain]

Mr. Panda, I believe you need to update your understanding on some of points. First of all, no Occupation Certificate is granted (even partial) OR licence renewal given unless developer deposits EDC+enhanced EDC on total licensed area OR gives an undertaking and/or bank guarantees for the same. RPS has got OC for some of towers, it means these things are in place. Also, while granting OC, FAR and other facts like EWS units completion are taken into consideration by Town and Country Planning department. Please note that e-mail address and postal address for Director General, Town and Country Planning are incorrectly mentioned in your post.

Correct postal address and e-mail are:

Director General
of Town & Country Planning Haryana H.Q.,
SCO 71-75,
Sec.17C, Chandigarh.

E-Mail Address: tcphry2@gmail.com

[naveenarichwal]

DGTCP & Its Dept can hear the Voice of Political Bosses as well as Builders Lobby, They are Deaf & Dumb to Voices of General Public. Only Courts can force them to hear Public Voices.
They will never take action without Courts order

[bienpanda]

DGTCP & Its Dept can hear the Voice of Political Bosses as well as Builders Lobby, They are Deaf & Dumb to Voices of General Public. Only Courts can force them to hear Public Voices.
They will never take action without Courts order

I know and have realised that the actual victims are shying away from a fight with a hope that somebody else is going to fight for them... Very few are interested to take up the battle with RPS and I know some private settlements have gone through which is detrimental to the common cause, Unless the people who are real victims rise and take the fight to court RPS shall continue to play divide and rule policy by offering possession of some towers, getting in to private clandestine settlements ... It is for us to stay united and fight legally ...otherwise we are all doomed.Regards

[bienpanda]

Dheeraji,

Thanks for your inputs.
I have sent another mail to RPS exposing their fraud in collecting Enhanced EDC under threat and coercion, which is below:

RPS Infrastructure Limited
1117 – 1120, 11th Floor, Tower – B,
DLF Towers Jasola District Center,
New Delhi – 110025




​Dear Mr Jain,

Reference to our meeting of 9th May at your office, I wish to appraise you of the following facts and demand an immediate refund of enhanced EDC money which you seem to have collected in a very surreptitious and illegal manner

1. During the meeting you told me that all the money collected towards enhanced EDC has been deposited with the Department and hence refund of same can not be done and can only be done in accordance with the outcome of the court case ​being heard at The Hon'ble High Court of Punjab and Haryana, Chandigarh.

2. Now I am in possession of certain papers namely the letter issued to you towards renewal of your licence no 1029 to 1031 dated 29/06/2006 which are contrary to your statement exposing your blatant lies with an idea to cheat and cause financial loss to me. As it appears you gave an undertaking to DTCP on 2nd June 2013 that you shall "make the payment of enhanced EDC as and when demanded by the Department after the final verdict in CWP no 5835 of 2013 pending before Hon'ble High court of Punjab and Haryana at Chandigarh". A copy of your licence renewal Memo bearing no LC-769-JE(B)/2013 /42947 dated 17/6/2013 is attached for your reference.

3. This being a true statement of facts,confirms that you never deposited the money collected from me towards enhanced EDC with the department but retained same with you for enhancing your business and earning interest there on, This is an illegal and arbitrary action bordering on fraud,cheating and causing mental & financial harassment to me. As you are aware I am a retired person who has invested his life time savings in your project and now you go behind my back to cheat me of my interest earning capital, on which I survive. I demand immediate refund of enhanced EDC ( along with interest charged to me by you) with 24% interest pa immediately,

Best Wishes,