Legal Action Update against increase in EDC charges

[dheerajjain]

Subsequent to the unanimous decision taken by the members of GFWA for filing a writ petition against increased EDC during the meeting of the members of GFWA on 19.06.2011 at Town Park, Faridabad, our Legal Team visited Chandigarh on Sunday after consultation of Delhi based layers and met couple of senior lawyers at Chandigarh for filing the writ petition in High Court. Team has finally shortlisted one lawyer and given him first set of documents to pursue writ petition.

We are currently gathering all required documents and hoping that first hearing of case for getting a stay may take place in 3rd week of July. While lawyer told us that our case is good, he has also clearly mentioned that united support from our association is required in winning a legal case against State Govt. The total expenditure will be around 1.5-2 lakh.

We further put it to the knowledge of the members of GFWA that while asking the court to grant stay on the notification of DTCP, we will make some other prayers in the petition like in case the stay is granted:

(1) the DTCP may be directed to give necessary directions to all colonizers not to raise demands for extra EDC or hold the demands already raised till final disposal of the petition
(2) If the stay is granted in that event possession of flats by Colonizer should not be hampered in any way
(3) HUDA be directed to fast track the development in Greater Faridabad.

Please assist us in documents collection process and let us all hope & pray to get stay

[anujgarg]

Please add following Points in petition as well:


1. DTCP should be asked to disclose actual amount obtained from Omaxe and other builders and should explain the cost of development fund in court of law. Further they should clarify what additional amount is required in future and when do they plan to complete the same.

2. Omaxe, BPTP should be a party to this petition as they have collected funds for overall development of society and they have not disclosed basis for EDC, IDC charges on per square feet basis

[anujft]

Dear Dheeraj,

Can anything be added against one sided Buyers agreement?

This is the only " mutual agreement" against which builders are playing as every thing is written in their favour and we are bound to sign it.

Regards,

[hanitahuja]

Hi All,

Lets not drift our focus on other issues. This case is being filed for Increased EDC/IDC.

Moreover Builder Buyer agreement format is absolutely on sided all across India. We can do nothing about it moreover We have already signed it after reading the agreement.

And We should not talk about individual or any specific builder in court.This EDC/IDC issue has got nothing to do with builders. Its Investors versus HUDA/DTCP.

So lets try to get a stay on the increased EDC/IDC and finally win this case.

All the very best and a huge thanks to core members who are working hard on all legel issues.

Cheers !

[s1joshi]

@Anuj Garg: In reference to the statement "DTCP should be asked to disclose actual amount obtained from Omaxe and other builders" .. I would suggest please also explore the option of RTI channel, We have been able to retrieve details of EDC payments of few colonizers using RTI. Should you require assistance, the draft RTI's are available in the RTI section.

@Anujft : The current case is specific to additional EDC charge without doing any development and is against the state government.
We all agree that all builders are doing fraudulent activities and need to be checked, It can be an independent case against DTP for allowing all this right under their nose. However lets not mix too many issues in the same case.

[dheerajjain]

I missed what documents we require in my previous post. Here are documents we require:

1. Scanned copy of your builder licence.
2. Proof of EDC payment to builder
3. First page of your buyers' agreement and page specifying that if EDC is increased, then you have to pay increased EDC

We don't require multiple documents per builder. One set of above documents per builder operating in Greater Faridabad will meet our need.

Thanks !

[sendtomanish]

If members hesitate to publish docs on forum,they can mail the attachment on core@myfaridabad.in .Please note it will be just for collective documentary evidence by lawyer and individual members will not be party or need to appear in court.

[dheerajjain]

You can also please send these docs by e-mail to me at dheeraj.jain@myfaridabad.in . I am part of GFWA legal Team

[shashi1234]

Hi All,

I just come across an interesting blog on indiaspaces.com regarding revised edc etc. Thoughts of sharing with all of you.

Regards
Shashi

[dheerajjain]

Just to state the facts, Indiaspaces.com is a website managed by property dealer and gives views that are beneficial to builders and himself. As already stated in previous posts, in writ petition that we will be filing, we will be praying to the honorable High Court that HUDA should fast track the development.

Objectives of writ petition are 2 fold:

1. Rollback increase in EDC rates
2. Instruct HUDA to fast track development

[dheerajjain]

We have not received a single document from forum members that I had requested. To repeat, we require one set of following documents urgently per builder operating in Greater Faridabad:

1. Scanned copy of builder licence.
2. Scanned proof of EDC payment to builder
3. First page of buyers' agreement and page specifying that if EDC is increased, then increased EDC has to be paid.

Requesting not to look for other forum members to send these documents, take initiative yourself and send these documents to core@myfaridabad.in

[dheerajjain]

Here is the current status of documents status across projects in Greater Faridabad.

Please send us ASAP 1 set of documents per builder to make our legal case stronger. Documents can be sent to core@myfaridabad.in , dheeraj.jain@myfaridabad.in or can be posted on forum also.

[s1joshi]

Hello Friends

In case you do not have a copy of builder license, You can request your builder to provide the same. As par latest notification from DTCP all builders are required to mention the license number in their advertisements and provide license and any approval if requested by the buyer.

It is a collective effort, Please do the needful asap.

[dheerajjain]

Hello Forum Members,

It is very unfortunate that we have received little support in collection of documents for filing writ petition against State Govt. of Haryana.

I fail to understand why we middle class only write provocative or fearful statements sitting from Air conditioned offices and when there is need for something like coming for protests, filing legal cases, following up with Govt., collection of documents etc. we don't come out to help?

Farmers inspite of being illeterate had guts to go to Allahabad High Court, hire a lawyer and file a writ petition against State Govt. of UP when their rights were violated. God helped them and they won case. But, what about us? We are educated people working in top MNC companies in NCR and yet, we don't use our education to protect our rights.

We have to make our legal case strong so that we don't loose. Kindly submit your documents.

E-mail: dheeraj.jain@myfaridabad.in
GFWA Core Group: core@myfaridabad.in

"God helps those who help themselves"

Regards
Dheeraj

[sharmafamily]

The copy of demand letter on hiked EDC issued by Omaxe has already been forwarded by mail to Vinita yesterday.

HT (Delhi edition) has published a article today i.e. 09 Jul 11, that farmers of Greater Faridabad have also intensified their demand for return of land acquired by Haryana Govt.in Neharpar area.. It says....." We want our land back. We too are planning to move Supreme Court. Our representative will take the cause at the kisan panchayat at Jind on Saturday". News article further added that top officers in Faridabad stepped up negotiations with farmers on CM's directions. Can someone comment on the article. The dream of having own flat/house is becoming difficult day by day.

Sudesh Kumar Sharma