Meeting with Shiv Sai - 8th August 2011

[alok.pusadkar]

Dear All,

This is Alok Pusadkar, I have flat in Ozone Par T1-11C, have paid 95% to the Builder and awaiting for possession to pay the balance 5% amount.

In the meanwhile i have seen the communication which has been uploaded by various people, I have received the same communication for EDC / IDC and "Force Majeure" clause.

A French term literally translated as "greater force", this clause is included in contracts to remove liability for natural and unavoidable catastrophes that interrupt the expected course of events and restrict participants from fulfilling obligations.
Since the time i have taken the flat which is since 2009 haven't experienced any of the natural calamities. So what is the reason of not agreeing to pay the Penalty. I am paying interest to the bank & paying rent as well against delayed possession of flat.

We need to take serious action against the builder to solve the same. Single person can not be heard but group of people will make a difference to the whole conduct.

My Mobile no. is 9871557765, I am staying in Faridabad to See the development closely, Near - Ozone Park.
Would request all to make an effort to make the builder pay the dues and give the possession as earliest possible.

Any way forward please let me know. ( alok.pus@gmail.com)

Thanks,
Alok Pusadkar
9871557765

[rky0111]

Dear Friends from Ozone,

I have gone through the National Building Code 2005 and Haryanan Lift Act 2008, which clearly mention if a building is more than 12 floor must have one servise lift suitable for patient strecher. However, builder is puting two lifts on 4feet x 4 feet which is clearcut voilation of subject act as the building plan was approved in Nov 2008 and at that time Lift Act was applicable, therefore, this is a serious voilation of act. In this connection, I filed a complaint to DTCP, Haryana on July 13, 2011 and subsequently following RTI was filed on August 5, 2011. Please go through the content.

******************************************************************************************************************
August 05, 2011
Mrs. Sunita Sethi
SPIO cum DTP (HQ)
Office of DGCP Haryana
Ayojana Bhavan, Madhya Marg
Sector-18, Chandigarh
Information Under RTI Act 2005

Dear Madam,

I booked a flat (T9 12B) in the Ozone Park Apartment, Sector-86, Faridabad being developed by M/s Shivsai Infrastructure Pvt. Ltd., Corporate Office: F-90/33, IInd Floor, Okhla Industrial Area, Phase-I, New Delhi. At the time of booking the builder given me documents showing the lifts size in the 15 storied towers being built by him as, 1900mm x 1900mm with an appropriate opening. This prompted me to book a flat at 12th Floor therefore I paid my hard money and shavings to the builder as and when demand raised.

I was shocked to find that the builder was putting both of the lifts of the size of 1200 mm x 1200 mm in Tower-11 of the project. Upon contact, I was informed by the builder that in Tower-8 and 9 sanctioned well sizes is 1900mmx 1900mm and lift size would be 1300 mm x 1100 mm with an opening of 800mm. This was not as per documents and also violates the National Building Code 2005 (NBC 2005), which were adopted by State of Haryana vide notification No. Leg. 29/2008 of August 08, 2008 in the Form of “The Haryana Lifts and Escalators Act 2008” and approval of building plan to the above project was given on November 28, 2008, therefore, following clauses of the NBC 2005 and IS 14665 (2000) were applicable to this project.

a) Part 8, Section 5 of NBC 2005 and as per IS 14665 (Part 2, section 1&2): 6.2.6 (NBC) & 7.2.6 (IS): Capacity: “The minimum size of car recommended for single purpose buildings is one suitable for a duty load of 884 kg. Generally, for large office buildings cars with capacities up to 2040 kg are recommended according to the requirements”.
b) Part 8, Section 5 of NBC 2005: 6.4.2.4: “For buildings with more than 12 floors, it is recommended to have provision of 1 stretcher/service lift in addition to the passenger lifts”.

You are requested to provide the following information as per RTI Act 2005.

1. What is the status of the complaint (attached) made by me to DTCP, Haryana on July 13, 2011?
2. Under what circumstances the project was approved on Nov. 2008 though the drawings of lift/lift wells dimensions were violating the Haryana Lifts and Escalators Act 2008?
3. Why tower 8 and 9 has got approved with entirely different drawing/representation for lift/lift well from rest of the towers?
4. This is serious matter of violation of NBC 2005 and Haryana Lift Act 2008 which is directly related to the human safety; therefore, what action you have taken against the builder?
5. As per the applicable Act and Code, what should be the size of lifts in the project?

Sincerely yours,
(Ravindra)

[rgoel24]

Well done, so did you get any reply on your RTI???

did you meet DTP MR Sanjiv Mann at his office at Sec12, Faridabad. If not, go and meet him

Regards
Rahul Goel
09873800618

[hillolchatterjee]

I do completely agree with Alok yet to receive any response from Shi Sai Management on the mail send to them after the last meeting .

Regs....Hillol

[15.rajat]

Hi

I have been getting multiple calls from various investors of Ozone Park regarding the decision taken by Shiv Sai on increased EDC. Here is what Shiv Sai has agreed on:

1. Investors will have to pay 50% of the increased EDC demand by August 2011. 15 days extension will be given over the deadline given in the demand letter.

2. Rest of the 50% payment will be given by Sept 2011. Investors have to give PDC (Post dated cheque) of the amount along with the first payment itself.

It is not possible for me to answer everyone personally. Hence, my request to everyone is to be active on this forum and keep checking the updates.
Also, my humble request to everyone will be to pay the minimum membership fee of Rs 500/- or more.
GFWA requires funds to carry out various activities and support from all members are required.

Thanks.

Rajat Bhatia

[15.rajat]

Hi

Just read the above interesting post by Alok and Ravindra. At this moment my suggestion will be to focus on possession of the apartment, external development of greater faridabad.
We can take up the subject of penalty with the builder once we have the possession and I am sure that by that time we, together, will be a better group in terms of strength and knowledge.

Thanks

Rajat

[rajesh3107]

Dear All Ozone & Shivsai Flat Buyers
I strongly agree with Rajat about prime focus on possession of the apartment first & on external development of greater faridabad later. If everybody of Ozone & Shiv Sai Park are ready we can submit enhanced EDC after 6 Sept 2011 (after High Court Decision). Mean while we can send a letter as drafted by GFWA about postponement of date for deposition of increased EDC. Even though builder may not agree, we should be ready to pay the interest in case required. It will cost around Rs 2000 for a month (for 1.6 Lac EDC). But it will put a pressure on builders that it is not very easy to put any condition on the buyers whatever they think. Please give your (Ozone & Shiv Sai Buyers) feedback as soon as possible.
Rajesh

[asiapole]

We should not pay the additional (increased) EDC as case is still open in court. Let court gives their final verdict first. Our focus should be towards obtaining possession.

[ghoshs]

Hi Rajat,

I too have been asked by Shiv Sai to pay 50% of enhanced EDC charges by the end of Aug and the balance 50% in Sept. Along with it is now the call notice for the next tranche of payment for Sai Park Appts. due to the completion of external plaster. A sudden burden of 3.5 lacs!

I intend to send the letter to Shiv Sai regarding postponement of payment of enhanced EDC till Sept 6 to Shiv Sai as suggested by Dheeraj.

Rgds,

Saibal Ghosh
Sai Park Appts.

[hillolchatterjee]

I do completely agree with Rajesh -ji and would look forward to know how are we going ahead as a collective decision is preferred . Based on which we can go and pay the amount as demand of Shiv Sai .

Regs... Hillol

[alok.pusadkar]

Hello everyone!

Good to see active participation of all flat owners, I live in Sec 82 in BPTP Grandeura Apt. Faridabad,

BPTP has also raised additional EDC/IDC to the flat owners, since they have possession of the flat and they have made a association of the existing members. They have got demand from 3 lacs to 5 lacs for additional EDC/IDC.

I have discussed with these people they are not paying the additional amount to BPTP and they are filing case in court against the same. Here they have advantage over us that they have got the possession of the flat.

In our case, we are at back foot because of not having possession of the flat.

I have got response from Shiv Sai that possession of flat will be given by this year end (2011) and no penalty will given to flat owners applying 'Force Majeure' clause and is forcing me to pay additional EDC/IDC. Although i have not received any letter of on the amount to be paid.

In response to above letter, I have drafted a letter explaining what 'Force Majeure' clause is and making Shiv Sai realize that it does not apply in Ozone Park and Shiv Sai needs to pay up the penalty to all flat owners.
Side by side i am consulting a good lawyer for the next steps in this case, also have registered in GFWA will seek there suggestion as well.

But being flat owner we need the possession of the flat ASAP, My Mo no. is 9871557765 or mail me alok.pus@gmail.com, would request in case of any suggestion please feel free to call so that all of us can be benefited with each others support and make the builder pay for the delay and get possession as early as possible.

Would request to make all efforts you can to get faster possession.

Alok A. Pusadkar
9871557765
T1-11C

[rajeshvirmani]

Hi All,

In addition to the point of EDC/IDC, penaly clause, would like to bring attention to the point of PLC of Rs. 80 psft for green area facing (1.2 - 1.4 lakh per flat), paid to builder, which I guess was mandatory for all flar owners. Does anyone visited site in recent past and can update if builder is provided such green area and other facilities like
- Extensive Landscaping
- Amphitheatre
- Jogging and walking Track
- Fountains and Water bodies
- Sitting Areas
- Tennis Court
- Basketball Court
- Dedicated kids Play area with Swings

thanks & regds
Rajesh Virmani
T6-5C
9910806732

[15.rajat]

Haven't seen anything you've mentioned in your list. Perhaps it will come up in due course.

Cheers

[coolguy26]

Hello Everyone,

I am in T2. Please tell me what is the High Court's decision about your case as I too have received demand for Enhanced EDC.

Thanks