DELAY IN POSSESSION

[sdash]

Hi

Has any of the community members discussed with RPS regarding the late possession of the flats?Accroding to the buyer's aggrement RPS is obliged to pay a penality of 5 Rs /Psqft each month.I had recently visited the site & according to site personnel RPS will start giving possession of the 2 BHK flats by Jan 2011.Jayanta, your opinion on this matter please.

Thanks & Regards
Sanjeeb Dash
Purple Hazle 5,Unit 201

[parulmak]

Hi,

I recently had a word in RPS regarding the same, as per them they are trying there best to start giving the possesion december onwards. And the penality clause is not in there discussed list as stated by one executive that they have not done any meeting for that right now. And Mr. jain said that as per the clause they are liable to give the penality that will be given at the time of possesion collectively not monthly but from which month it has not been stated. If you read the agreement they have very cleverly written that builder has to give the possesion within 36 months of the start of buyers agreement date.

So I don't think RPS will pay to anyone. To me they have told that from October penality will be given but when asked now nobody wants to answer.

Regards

[sdash]

I believe that most of us signed the Buyer's agreement in 2006 & accordingly we should get what is our rightful due.

[webmaster]

Here are some of the emails I could dig up from our earlier email communication among members.

From: members-bounces@rps-savana.co.in [mailto:members-bounces@rps-savana.co.in] On Behalf Of agarwal sanjeev
Sent: Thursday, April 29, 2010 10:22 AM
To: anuj_bansal1; gauravjain.svits
Cc: members@rps-savana.co.in
Subject: Re: (Savana Forum) Seek advice - Possession delay in RPS-SAVANA


Hi Gaurav,

I have a answer to your queries:

Query No.1: where in the buyer's agreement is reference to date of approval of map which is Oct-2007?

Query No.2:what is the reason of getting the approval in Oct-2007 and not before that?

Answer to Query no. 1: There is no reference in Buyer agreement with regard to approval of map however agreement refers to possession of house which will be given within a period of 36 months from the date of execution of buyer’s agreement.

I recall the discussion with RPS during March 2006 and we used to ask when the Construction will start at project site? They had a reply that the process of approval of construction plan is under way which will be completed soon. Note that during the year 2006, it was believed that Naharpar will be one of the best investment and developer were selling the property in whatever rate they wished. Any delay in taking decision to book a house was costing to buyer a huge amount. Prices were rocketing. RPS savanna was one of the best development (85:15 green field:concrete - hoax?)among other developments in the vicinity. As just after booking the flat everybody was making money out of their investment in secondary market. Exponential rise!!!! No body was interested to read the lawyers language in the agreement and ask such lethargic technical question? MAKE MONEY WAS MOTTO. Well long story in short -

RPS was committed to start the construction soon after approval of construction plan from HUDA which they got it in OCT 2006 and they were so honest and excited they informed to all investor on the same day and given smile to many faces. I think it was a great success for the owners of RPS.

Answer to Query no. 2: There is set procedure for approval of construction plan in government institution (HUDA) and according to that the construction can not start unless the plan is not approved. What RPS or other builder does is that they launch the project based on submission of some document to HUDA such as architectural plan (Dream selling)or other sketches plan, elevation, few section etc and start selling the property stating that submission to govt has been completed and approval is expected soon. Buyers of house do not understand the intricacies of approval and what they see is model (Kept at reception at Savanna Project), name, plan, green field, SWIMMING POOL, CLUB (now outside the premises of Savanna) and most effective is the sample house.

Why the approval in delay is due to following reason:

1. The developer has to submit the details of Floor area ratio (FAR) to authority, spacing between towers, open space etc (must be knowing abut all such nonsense talk).
2. The important one - The developer has to estimate the demand of water supply, electricity, sewerage due to the development of plot (depends on FAR and no. of house) and access whether the infrastructure supports to the plot planned under development or not.
3. The game begins here: It is a very lengthy submission from developer for approval of building plans and you know HUDA?

However RPS completed that process and got the map approval and construction began. When it will finish is a big ?????????

About infrastructure, you must be knowing that it will not be completed until 2013.

I have no answer to ANUJ QUERY.

Rest assured that we are heavily pissed of investing in NAHARPAR.
ALL WAS WELL IF PROPERTY MARKET WAS RESPONDING WELL.

sanjeev agarwal

On Wed, 28 Apr 2010 23:27:23 +0530 wrote

I had sent a mail to RPS earlier for delaying construction and this was the response to it "As regards offer of possession, we may reassure that it would be within a period of 36 months from the date of execution of buyer’s agreement, subject to certain terms and exclusion.As per clause 14 of the agreement, delay in construction attributable on the part of developer is subject to compensation at specified rates."

Anuj

From: Nitin Nayyar
To: Gaurav Jain
Cc: members@rps-savana.co.in
Sent: Tue, April 27, 2010 12:02:09 PM
Subject: Re: (Savana Forum) Seek advice - Possession delay in RPS-SAVANA


Well this is certainly an ambiguous reply. So RPS wants to say that if someone has bought an apartment in Savana as late as in 2010 and say for some reason he is not handed over possession by Oct 2010 (which in any case is not going to happen for all towers) then he is also eligible for Penalty clause since as per them possession is to be given after 36 months of date of approval of map(oct-2007) and not from the date of execution of agreement?


Nitin

On Tue, Apr 27, 2010 at 10:57 AM, Gaurav Jain wrote:

HI ,

Has anyone tried to get details of the delayed possession of RPS-SAVANA. I executed buyers agreement in Nov-2006 and as per the agreement the possession is to be handed over within 36 months from the date of execution of the agreement.

Now when i talked to RPS on phone they told me the possession is to be given after 36 months of date of approval of map(oct-2007). My question is where in the buyer's agreement such a thing is written. I have read the entire agreement but there is no reference to date of approval of map. If some body has read the agreement please give the clause number if any. And what is the reason of getting the approval in oct-2007 and not before that.

What if RPS itself applied late for getting the approval. Is the dates of application for approval of map is available with some body.And how much time govt authorities normally take to approve such maps. If there was a delay in case of RPS-SAVANA who is responsible for the delay (RPS or Govt. Authorities ) ?. If it is due to RPS then the penalty clause must be applicable for such a delay. Your advice is needed please.


Gaurav Jain