Enhanced EDC Stayed by Hon'ble High Court

[tvkrishnam]

It is a belief only in this country that to pay bribe is a crime. So CBI chases those who pay bribe NOT to punish them for paying bribe but to get a cut for themselves.

I believe it is a crime to take bribe. Public servants have sworn to do their duty. They do their duty only after taking bribe.

If munshiji is low paid he is free to seek better paying job. This is the freedom of opportunity and freedom of choice we all have. Many of us working in private companies understand this and act. Public servants and those associated with them believe they are free to exploit people by demanding bribe. The munshiji is also like the buider colluding with the judicial system and demanding his pound of flesh.

May be we need a Mahabharat to kill all bribe takers!

[sushilbhatt]

Dear Umesh ji

Firstly being a legal professional I don't think that I need your advise that when should I visit the Court or not. Since you are not aware about legal procedures and court strategies being non legal professional, you go and visit Chandigarh whether matter will be heard or not, may be you have some other work also their like your RTI appeals/ follow-up etc. on such dates. For your information, being a legal professional, I use to discuss first with our lawyers in advance and if need be only then I plan to go for court cases in courts whether its GFWA case or my office cases. This is the only difference between you and me. I will give you an illustration of this: When on a particular date the other side in the matter will be filing their affidavit in the court, being a legal professional I know that court will definitely give time or the other counsels will take time to read such affidavit and revert on it, I will avoid that hearing because I know nothing is going to happen on that day in court. But you will straightaway go there even without consulting us and come back without any effective hearing and post on forum a long update of that non effective hearing. This is the difference. I am clarifying this because on such minor hearing or non-effective hearings I use to avoid such hearings to be attended by us or any authorised person of GFWA because its not just a matter of going there but it also involves the expenses of around Rs.8000-10000 of GFWA on each of such futile dates.

Secondly I do not need your assistance to introduce me to anybody in Chandigarh court as being legal professional and having other official matters in Chandigarh I know there 20 + lawyers/ sr. lawyers and their Munshi's including munshi of Mr. Khanna.

Thirdly, I am not aware why you always criticise GFWA lawyers and appreciates the builders lawyers besides the facts that builders have filed their petition in 2010 and no order of any kind is given to them. Builders have already collected our hard earned money in the form of EDC from buyers long back and have not deposited the same with DTCP on one pretext or the other and they are lingering on their petition since 2010. I am surprised to know that lawyers of builders are asking update /information from you, may be the builders are not giving him proper documents /information and he found you suitable to get information from you as you may be having lots of information which will help in their case. Needless to say you have neither given any documents to us which strengthen the GFWA case till date nor provided the same to our lawyers in Chandigarh despite you claiming in court on each hearing. If you have any crucial information / document which may be brought to the notice of the Court to strengthen our case or to make our case more stronger, you could have came to us or to our lawyers in Chandigarh to file the said document in court and take advantage of that document. But as I remember, no information/ documents are given by you ever.

GFWA lawyers and legal team is keeping a close watch on the matter and is well versed with the facts and circumstances of the matter.

As regards any amount to be paid to Munshi, it only happens when some favourable orders comes or you need some crucial documents but it always be there in the range of Rs.200-400 not Rs. 5000 or any other higher figure. If a heavy work is to be done for which heavy amount needs to be paid, it is always done by the lawyers and in that cases we should not depend on the clerk or munshi. In our case, it is already instructed to Mr. Khanna to obtain such documents /affidavits for us as and when required and since all the matters are connected, we generally get those documents from other side or Court only. I don't know who given instructions to the clerk for getting such documents. If you have given such instructions, I would request kindly avoid this practice it unnecessary creates misunderstandings. If any documents are required by our sr. lawyer he may ask from Mr. Khanna and if he asks you, you may please convey the same to Mr. Khanna or to me, so that Mr. Khanna can get such documents and provide the same to sr. lawyer.

For your kind information and information to all GFWA members, the matter is posted for 16.09.2014 for arguments and not on 14.09.2014 as per last order sheet of court dt. 19.08.2014.

Cheers and hope for the good outcome of our petition, which involves everybody's hard efforts!!

Regards
Sushil Bhatt

[s1joshi]

Also to add on, As Sushil ji mentioned - beside monetary implications of each of these visits, There is tremendous accounting impact as well for same. GFWA faced lots of issues in account closures in the past, as there were instances wherein some people took advances for Chandigarh visit, and did not provided any bills or invoices despite repeated reminders. This caused lot of delays for account closures.

[sushilbhatt]

Corrections to my previous post: As of now the hearing is scheduled to be on 12 September 2014 and not on 16 September 2014 for further arguments in the matters. Any changes in the scheduled dates will be shared in advance.

[webmaster]

Thanks Sushil ji for your inputs.

Would request Umesh ji not to discuss internal financial issues on this topic, as it can be discussed on emails. If there are any pending dues from GFWA, please discuss it over email.

Please keep this topic discussions only related to merits/demerits of the case.

[dheerajjain]

Umesh Ji, Sushil Ji, you both are extremely valuable to this case and from my side, deepest appreciation of your efforts. Money is a small thing in fight against injustice. Umesh Ji, if you believe that Rs 5000 has to be given to Munshi, I am ready to pay that in contribution towards common cause. Let us hope for the best for 16th September

[ssp142000]

Well said Dheeraj ji,

Umesh ji has been personally taking time to visit Chandigarh. Trust it makes impact. Since, he has to confront alone he feels the pressure. We should put up some code of conduct to deal with matters pertaining to GFWA to avoid confusion and arguements.

Sushil ji, being an expert should advise the future course of action, when required.

Have noticed criticism more than appreciation. This is the bug that needs to be fixed within ourselves.

We tend to become aggressive and lose temper very easily.

Naveen ji and myself landed into the same kind if situation in the past which i regret.

Let us stand by each other and make this place a better place for everyone.

Forgive and forget to stay united against the odds.

Thanks

[vineet]

Hi All,

Being treasurer of GFWA, I would like to reply on the expenses part.

During FY 2012-13, Rs 45325/- have been paid to members towards travelling and misc payments related travelling(mainly munshi payment) expenses.

During FY 2013-14, Rs 17450/- have been paid.

Under GFWA written procedures, we had a procedure of giving advance to members for meeting travelling expenses. A request had to be put by member to president/secretary and get approval. Advance is given to the member on the same day as approval. Any advance taken by the members needs to be settled by giving bills/vouchers and these bills/vouchers are then kept for audit records. However, if any members does not settle his/her previous advance account, no further advance is granted. I hope you all will agree that this is a procedure followed by most of the organisations.

In the present case, no bills have been submitted by the member against previous advance for more than one year despite many reminders. I hope this clarifies the situation.

[naveenarichwal]

From Sanjay Sirohi T-6 , 302
Hello
Can somebody update me with "What is the writ petition number" by which stay has been put by Punjab & haryana high court on Enhanced EDC for which the next hearing is planned on 12 sep 14.Or a copy of stay oder by court
Thx

Please find the related documents that indicate clearly that the High court has ordered the stay on Collection of EEDC and the Circular from office of DGTCP also confirms the same.

[amolbh]

Can we stop the builder (in my case, RPS) to collect EEDC amount from us by showing this order copy? Has anyone tried to do this and got success?

[s1joshi]

Hi Amol

You can dispute these charges, (if not paid already), Few of us had made part payment for EEDC basis our individual calculation. Further in the offer of possession, RPS has stated that - "Demand for EEDC is sub judice and pending before hon'ble high court, and accordingly payment for same is not being insisted upon."

EEDC demands & related possession specific demands from RPS were discussed in couple of related threads, You may put in search string of RPS EEDC and will come across a few links

DTCP orders Colonizers to stop collecting enhanced EDC
post16635.html

RPS Group starts possession offer of SAVANA with illegal demands
rps-group-starts-possession-offer-of-savana-with-illegal-demands-t2060-225.html

Consolidated sheet for outstanding EDC and EEDC (as on 31 Dec 2012)
post13814.html?

[naveenarichwal]

Reply of BPTP to the Letter from a Buyer regarding the demand of EEDC is enclosed.(May 2013)

The Builder Knows well that only few buyers are aware about these matters in Court, and even amongst them few have the Guts not to pay what the Builders are demanding in written.

So majority Pay whatever the Byuilder is asking them to pay.

This is the Weakness of the buyer who is eagerly waiting for a Cover over his Head which he/She can call its own, and apprehensions in the mind if they dont pay than God knows what will the Builder do.

The Authorities that should control the illegal activities of the Builder are infact the protectors of the Builder and give free hand to Loot.

The Judiciary is also deliberatly slow which tires the complainant .

[naveenarichwal]

The case of Rakibul Hassan Alias Ranjeet singh (so called Love Jihad) clearly shows that a small time criminal had full protection from 5-6 Judges in Courts .

When an Individual can Buy Judges than why the Judges will not be bought by these Billionare Companies with state protection.

[webmaster]

It is also imperative to mention that Umesh Prabhakar ji resigned from GFWA effective 1st August 2013 and formed Federation of Apartment Owners Association Greater Faridabad as President.

Hence Umesh ji is following up on the EEDC case as an Individual/representing FAOA and not GFWA.

[dheerajjain]

Jayanta, I am surprised by your incorrect statements. Umesh Ji resigned from core team of GFWA due to internal politics and he mentioned that he will continue to a member of GFWA and discharging responsibilities within his capacities, limits and candidness. Neither he is President of FAOA. When he is in high Court in Chandigarh, he represents cause of all GFWA members as well as other affected flat buyers. He is instrumental in coordinating and collaborating with buyers association of Kurukshetra due to which we got a stay on enhanced EDC. There was a discussion regarding being a legal professional. While having legal degrees are highly valued in Court, but it is not mandatory as law and justice are beyond degrees. In NCDRC, I have seen while sitting in Court room, Aashish arguing his case very well against Omaxe lawyer. Our Piyush Heights Association President who is having no legal degree himself argued tough criminal case in Session Court in Faridabad against a battery of builders lawyers. I also argued in SDM Court in Faridabad against builder lawyer. It is very important to be present in War Room as circumstances and conditions change rapidly and you may be required to give your best. It is very important that we flat buyers are united in our common cause and avoid irrelevant comments.