Response from Piyush Group for enhanced EDC revision/refund

[pramodraina]

Waiting for the repsonse from DTCP. Pramod, did you send speed post to Director?

I send it to :-
Shri T.C.Gupta,
Director General,
Town and Country Planning, (Haryana)
Sector 18, Madhya Marg,
Chandigarh - 160018

[pramodraina]

@Dheeraj:-
I sent it to
Shri T.C.Gupta,
Director General,
Town and Country Planning, (Haryana)
Sector 18, Madhya Marg,
Chandigarh - 160018

[dheerajjain]

Thanks, Pramond and Hemant !

We can only hope for the best. In BlessU words, "The Struggle Continues" . When we went to Chandigarh, I also submitted letter by hand and got receiving from DGTCP office. Currently, DGTCP has turned blind eye to loot being done openly by colonizers. Same is the story with our Prime Minister who is allowing corrupt ministers to loot the country.

[avnish]

This is with reference to above discussion on sending emails/letters to government officials. This simply does not work. The government machinery seems to be hand in glove with the builders. Based on my complaint against BPTP, Directorate of Town & Country Planning, Enforcement and Vigilance, Faridabad summoned BPTP to appear before him on 16.05.2012 and explain their position. BPTP got embolden after meeting DTP Faridabad and sent me an email on 17.05.2012 to deposit the enhanced EDC amount originally demanded and visit their office to see the EDC calculations. DTP Faridabad did not bother to apprise me about his meeting with BPTP. I again wrote to DTP Faridabad to provide me some direction but there is no response.

Now I have two questions -

1. Is email an accepted means of communication in legal world?
2. Can I file a RTI to extract a reply from DTP Faridabad?

I am expecting some expert advice from the legal eagles who are member of this forum.

[dheerajjain]

Hi Avnish, though I am not a lawyer, I will try to answer your questions based on limited knowledge I have:

1. Yes, e-mail is an accepted means of communication in legal terms. India has enacted Cyber Law way back in 2000 which recognizes electronic mail as a legal evidence provided it meets certain conditions

2. Yes, you can file a RTI to get information about your complaint.

[dheerajjain]

Our calculations of Rs 228/sq ft for EDC is very close to actual demand from Govt. Let me show what was the Original, Enhanced EDC and total EDC demand by using letter of 10-Apr-11 shared in current thread at resources/file/1172

On right hand side table on page 1, there are 3 pieces of information which provide us details.

1. Total Area: In this case it is 17.406 acres
2. LOI rates: These are original rates of EDC. In this case, it is 104.44 lakhs per acre
3. ENH rates: These are enhanced rates of EDC. In this case, it is 87.99 lakhs per acre

So, Original EDC demand from Piyush Buildwell: (Area * LOI rates) = 17.406 * 104.44 = 18.1788264 crores
Enhanced EDC demand from Piyush Buildwell: (Area * ENH rates) = 17.406 * 87.99 = 15.3155394 crores (this matches with amount mentioned in letter)

Total EDC demand from Piyush Buildwell = Original +Enhanced = 33.4943658 crores
Total saleable sq ft area = 1457112 sq ft
Total EDC demand per sq ft = Rs 229.86 per sq ft
Enhanced EDC demand per sq ft = Rs 105.10

Whereas builder is demanding Rs 140 /sq ft for enhanced EDC which is 33% extra enhanced EDC charged by Piyush Group. This exposes cheating and loot by builder in name of EDC

[SPS72]

The company is delaying possession step by step and there is only one clause in the agreement to compensate the buyers is to pay the penalty of Rs 5.00 per sqf at the time of possession. But unfortunately the buyers are paying much more rents for this enhanced period. how the company is going to compensate it to be clarified and why the company is not gathering all resources to provide possession at earliest. While enquiring in HUDA office it could be known that the company did not deposit the money of EDC & IDC to HUDA in time on which account the development is delayed and in result possession too. We are getting the confirmation in writing from HUDA in this connection and approach for legal action against company. All of We must come all together in this act.

[arundeep2005]

This is the letter I received from Piyush Group regarding EDC Revision a few days back.

[dheerajjain]

Piyush Group is quoting DGTCP / Accts / 2012/ 1286 dated 10.04.12 for this minor adjustment.But, as I had shown in previous post in this thread, refund comes out to be Rs 35/sq ft on enhanced EDC making it Rs 105/sq ft.

[meenakshi]

Hi Dheeraj,

I also recieved above posted letter. As you said still this revision is not correct .According to letteer its now Rs 126 /sq ft but it should be 105/sq ft .Right? So still we have to wait and not to pay EDC??

Thanks
Meenakshi Kanwar

[dheerajjain]

Hi Meenakshi

Yes, you are right. I have paid enhanced EDC to builder according to right calculations. Payment is also accepted by builder. Decision to pay or not is purely yours. But, I can only advise that you can pay enhanced EDC according to right calculations.

Dheeraj

[SKD]

Hello Dheeraj,

(I have investment in Heritage Cottages Sector -89)

In spite of couple of reminders (Emails/Calls etc.) builder did not share the EDC Calculation details, However he has sent another letter stating the same thing Enhanced ECD @ Rs. 142/- Per sq. ft. x 1500 sq.ft.

I see that you have mention in the above post that you seem to have paid enhanced EDC to builder according to right calculations. Payment is also accepted by builder, I am curious to know how you reached to the right calculation.

Looks like initially Piyush Heights also requested for Rs. 140/- Per sq. ft., then how did you guys manage to reduce the amount to what would be considered as right calculation.

Thanks for any information in advance.

Regards,
Anil Sharma

[meenakshi]

Hi Dheeraj,

Thanks for information.
So you mean to say that we can pay it as according to 105 sq/ft .My home area is 1146(3 BH) , so It would be 105 * 1146.Correct? And how they agreed with this calcualtion 105 sq/ft when u paid it(as they sent letter according to 126 sq/ft).Do we have to show some legal prooff for this correct calculation of 105 sq/FT.If so, Please share.

Also , I want to know that they incurred interest(for late payment) also from you (as we all got letters last years ) OR this letter would we considered as fresh demand ? And interset will be calculated from now onwards??

Also my query is , what about that case that is going on about EDC. If we will win that case , then This whole EDC that we would pay will be reverted back?

Awaiting reply
Thanks/Regards
Meenakshi kanwar

[dheerajjain]

Hi Meenakshi

Due to circumstances, I am unable to make any comment on Piyush builder related issues. Requesting other members to comment.

Sorry,
Dheeraj

[dheerajjain]

Hello All

After Piyush Group sent a letter of reduction of Rs 14 for enhanced EDC, I paid all amount pending for enhanced EDC according to correct calculations and even paying the interest due @ rate of 15%. BUT, all turned out to be fake. I received 'receipts' for my payment and Piyush Group has charged as much as Rs 40,000/- extra 'interest' on me. Facts are in open:

1. No reduction of Rs 14 in enhanced EDC. It seems that letters are ONLY being sent to complete paperwork. It keeps builder and corrupt Govt. happy.

2. Piyush Group continues to arbitrarily charge enhanced EDC without sharing any calculations.

I was shocked on seeing letter of Piyush Group and felt helpless & sad. This clearly shows UPA Govt. of the day (even our Prime Minister) is in nexus with private corporates to loot money from honest tax paying middle class.

Dheeraj