Legal case against KLJ Developers

[HUKKU 190]

Dear sirs,
This is to inform members of this forum who have booked flats in KLJ Greens, Sec 77 that I have filed a complaint in the Delhi State Consumer Court against KLJ for the 5 year delay & other malpractices. The Court admitted the complaint on 22 May & ordered that notice be given to KLJ – the next hearing is scheduled for Nov. I also intend to file a criminal case for cheating & breach of trust.
I became a member of the forum in Dec 14 when I realized that there was no other option to deal with KLJ other than going to Court & I must say that I got some useful information from the forum. I thought that KLJ was an isolated case of a crooked builder but I was surprised that a large number of builders are following similar practices as KLJ.
The problem for this as well as a number of other national problems is that the two agencies meant to protect the public’s interest viz the Courts & the police are ineffective / corrupt - the courts more ineffective & the police more corrupt. Going to either is a daunting task & even if one goes getting justice is not easy. Under these circumstances there is no fear for an unscrupulous person who is breaking the law. The GM of KLJ who knows all the malpractices being indulged in told me in Dec that if I had a problem I can go to the court or to the police.
The other issue is of human greed. KP Singh of DLF is the 8th richest man in India with a net worth of about 10 billion USD. Still DLF was indulging in such corrupt practices that the CCI fined DLF heavily & used very scathing language against DLF & KP Singh. The Faridabad builders though not in the same league as KP are rich enough for their next 7 generations to live a lavish life without doing any work.

[rayvk]

Hi I am also a aggrieved buyer of the property. I am based out of Bangalore and would like to become part of the case if possible (I think it would help if we all become party to the case instead of fighting with the developer separately). Please let me know if this would be possible

[mnhasan]

DEAR SIR,
IS IT POSSIBLE TO PROVIDE ME THE COPY OF COMPLAINTS FILED WITH THE STATE FORUM.I HAVE ALSO FILED THE CASE IN DISTRICT CONSUMER FORUM IN DELHI AND IT IS DUE FOR FINAL ARGUMENT IN AUG-2015.YOUR COMPLAINTS WILL HELP ME SOMEHOW AT THE TIME OF FINAL ARGUMENT.
MY EMAIL ID IS as follows:- mnhasaniitd@gmail.com
Ph:- 9899027860

THANX,

M N HASAN
9899027860

[mnhasan]

Supreme Court judgment on Car Parking issues

In a 2010 judgment, Nahalchand Laloochand Pvt. Ltd. v. Panchali Co-operative Housing Society Ltd. [AIR 2010 SC 3607], the Hon’ble Supreme Court rejected the argument of a real estate development company that they are entitled to sell garages or stilt parking areas as separate flats to owners who intend to use it as parking facilities. A bench of Justices A K Patnaik and R M Lodha, ruled that builders or promoters cannot sell parking areas as independent units or flats as these areas are to be extended as “common areas and facilities” for the owners. Also, the Court said that the developer is only entitled to charge price for the common areas and facilities from each flat purchaser in proportion to the carpet area of the flat.

[HUKKU 190]

Hi I am also a aggrieved buyer of the property. I am based out of Bangalore and would like to become part of the case if possible (I think it would help if we all become party to the case instead of fighting with the developer separately). Please let me know if this would be possible

Hi,
My lawyer is Samir Vasishta, D 398 Defence Colony, New Delhi Tel no 9810262681 email ID samirvasishta@gmail.com.
You can contact him & discuss your requirements.
Best Regards
RK Hukku

[thakur.karan]

Hi All

I also own a unit in KLJ Greens in tower A1. Have received an offer of possession about 10 days back. I will also be filling a case against them very soon if they don't respond to the claims that I have disputed with them. I have disputed all the charges: Escalation, Cost of extra items, increase in area, CAM charges, VAT and have also demanded penalty that they should pay. Please let me know progress on your cases so that we can share some useful information within this forum which will help all of us.

Also, If there are other members who are planning to file a joint application in the court then please come forward.

Thanks
9990688900

[HUKKU 190]

Hi,
I also received the offer of possession recently & my reply to KLJ is pasted below for info. Mr Pawan Gulati is coordinating a joint case against KLJ & his tel no is 9837706565.

Dear Sir,
1.This is to inform you that the said property is sub-judice before the Delhi State Consumer Disputes Redressal Commission, New Delhi in the matter of CC No. 298/2015 titled ‘Raj Kumar Hukku vs. KLJ Developers Private Limited’ which was taken up for hearing on 22.05.2015 by the Hon’ble Commission and is now coming up for hearing on 18.11.2015.
2. Needless to say, any action pertaining to the same as may be desired by you is subject to the outcome of the said complaint and it is advisable that you may participate in the said proceedings and to not compel the undersigned to comply with your demands.
3. However, please refer to your letter dated 10.6.15, the undersigned considers it appropriate to address the illegalities and malpractices which are writ large in the said letter.
4. Your above letter was delivered on 17.6.15 & was seen by the undersigned on 19.6.15 after his return from Simla. As there has been a delay of approx 5 years in handing over possession your need to hurry matters & ask that discrepancies be intimated within 10 days is not understood. This is all the more important in view of the many prima facie illegalities / errors made by you especially in the Statement of Account.
5. As a first step it is requested that justification for the following demands made by you may please be given indicating relevant clause of the agreement etc – this will enable the undersigned to take legal advice on this matter:-
a) Increase of area by 64 sq ft from 1279 to 1343 sq ft – while the agreement says that the area is tentative & subject to change the architectural basis for this 5% increase may please be explained.
b) PLC – The undersigned had brought to your notice vide my email of 30.6.14 that his flat is not club / park facing & had sought refund of PLC charges & the interest charged on that. The undersigned did not receive any reply from you.
c) Car parking charges – while car parking charges are part of the agreement these have been declared illegal by the Supreme Court.
d) Cost of extra items – please indicate under what clause of the agreement this demand has been made & details (including cost breakup) of the extra items that have been provided.
e) Cost escalation – although the cost escalation clause was not there in the undersigned’s original agreement for Flat 601 Tower A9 you had surreptitiously tried to include it in the agreement for Flat 801 Tower A1. The undersigned had objected to this & you had deleted this clause vide your letter dated 29.10.14. Please indicate how this demand has been made when the clause has been deleted.
f) Interest – this is not understood as Schedule 2 has not been received along with your letter.
6. The undersigned had, vide his letter dated 25.3.15 requested the following & would be grateful if these amounts are included in the undersigned’s account :-
a) Interest of Rs 8890 wrongly charged by you has been refunded by you but the interest of approx Rs 40000 needs to be paid.
b) Discrepancy of Rs 2023 in the refund of EEDC may be explained or the amount be paid to me with interest. Also proof of paying EDC to Govt of Haryana indicating date of payment may be given.
c) EEDC amount charged from the undersigned be refunded as the same has been stayed by the High Court.
7. Moreover the compensation due to the undersigned for the delay in handing over possession may please be included in the account.
8. As requested, you may desist from sending any further demands to the undersigned as the matter is pending before the Hon’ble Delhi State Commission for its kind consideration.
Best Regards

[thakur.karan]

Dear All, posting a fresh incident on behalf of Mr. Anuj Sharma (9958668181)
Below is the email correspondence between Anuj and KLJ
---------------------------------------------------------------

From: Santosh Sharma / Date: 11-Dec-2016 12:38 pm
Subject: Fwd: Fw: Regarding Offer of Possession -KLJ Greens ,Flat no-101,Tower-C2-REMINDER-6
To: sales@kljdevelopers.com, neeha@kljdevelopers.com, delhi@kljindia.com, hemant@kljindia.com
Cc: anuj sharma, santosh sharma

To The Principal Officer/ Managing Director Dated:- 11/12/16
M/S KLJ Developers Private Limited
KLJ Comlex-1,Ground Floor,70/B-39,Shivaji Marg,Najafgarh Road,New Delhi-110015

GENTAL REMINDER -1

1---Send me the documentary proof of final area calculation after completion.

2---Send me the documentary proof i.e. EEDC demand letter copy of Haryana Government also send me the calculation base of your demands. Also give me the documentary proof of EDC which has been paid by you to the Government authority. Actually it is still doubtful at your end i.e. paid or not paid ?

3---Send me the documentary proof i.e. PLC charges for park facing ,again I am saying that there is NO PARK in actual as quoted by you in broacher during sale the unit.

4---Send me the List of Extra Item which is mandatory as per the Government authority for all group housing project. If it is mandatory then why you were not showing this cost initially at the time of sale the unit .also not mentioned in FBA. It cleared shows that your intention was not fair from the beginning.

5---Again Saying that You are the only liable and responsible for Cost Escalation as you should completed your project with in time limits as per FBA. You are still not able to getting the OC ,it clearly showing your competency level in this field.

6---Send me the documentary proof i.e. Service Tax and VAT Policy of Haryana state ,also justify your calculation base.

7---Be specific in terms of compensation amount as same as your unjustified demands and also do mentioned it in demand Letter cum Service Invoice .

If you are agree with all above raised points then send me the all required documentary proof as soon as possible. If you are not interested to give me on mail ,I can also collect the hard copy from your Faridabad office. So that possession process could be take place.

Other wise I don't have any option except legal action.

Warm regards
Anuj Sharma
PH-9958668181
----------------------------------------------------------------------------------------

From: Anuj.SHARMA / Date: Fri, Dec 9, 2016 at 4:57 PM
Subject: Fw: Regarding Offer of Possession -KLJ Greens ,Flat no-101,Tower-C2-REMINDER-6
To: sales@kljdevelopers.com, neeha@kljdevelopers.com, delhi@kljindia.com, hemant@kljindia.com
Cc: anuj sharma; santosh sharma


To The Principal Officer/ Managing Director Dated:- 08/12/16
M/S KLJ Developers Private Limited
KLJ Comlex-1,Ground Floor,70/B-39,Shivaji Marg,Najafgarh Road,New Delhi-110015


This is very Generic reply i.e. not satisfactory to me .Why you are not sharing the government approval and notification regarding increased area ,EEDC,PLC, Extra cost of Item,Cost Escalation, service Tax ,Vat and Specially Delay possession compensation Amount.

As per my best knowledge and as per Previous customer's experience feedback ,initially you always demand unjustified amount to offer the possession and then call the customer at your Delhi office to bargaining / harasment. Why ?

Don't expect this in my case ,So GIVE ME THE SPACIFIC REPLY of all points and re-issue me the Offer of possession.

Regards,
Anuj Sharma
--------------------------------------------------------------------------
From: Sales <sales@kljdevelopers.com>
Date: 09-Dec-2016 1:30 pm
Subject: RE: Regarding Offer of Possession -KLJ Greens ,Flat no-101,Tower-C2-REMINDER-3 (ignore earlier )
To: 'Santosh Sharma'
Cc:

Dear Sir,

At the outset we would like to congratulate you on your new flat. At the same time we would like to assure you that our application for the Occupation certificate is at an advanced stage and we expect to receive the same very soon. Sir we have clearly mentioned this in our letter of Offer of Possession and it is for the reason that the process consumes much time we have initiated the process. By the time we complete the documentation and collection of payment. Sir all your queries in the trailing mail are answered as under in seriatim.


1. Area of the flat is always subject to variation during construction. The final area is known after the construction has been completed. The Company has intimated this to yourself at the stage of booking and also vide clause 1.3 of the Flat Buyer’s Agreement (“FBA”), duly signed. You are requested to visit the Site at a convenient date and have a physical measurement of the Unit done accompanied with our Representative. We will be happy to show all the details.
2. We would like to clarify that the amount of Rs.16,55,433/- has been demanded after taking into account the aggregate amount of Rs. 42,32,858/- paid by you. This will be more clear from the demand Letter cum Service Invoice sent along with the letter of offer of possession. You will notice that even in the Statement of Account shows that Rs.16,55,433/- is payable by you.
3. As mentioned above we will be more than happy to show you how the area has increased and consequently the revised charges have been demanded. Please do visit our site at a convenient time.
4. In your case EDC/ IDC have been charged as per the Flat Buyer’s Agreement. DC is not applicable in your case. EDC charges are subject to increase by the Govt. of Haryana and as per demand from them we raise demands for the Enhanced EDC. In your case the amounts for the old area have been received. At present proportionate applicable EDC is being demanded for the increased area of your flat.
5. The PLC has been charged as per the terms of the Flat Buyer’s Agreement. We can still discuss your concern if you can take some time out to meet us.

6. Charges for the extra items that are being charged for are those items that have been made mandatory by the Government/ Authority for all Group Housing Projects in the area. Hence, the additional charges for extra items have been claimed. Details of the charges can be obtained from our Office.
7. Cost of Escalation has been charged for the increase in cost of inputs during the period till possession was due to you as per the Flat Buyer’s agreement and not for any period beyond that. Yes this is supported by the provisions of the Flat Buyer’s Agreement.
8. Service Tax Charges and VAT have been claimed as per the applicable policy of the Haryana State.
9. Compensation for Delay will be applicable as per the agreed provisions of the FBA. We request you to come over to our office at a convenient time and we can discuss the matter.
10. Format of Indemnity sent to you can be execute it only after being fully satisfied.
We hope all your queries would have been answered. However, we are available to clarify further if you can visit our office at any convenient time between 11 am to 4 pm on any weekday. Sir we would like to clarify that we have always been available and taken your calls whenever you have called and in future too we would take your calls and also see you whenever you visit us.
With Best regards
For KLJ Developers Private Limited
Authorised Signatory
--------------------------------------------------------------------------------------------------

From: Santosh Sharma
Sent: Sunday, December 4, 2016 3:36 PM
To: sales@kljdevelopers.com; neeha@kljdevelopers.com; delhi@kljindia.com; hemant@kljindia.com
Cc: anuj sharma; santosh sharma
Subject: w: Regarding Offer of Possession -KLJ Greens ,Flat no-101,Tower-C2-REMINDER-3 (ignore earlier )

APPLICATION

To The Principal Officer/ Managing Director Dated:- 06/12/16
M/S KLJ Developers Private Limited
KLJ Comlex-1,Ground Floor,70/B-39,Shivaji Marg,Najafgarh Road,New Delhi-110015

Subject Regarding Offer of Possession ,Dated-23/11/16


This is in your kind attention that I have received a offer of Possession against my Flat no -101 ,Tower -C2 ,KLJ Greens ,Faridabad ,and Payment Demand letter , on 23/11/16, in which following things are not acceptable to me and I Protest against this letter as your demand is illegal ,illogical and Exploiting in nature

1- First of all justify the increase in super area 198 sq.. i.e. Area documentary proof on the basis you have calculated.

2- Amount Received / Credited Till Date -Actual is Rs 42,32,858/- as per your Customer Ledger (Till July 2016 ) but you are showing is RS 40,93,693/- (i.e. less Rs 1,39,165/-) ,reconsider and correct in your records .

3- Basic sale Price -33,68,160/- i.e. increase in Rs 2,85,120 /-,How can you increase 9.24 % in BSP although as per Haryana state rule it can be up to 5% only . If you have any notification ,please share. If you are not agree with me than please refund my whole money with 18% with compound interest.

4- EDC/IDC/DC Charges -6,90,005/- i.e. increase of Rs 3,68,855 /-,What is the meaning of DC ,please clarify, although you have still not deposited the enhanced EDC as per RTI . As per my best knowledge EDC/EEDC could be claimed only once in a time ,Then How can you demanded me again against 198 Sq. ft. ?. ,it is coming in illegal act .If you have any Government notification then show me. Although unjustified Enhanced EDC demand, the Honorable High Court of Chandigarh has given a stay order on the EEDC policy till the next hearing.

5- Preferential Location Charges -This is in your kind notice that you have charged me Rs 50/sq.. PLC for park facing ,but in actual there is NO park available as mention in Broacher ,So adjust the amount Rs 1,07,050/- (2141 x 50=107050/-) in final demand.

6- Cost of Extra Items -1,12,272/- What is this ? Is this a part of my FBA agreement ? If yes then show me the clause. Have you taken me any prior Permission and what is the calculation ? Have you any government notification ?

7- Cost Escalation Amount -3,81,257/-What is this ? Is this a part of my FBA agreement ? If yes then show me the clause , What is calculation base ?

8- Service Tax Charges -1,37,752/- This is the Your liability only as you are the only responsible for delay in project ,as I have done all my payments in time ,so don't consider in my case.

9- Cost of Vat-1,39,779/- What is this ? What is the base? Have you any Government notification ,although its only developer liability because of delay in possession ,as I have done all my payments in time., so don't consider in my case.

10- MOST OF THE URGENT you are demanding me most of the things which are not mention in FBA- BUT not considering delay possession Compensating amount of RS 6,10,500/- which is due by April-12 and up to Dec-16 (57 months approximate ).This compensation amount is based on your one sided FBA ,other wise it could be just double i.e. 12 laces if I will go through latest Honorable courts decision i.e. interest up to 12% yearly

11-Indemnity-cum-Undertaking as per Annexure- I am not agree with Point no -2 because all things are still pending at your end and why I can't raise any claims or demands in relation to my flat ? Definitely I will raise or demand if I will observe any non-compliance because I am investing my huge earned money (Approximate Rs 60/- lacs) in this Flat ,and your intention is not showing fair. There is should be some warranty claim clauses as same as in other consumer products in market.

REMARK:-

.-. As per your letter offer of Possession which is self explanatory that you don't have Occupation Certificate till date but you are verbally promising me.How can you offer me possession without OC it’s coming in illegal and Criminal ACT. Now you are also threatening me 18% interest if I will not paid the unjustified amount with in 30 days.
.-. I am trying to contact CRM Team but they are not responding and hence for the same I am feeling cheated . Through this letter I want to convey this message that the Fraud that has happened to me shall not happen to others in near future .
.-. So finally I advise you take back your letter of offer possession immediately with apologize letter and re-offer again after getting the OC ,
.-. Before taking any legal action I would like to put this information in your notice. If you will not taking any corrective action as above suggested ,with in a next 10 days against this offer of possession letter ,I will do your complaint at Chief Minister office as well as Commissioner of Police Faridabad
.-. So take in your consideration seriously and revert back otherwise this type of behavior will affect the reputation of the Builder and also hurt the sentiments of the Consumer.

Warm regards
Anuj Sharma
PH-9958668181

[deepak Aggarwal]

To Dated. 01-12-2016.
M/s. KLJ Developers Private Limited,
KLJ Complex-1
70/B-39, Shivaji Marg, Najafgarh Road,
New Delhi-110015

Customer ID = FBD77-0866

Sub: - Not Acceptable-Possession before Occupation Certificate regarding
Flat No. 1102, /C-2 in KLJ Greens, Sector-77, Faridabad, Haryana.

Dear Sir,

This has reference to your letter dated 22.11.2016 issued to us regarding offer of possession of the
above said Flat. I have some genuine queries. Please reply the same as early as possible.

Please refer Col-H of page-03 and Col. 1.1 of page-05 of the Flat Buyers Agreement executed on 17th
September, 2012 at New Delhi between KLJ developers Private Limited As the (DEVELOPER) and Mrs Kusum
Parveen Aggarwal & Deepak Aggarwal as the BUYER.

1. Possession Offer before Occupation Certificate

In these Col-H and Col. 1.1 it clearly mentioned that the Buyer after fully satisfying himself/herself
with respect to the marketability, right, title, interest, designs, specifications and suitability of
the proposed construction of the said colony. The areas are tentative and are subject to change till
the grant of Occupation Certificate from the competent authority, (you have already change the area
before obtaining O.C) and for allotment of an open/covered car parking space.

Therefore, the Developer cannot offer possession/Execution of conveyance deed/Physical handover of the
said flat etc. before obtaining the Occupation Certificate from the competent authority.

You have mentioned in your possession letter dated 22.11.2016 that the Occupation Certificate would be
issued by DGTCP in about next 90 days, these 90 days from which date you have not mentioned. (DGTCP has
given any written commitment in this regard ?) Therefore the Developer cannot raised Interest amount.
This is also illegal for demanding money + 18% Interest if we not pay within 30 days.




2. Super Area Calculation

Please clarify that on what basis you have calculated the total super area. If Developers go by the
principle of Architecture, there should not be any variation in the apartment size from the day the
architectural design is done and the foundation built till the time the whole project is ready. It is
not possible for an apartment size A in a building with a ready skeleton structure to grow to size B at
the time of possession.

3. Preferential Location Charges (PLC)

Why you have charged PLC amount? Please explain. (Refer my application form)


4. EDC/IDC charges.

Enhanced EDC charged by you Rs. 360/- per sq.ft. We have several RTI’s in which it is clear that you
have not paid enhanced EDC to the Government. It is stayed by the High Court. Further more you have
given credit note of Rs. 65/-per sq.ft. To other Buyers of KLJ Greens. So it is requested that please
reimbursed us @ Rs.65/- per sq ft to us with 18 % compound Interest.
This is also not clear that Why you can charge 2times EDC on the same area of the total plot? You have
now increased the super area of the individual and charged the EDC/IDC @ Rs.360/-per sq ft for the
increased area for which we have already paid the EDC/IDC. The total area of the plot has not been
increased i.e. that will be the same as before. Then why we will pay EDC and IDC amount on the
increased super area.

5. Cost of Extra Items (E)

Seek clarification, what are these items which was not mentioned at the time of booking, or at the time
of buyers Agreement. Or never before placing these items in the campus. So, We want list of Items along
with charges and basis of charges.

6. Regarding payments towards cost of VAT

Pl clarify on what basis you have calculated the amount of Rs. 1, 82,999/-. Send the GOVT. ORDERS COPY
Please.



7. Compensation for Delay Period.

The compensation for delay in possession by the Developers as per the Flat buyers Agreement is not
calculated by you, please calculate the amount for the delay period with 18% compound Interest and
inform accordingly to the owner of the above said flat so that we will know what amount you will repay
to us before we make payments to KLJ. (Our Flat Buyers agreements executed on 17th September, 2012).

8. CAR PARKING CHARGES
As per Supreme Court judgment, Car parking is the common Area of the Society and Developer has no right
to sell a parking space. Please confirm why you are charging a car parking charges from buyers.


9. INDEMNITY-CUM-UNDERTAKING Annexure-B (Please refer S.No-2)

Why flat owner should sign INDEMNITY-CUM-UNDERTAKING before taking the physical possession of the flat.
Please clarify.
Moreover we think that this indemnity-cum-undertaking executed by Buyers only but where is the
indemnity-cum-undertaking to be executed by the developer in favor of the Buyers. I think that should
be.

I hope you will we satisfied /agreed with me on the issues raised by me for the above said flat. Please
clarify the points raised by me at the earliest. Please send us the revised amended statement of
Account copy and DEMAND LETTER CUM SERVICE INVOICE so that we can make the payment on right time. We
hope you will be happy to resolve our queries.

Waiting for your earlier & Positive response.

Thanking You,

With regards

Kusum Parveen Aggarwal & Deepak Aggarwal
Joint Buyer
Mob: 9810767041
Flat No-27, Jawahar Apartments,
GH-54, Sector-56, Gurgaon, Haryana.

[deepak Aggarwal]

REPLY FROM KLJ

Dear sir,

At the outset we would like to congratulate you on your new flat. Sir all your queries in the trailing mail are answered as under in seriatim.

1. Sir as mentioned in Letter of offer of possession our application for Occupation certificate is at an advanced stage of clearance with the authorities concerned and we are confident of receiving it soon. It is for this reason that we have initiated the process of offering possession which itself is a time consuming process. We have not been given anything in writing when the O.C will be issued but this is a reasonable estimate. We hope you will make all the documents mentioned in our letter ready and make the payments in the meantime.
2. Area of the flat is always subject to variation during construction. The final area is known after the construction has been completed. The Company has intimated this to yourself at the stage of booking and also vide clause 1.3 of the Flat Buyer’s Agreement (“FBA”), duly signed. You are requested to visit the Site at a convenient date and have a physical measurement of the Unit done accompanied with our Representative. We will be happy to show all the details.
3. The PLC has been charged as per the Flat Buyer’s Agreement duly agreed and signed by you. We have gone absolutely as per the agreed terms.
4. The EDC & IDC charges have been demanded as per the rate specified in the Flat Buyer’s agreement accepted by you. Hence refund of any part thereof is not applicable to you. We assure you that EDC & IDC charges have not been levied twice for the same area. The present charge is on the increased area of your flat as finalized on completion.
5. The cost of extra items that are being charged for are those items that have been made mandatory by the Government/ Authority for all Group Housing Projects in the area. Hence, the additional charges for extra items have been claimed. Details of the charges can be discussed if your representative/ you visit our office.
6. Pursuant to Orders of the Punjab & Haryana High Court the authorities concerned have started making assessment of the Haryana VAT as per the principles laid down by the Hon’ble Court. These assessment orders are subject to further appeals and revisions hence not final yet. As such as an interim measure we have worked out the charge mentioned to you which will be utilized to appropriate towards the liability of cost of VAT.

7. Please note that Clause 4 of the Flat Buyer’s Agreement deals with the possession of the flat and compensation for delayed possession. Clause 4.2 is a part of clause 4 and the same shall be read in consonance with other sub-clauses under Clause 4 and not in isolation. A comprehensive reading of the clause 4 makes it crystal clear that any entitlement of the flat buyer is subject to not only timely payment of installments by the flat buyer but also clause 16 of the said Agreement which deals with force majeure circumstances. Hence, the compensation shall be calculated accordingly. We further clarify that for the reasons cited above the same is not reflected in the Statement of Account.
8. Please specify the case of Supreme Court you are referring to. However, if you are referring to the case pertaining to Mumbai we would like to clarify the same is not applicable to Haryana. In any case in our case the car park area is not part of common area.
9. The Indemnity –cum- Undertaking format has been sent so that you can make and keep all documents ready and only after receiving the flat to your satisfaction sign and hand over the document to us.
We hope all your queries stand clarified. In any case we request you to visit the site and see your flat for yourself and our Marketing staff at Site will be happy to show it to you. In case you have any further queries please visit our Marketing Office in Delhi on any working day ie. Monday to Friday between 11am to 4pm.
Thanking you and assuring you of our best services.
Your truly
For KLJ Developers Private Limited
Authorized Signatory

[thakur.karan]

Dear All, posting a fresh incident on behalf of Mr. Pawan Gulati (9837705565)
Below is the email sent by Mr. Pawan Gulati to KLJ
====================================================================================

From: pawan gulati <pawan.kr.gulati@gmail.com>
Date: Fri, May 5, 2017 at 6:29 PM
Subject: Re: name deletion in favour of siddharth gulati and offer of possetion for customer id - fbd77-0867 siddharth gulati klj greens faridabad
To: SALES <sales@kljdevelopers.com>, rocdelhi@kljdevelopers.com, jatin@kljdevelopers.com, sunilandley@kljindia.com


kind attention to shri sunil andleyji
Dear sir
First of all thank you very much for sending offer of possession. With reference to our two personal meetings with andleyji along with singhviji at your site office and at my residence bptp resorts and several telephone conversations and my emails since nov16 regarding possession of my above flat. You offered the possession to other consumers on nov16 even before receiving the oc . on inquiring for this, you told that you will offer me the possession personally and will not charge any extra amount . .

Suddenly i received the offer of possession on 26-7-17 evening with excessive demand.

Personally at the time of booking on april 2012, your site staff and property dealer verbally confirmed that since booking of project started on 2006 and now it is on finishing stage and will be handed over within one year i.e 2013.

Again you have given and signatured buyers agreement very late because it was in printing process as told by your staff but when received, found different than said .
Likewise the flat was booked under special scheme offered with 5 nos airconditioners , Almira's and modular kitchen . For this i received the extra agreement very late after too many personal requests and visits but with only 3 airconditioners and modular kitchen.

Further, before booking the flat your representative also confirmed a huge green area at back side of the flat and gave a booklet confirming the same. But now there is no park or green area as such.

please clarify the following as per your demand letter.
area increase - a)- please supply the documentary proof of increased area of when and where it was increased.
b)- as per drawings and maps 2011 ,2012,and 2013 and physical inspection / visit of flat and your literature at the time of booking till date there is no change in size of tower and flat, carpet and covered area.
further more you demanded approximate 4% increase of super area in 2015 and now in 2017 you are demanding in the same pocket with increase of more than 9% increase of super area .so please explain the logic for difference in same pocket .

Edc/eedc/idc- you have already taken from me rs 770760/- @ 360 per sft on super area 2141 sft dt aug 2012. now you are further demanding rs 71280/- on arbitrary increased area . please clarify the following -
a)- You have given credit note of rs 65 per sft to most of the customers not to me .
b-Eedc is stayed by high court and not deposited by you as per your oc 2016 point no 22.
c- As per actual calculation on basis of F.A.R it is rs 251530.60/- for edc and idc. so you have already taken rs 519730/- extra since 2012 and demanding on increased super area also which is illogical , illegal and economic offence .please give me G.o/ notification that you can demand the same. You are requested to adjust excess amount rs 519730/- along with 18% compounded interest in final amount. Whenever there will be any demand in future from government we are ready to pay and also to give undertaking for the amount .

Car parking - as per supreme court judgment and rti of dgtp chandigarh you can not charge for the open parking.

Cost of other items - a) -Please confirm that in which s.no of builder buyer agreement it is written.
b)- Please supply details of items , costing and charging procedure /method.
c)- Please also explain that what is the reason and logic to charge three different rates to different buyers in the same type of flats.

Delay compensation- please issue a credit note minimum @ 12% as per ncdrc and supreme court judgments from the date of booking ,less 36 months.

maintenance invoice - when ifms amount rs 50 per sft has to be paid than what is the logic to demand one year advance . please confirm that you are not going to charge anything extra except this if you intend to charge something more other than this then please confirm how much and let me know i.e common area , club etc .. The charges you are demanding through your maintenance agency are very very high and forcing arbitrary on buyers without logic and proof of costing.
annexure c- list of documents required for possession.
a- Maintenance agreement - please clear the above points regarding maintenance.and confirm whether it is agreed by klj greens rwa .

b- Indemnity cum undertaking as per annexure b

1-point no 2) - in annexure c you are demanding the undertaking before possession. you are forcing to give undertaking that i have taken the vacant physical possession of the flat. its contradicts your both annexure b and c that i am completely satisfied in respect of condition, documents,status, size,super area,measurement, dimensions, specification, service provided.
further i/we have no claims / demands any nature any time. how you can compel in advance, not to raise any voice if anything unjust done by you. its shows your malvolent intentions . if customers buys any product like a.c ,refrigerator, tv , washing machines etc for approx rs 20000/- the manufacturer gives undertaking in the form of warranty card up to 10 years but here you are demanding undertaking in advance from buyers of everything that all is perfect and satisfactory. instead of giving undertaking for quality of flat, and construction / manufacturing defects, water leakages ,fitting etc for the flat value demanded more than 70 lakhs.by you.
point no 7-you are forcing the undertaking in advance with your terms but it is very contradictory that undertaking i am giving, with my own free will without influence .

Vat - i am ready to give undertaking not any fdr.

A.C.and modular kitchen - kindly give the details of a.c brand with model, modular kitchen with details with sample and value of each.

i am ready to pay genuine amount.

you are forcing me to go through this turmoil by not giving the flat which i owe.

Thanks


On Fri, Apr 28, 2017 at 11:46 AM, pawan gulati <pawan.kr.gulati@gmail.com> wrote:
today i.e. 27-4-17

On Fri, Apr 28, 2017 at 11:44 AM, pawan gulati <pawan.kr.gulati@gmail.com> wrote:
dear sir
with reference of mr jatin sood visit along with mr vashistha on 26-4-17 at my residence at bptp resorts faridabad. mr sood told that offer of possession letter sent on 25-4-2017. offer of possession received 0n 27-4-2017 evening but sorry to say that date on your letter was 20-4-17 instead of 25-4-2017, please rectify it.
as per talk with mr sood on phone today i invite your attention that offer of possession letter is sent in the name of siddharth gulati as first allotte and pawan kumar gulati as second allotte whereas already all original papers of above are lying with you for name deletion of pawan kumar gulati with completing all formalities on assurance of mr rajesh kumar singh sales manager since more than than one year and four months . mr jatin sood also confirmed several times that name deletion has been done. so kindly return my original papers along with offer of possession only in name of siddharth gulati for which mr jatin sood agreed to do the same immediately
please also note keep original letters of my flat with you as most the time i am out of station . you are requested to send me all information on email and original documents give me personally by hand.
thank you

[harsh040107]

Dear Allottess,

It is to inform you that those Flat allottess who have not settled with KLJ they can join case in NCDRC (National Consumer Court) against said builder (Refer case no. CC/1412/2017). The information will be published in newspapers (Times of India & Nav Bharat Times) in upcoming days.

For detailed information kindly visit following link:
http://cms.nic.in/ncdrcusersWeb/login.d ... caseStatus

You may also contact following persons :

Surendra Kr. Verma - 9911157709
Rajesh Dubey - 9911916821
Chandra Prakash Kotnala - 9582760887

[harsh040107]

Dear Allottess,

It is to inform you that those Flat allottess who have not settled with KLJ they can join case in NCDRC (National Consumer Court) against said builder (Refer case no. CC/1412/2017). The information have been published in newspapers (Times of India & Nav Bharat Times) on 1st Jan. 2018.

For detailed information kindly visit following link:

http://epaper.navbharattimes.com/paper/ ... -1001.html

Kindly go through the details & interested flat buyers can join hands in this battle.

You may also contact following persons :

Surendra Kr. Verma - 9911157709
Rajesh Dubey - 9911916821
Chandra Prakash Kotnala - 9582760887

[harsh040107]

Information for KLJ Green (Sector -77) Residents who want refund from Developer!!!!!!

[b]Last Date for filing application in court is 3rd may 2018[/b]

Dear Allot tees,

It is to inform you that those Flat allottees who have not settled with KLJ they can join case in NCDRC (National Consumer Court) against said builder (Refer case no. CC/1354/2017) for refund. The information need to be published in newspapers (Punjab Kesari & Hindustan Times) in coming days.

Please see attachment for detailed information.....

Those who are interested may contact below:

Ashish Jain - 9312212872

Dr. Devender - 9810624513

Surendra Kr. Verma - 9911157709