RPS Group starts possession of SAVANA with illegal demands

[s1joshi]

Respected Dinesh ji

Its always recommend for people to come forward and initiate a legal battle, Unity is strength and more the number of people shed inhibition and come out, More will be the pressure on builder to deliver.

You can log complaint with economic offenses wing, We had done a drive for same in year 2010/2011. If desired, You can reuse draft EOW complaint template available in the link along with details

updates-on-complaint-filed-against-rps-group-to-economic-offence-wing-eow-t376.html

Subsequently few of us filed case in National commission, Its currently ongoing - not much progress so far.

[1975abhijit]

Can someone from tower 5&8 share their experience regarding illegal demand and penalty.
regards
Abhijit
T07/1004

[sardana.ayush]

Hi All,

I request people those who have already got possession in RPS to share
their experiances and guide us. Also I was reviewing Old posts in the group
and got to know that RPS refunded Enhanced EDC and charged @108. I have
paid EEDC@ Rs 121 and haven't got any credit note. Can anyone please advise?

At this point of time, I am awaiting response from RPS on the illigal
demands raised by them.

Regards
Ayush

[talwar-1974]

I have also paid EEDC@121psf. but RPS didn't refunded it. I m also waiting for their response on illegal
demands.

[mbhattacharya]

So you mean you have already taken possession and paid everything and now asking for refund ?

Madhusudhan
T-11

[AbhijitT31007]

hi,
I bought a flat in RPS Savana T3 in April 2008 in resale.
Now during Possession RPS is refusing to pay any Penalties due to delay of possession on since the previous owner haven't paid demands on time but cleared all dues with interest before he sold it to me in 2008, from 2008 all my payment was on time without any delays, please advise.
also please let me know the Current Circle Rates of the same RPS is saying it is @ 4000.
Abhijit
9818888956
abhijitsoma@gmail.com
abhijit@morphogenesis.org

[AbhijitT31007]

hi,
I bought a flat in RPS Savana T3 in April 2008 in resale.
Now during Possession RPS is refusing to pay any Penalties due to delay of possession on since the previous owner haven't paid demands on time but cleared all dues with interest before he sold it to me in 2008, from 2008 all my payment was on time without any delays, please advise.
also please let me know the Current Circle Rates of the same RPS is saying it is @ 4000.
Abhijit
9818888956
abhijitsoma@gmail.com
abhijit@morphogenesis.org

[nitgood07]

Hi,

This is going to be same case with me too, I have a flat in BB4, also bought my flat in Feb 2008 in resale, few of payments were delayed by bank but that is not much delay just 10-15 days delay. how come builder can deny paying delay penalty based on this? He is going to charge delay charge. any option to save it or fight against?

Thanks,
Nitin Gupta

[AbhijitT31007]

Reply From RPS:
Dear Sir,

This is with reference to your e-mail dated 14/07/2014 further reminder.

Before replying your e-mail, we would like you to appreciate that, governing factor for applicable terms in any unit is the moment when the same is initially booked by a prospective buyer by giving its consent for complying terms and conditions of booking and allotment.

In case there happen to be any change in ownership/ endorsement of allotment rights before possession, our role is to record the transaction along with taking confirmation from new buyer about his understanding and complying all applicable terms and conditions consented by its predecessor. In this way the new buyer carry all rights and liabilities with him in the transferred unit.

Possession offer of each and every unit is governed as per agreement terms and for any justifiable reason of delay, we provide to compensate our bonafide consumers specially those whose installments are paid on time. Our records reveals that there has been defaults in making payment of due installments as per payment plan by your predecessor hence any compensation/ rebate is not due in your case.

Moreover it is not out of place to mention here that despite the fact that there is exorbitant rise in construction cost, the company, in the larger interest of its customers has proposed to waive off escalation in cost around 24% for the period August 2006 to December 2010 which otherwise has been borne by us.

Should you require any further details, you may visit our office during Monday till Friday by seeking an appointment with our designated officers.

Thanks,

[AbhijitT31007]

My Reply:
Please find attached Old customer ledger report. There is no mention of any interest for late payment nor any due during the period my endorsement during 10th April 2008, which should have been there if any applicable.
More over if there is any delay of payment you are entitle to charge me interest as per the clause 6 of Buyers Agreement, you cannot deny me Penalties due to delay of possession for you side as per clause 13 and 14 of Buyers Agreement.
There is no mention of anything as such that Buyer will be not entitle to Penalties due to delay of possession for you side, if there is any delay of payment for which interest is also paid. If any please let me know the clause of Buyers Agreement.

Regarding escalation in cost, as per the clause 50 of Buyers Agreement, it is only applies if any force majeure clause or any act of god etc. not for general escalation in cost. More over many builder in the NCR has started project around 2006 and able to finish within the time period, if they can why not you.

I will again request you to re-consider and pay me the due amount, or I will have no option but to go to National consumer commission. Will wait for your kind reply.

[AbhijitT31007]

response of RPS:
Dear Sir,

This is with reference to your e-mail dated 14/07/2014 further reminder.

Before replying your e-mail, we would like you to appreciate that, governing factor for applicable terms in any unit is the moment when the same is initially booked by a prospective buyer by giving its consent for complying terms and conditions of booking and allotment.

In case there happen to be any change in ownership/ endorsement of allotment rights before possession, our role is to record the transaction along with taking confirmation from new buyer about his understanding and complying all applicable terms and conditions consented by its predecessor. In this way the new buyer carry all rights and liabilities with him in the transferred unit.

Possession offer of each and every unit is governed as per agreement terms and for any justifiable reason of delay, we provide to compensate our bonafide consumers specially those whose installments are paid on time. Our records reveals that there has been defaults in making payment of due installments as per payment plan by your predecessor hence any compensation/ rebate is not due in your case.

Moreover it is not out of place to mention here that despite the fact that there is exorbitant rise in construction cost, the company, in the larger interest of its customers has proposed to waive off escalation in cost around 24% for the period August 2006 to December 2010 which otherwise has been borne by us.

Should you require any further details, you may visit our office during Monday till Friday by seeking an appointment with our designated officers.

Thanks,

[webmaster]

To be honest, everyone wanting to go legal against the unjustified demands should have started legal proceedings atleast 2-3 years ago.

In my opinion, there are two options.

Either pay the entire amount to avoid legal hassles, take possession and avoid further interest.

Or if you are really determined, immediately consult a lawyer and send a notice to RPS. If you wait to find a partner to form a group case, you will just waste your time.

When possession was offered for T8 and T7 tower last year, there was also panic and lot of members wanted to go legal, raised a lot of hue and cry. But no one came forward to lead the group and it just fizzled out, I guess most of them have taken possession paying the demand.

[AbhijitT31007]

Did any body got Penalties.
I have a flat in RPS Savana T3, now during possession in the last demand RPS is refusing to pay any Penalties due to delay of possession on since the previous owner haven't paid demands on time but all his dues was cleared with interest before he sold it to me in April 2008. And all my payment after that was on time.
Abhijit
9818888956

[AbhijitT31007]

RPS REPLIED

Dear Sir,

This is with reference to your e-mail dated 14/07/2014 further reminder.

Before replying your e-mail, we would like you to appreciate that, governing factor for applicable terms in any unit is the moment when the same is initially booked by a prospective buyer by giving its consent for complying terms and conditions of booking and allotment.

In case there happen to be any change in ownership/ endorsement of allotment rights before possession, our role is to record the transaction along with taking confirmation from new buyer about his understanding and complying all applicable terms and conditions consented by its predecessor. In this way the new buyer carry all rights and liabilities with him in the transferred unit.

Possession offer of each and every unit is governed as per agreement terms and for any justifiable reason of delay, we provide to compensate our bonafide consumers specially those whose installments are paid on time. Our records reveals that there has been defaults in making payment of due installments as per payment plan by your predecessor hence any compensation/ rebate is not due in your case.

Moreover it is not out of place to mention here that despite the fact that there is exorbitant rise in construction cost, the company, in the larger interest of its customers has proposed to waive off escalation in cost around 24% for the period August 2006 to December 2010 which otherwise has been borne by us.

Should you require any further details, you may visit our office during Monday till Friday by seeking an appointment with our designated officers.

Thanks,
RPS

[AbhijitT31007]

my Reply to RPS
Please find attached Old customer ledger report. There is no mention of any interest for late payment nor any due during the period my endorsement during 10th April 2008, which should have been there if any applicable.
More over if there is any delay of payment you are entitle to charge me interest as per the clause 6 of Buyers Agreement, you cannot deny me Penalties due to delay of possession for you side as per clause 13 and 14 of Buyers Agreement.
There is no mention of anything as such that Buyer will be not entitle to Penalties due to delay of possession for you side, if there is any delay of payment for which interest is also paid. If any please let me know the clause of Buyers Agreement.

Regarding escalation in cost, as per the clause 50 of Buyers Agreement, it is only applies if any force majeure clause or any act of god etc. not for general escalation in cost. More over many builder in the NCR has started project around 2006 and able to finish within the time period, if they can why not you.

I will again request you to re-consider and pay me the due amount, or I will have no option but to go to National consumer commission.