Reminder from BPTP to deposit EDC

[avnish]

Dear Members,

Today I received a reminder letter from BPTP to deposit outstanding amount (which I believe must be EDC) against my flat # L-601in Princess Park. Interestingly M/S BPTP have not used the word "EDC" any where in the letter (please see the attachment). They have not provided any particulars/calculation also for this outstanding amount. The clause # 5 in the attached letter is beyond my comprehension.

I need advice from the members of this forum, specially lawyers and CAs, about my next course of action.

thanks and regards,

Avnish

[BlessU]

Hi
Greetings

"Neither the forbearance, failure nor any delay by us in exercising any right, power, or previllege under the terms of agreement and/or communications or reminders to you will operate as a waiver of such right, privilege or power, and no single or partial exercise of any such right, privilege or power will preclude any other or further exercise of right, power or previlege or the exercise of any other right, power or privilege to us contractually or under law. No such waiver will be deemed, or constitute, a continuing waiver unless otherwise expressly so provided." !!!!!

Above point no 5 means that if you do not pay,, your agreement gives a right to BPTP to cancel and nullify any right that you may have on the Flat.. If they have not used this right before does not mean that they have no right to use it now, in full or part or as per agreement and law..

They are reiterating that they have the right to cancel your allotment, and may adjust any such outstanding payments by selling your unit as described in your agreement and adjust all the overdue payments, interest and any other costs etc..

This is what I can make out of it, still would advice to consultant with a legal Councillor.


Cheers

[gopalvijay]

I have come to know that the builders have started to play dirty games now. If you do not pay any of your outstanding amount for a period of time ( although you are ready to pay the interest on the same ) then the builders are cancelling the units and selling the same in the market at higher prices. Any delay on our part is deadly whereas so much of delay on the part of builders is not an issue to them. Such experiences should be shared in the forum and put to the notice of DTCP.

[BlessU]

Hi
Greetings

next step likely by BPTP will be LEGAL NOTICE to all Princess Park outstanding clients mentioning payment in weeks time or face cancellation..

Cheers

[dheerajjain]

Hello Avnish, BPTP has composed a 'clever' letter and avoided use of word EDC. Please tell us whether this amount of Rs 3,07,855.89 is only EDC charges or it contains some other charges too.

Regards
Dheeraj Jain
GFWA WC Member

[avnish]

Hello Dheeraj ji,

Amount of Rs 3,07,855.89 is only EDC amount inclusive of Rs.30,000 interest charges, as per the original letter I received about 5 months back.

regards,

Avnish Goel

[dheerajjain]

Hello Avinsh, what you can do is to deposit the enhanced EDC amount according to right calculations of enhanced EDC amount. Please take into consideration also recent order of DGTCP which decreases amount by almost Rs 40 per sq ft for Group Housing Projects. Attach a signed covering letter with your payment explaining your payment.Find attached signed copy of of DGTCP order and instructions issued to BPTP (a.k.a. Countrywide Promoters) for refund.

Also, please be a part of GFWA Team visiting to Chandigarh and bring this threatening letter to the notice of Mr. T.C.Gupta, Director General, Town and Country Planning. You can also mail this letter by registered post to:

Director General,
Town and Country Planning (Haryana)
Madhya Marg, Sector 18, Chandigarh - 160018

[dheerajjain]

Please find attached letter template prepared by GFWA Working Committee that should be sent to BPTP for issuance of fresh demand of enhanced EDC. Also previous documents attached with previous post.

[shilpi21]

Dear Mr Dheeraj Jain,
Can you please send me the notice sent by DTCP to Countrywide Promoters in respect to the GH project Resorts (Licence no. 1214-1223 of 2006 ) as I have also received similar letter from BPTP

Navneet
GFWA member

[dheerajjain]

There have been requests from members of many societies to post letters. GFWA had posted all letters that were in their possession. Members can visit Senior Town Planner (STP) (Ms. Geeta Prakash) office at Faridabad or visit Director General, Town and Country Planning, Chandigarh (Mr. T.C.Gupta) for getting signed letters for their respective societies.

[avnish]

I talked to the Senior Executive - Customer Care BPTP on 08.05.2012 about enhanced EDC issue and they feigned ignorance about the notification on revised External Development Charges (EDC) issued by the Government of Haryana and told me very bluntly that they have not aware of any notification. I took-up this matter with Town and County Planning authorities. They acted immediately and BPTP was forced to send me following email, admitting EEDC calculations have been changed in the entire Faridabad due to new court ruling on 05.03.2012. This clearly indicates that M/S BPTP was aware about the court ruling on EDC and still sending threating reminders to extort money from flat owners. Can we initiate a "Contempt of Court" proceeding aganist "arrogant" BPTP for flouting the court ruling made on 05.03.2012?

Email from M/s BPTP -

-------------------------------------------------------------------------------------------------------------------------------------
Dear Mr. Goel,

Greetings of the day!

Kindly ignore the previous mail.

With reference to your below mail. We would like to update you that the EEDC calculations have been changed towards the same in the entire Faridabad due to new court ruling on 05.03.2012. The calculations of Enhanced EDC has been revised accordingly in the said project also. We are still working towards the calculations. We shall keep you posted with the updates accordingly.

Thank you for writing in to us.

Should you require any assistance please feel free to call at +91-124-385 (2787) or write in to us at customercare@bptp.com

Thanks & Regards

Jyotsna Mukherjee
Customer Care
Office Phone: +91-124-3852787

BPTP Limited | BPTP Crest | Plot # 15, Udyog Vihar-IV | Gurgaon 15 | India

[anubhavsahni]

Hi Avnish,
It's a big achievement to get this letter from BPTP, must congratulate you. Just goes on to show that the right approach can put adequate pressure on big players too.
Cheers,

[bipana]

Hi Avnish,

We have already paid the EDC amount requested on Jan 2012. Could you please guide me that what should we do now. Because it may possible that we have paid more money to BPTP than is actually required as per the new law.
Please guide.

Thanks,
Anamika Chowdhury

[s1joshi]

Excellent Avanish

It again proves that we are not as helpless as builders tries to make us feel..

[drajitpratap]

Dear Mr Avnish,
Can you please inform me about the court ruling of 5/03/12 about EDC.
Thanks,
Ajit