Possession Offer - Next steps

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Aviral Mehta

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Aug 14, 2014, 2:56:56 AM8/14/14
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Hi Everyone,

Now that some of us have got the final letter with the increased size
and no or less penalty. I wanted to understand what are the
co-residents planning to do ?

As I understand that through the LB Buyer group we are planning to
look into the legal option. But what are the residents who have got
the letters planning to do :

1. Don't accept the letter and send out your rejection to LB and go
with the legal option. In this case we will not accept the Fit out
offer.

2. Accept the letter, pay the demand and get the work done in your
apartment. But in parallel also pursue the legal option and wait for
the decision.

I just see the above 2 options, that is we need to go with the legal
option. But how are we moving ahead with the demand letter ?

Thanks,

Surabhi Arora

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Aug 14, 2014, 3:05:33 AM8/14/14
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I asked 3C that if we do not accept this offer what is the scenario their reply is
-----------------------------------------------------------------------------------------------------------

Fit-Out Letter: We would like to clarify that this is the proposal to seek an offer from you for giving the apartment for fit outs and is an optional for the Allottee(s) to take it for fit out.

We further clarify that until the receipt of the Occupation/Part Occupation Certificate of the Apartment/ respective tower , there shall be no levy of interest/holding charges for not taking the fit outs. This offer for fit outs is on best efforts basis in order to safe guard Allottee(s) interest and further save the time for in carrying the fit outs post formal Offer of possession.

Further, we would like to inform you that Noida authority is unable to issue the occupancy certificate to any developer across Noida due to order of National Green Tribunal (NGT) regarding Okhla Bird Sanctuary. We, as one of the developer is still waiting for the Occupation certificate of phase II due to this factor.

Site visit or handing over of key for said apartment can be done after clearance of final payment and submission of requisite documents mentioned in Fit-out letter and if there is snags in the apartment same will rectify by concern team simultaneously.


Regards




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Anil Saggar

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Aug 14, 2014, 3:20:05 AM8/14/14
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I am also editing for valued inputs from legal literates

From: Aviral Mehta
Sent: ‎14-‎08-‎2014 12:26
To: 3c-lotus-...@googlegroups.com; lbbuyeras...@gmail.com
Subject: Possession Offer - Next steps

amars...@hotmail.com

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Aug 14, 2014, 3:33:55 AM8/14/14
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What of the following consequences happen if possession for fit out is taken :-

1. Does the maintenance starts by the developer ?

2. Do the penalty for delayed possession by developer stops ?


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Subject: Possession Offer - Next steps

Manoj Bhardwaj

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Aug 14, 2014, 4:00:58 AM8/14/14
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Its YES for both below question the day you accept the fit out offer from 3C , The maintenance will start & penalty would stop
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Sudheer Silotiya

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Aug 14, 2014, 4:31:14 AM8/14/14
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This is interesting... you cant move in as its an offer of fitout to speed up your possession process when 3C get the final clearance. 
But you start paying for the maintenance services which you will not be using and you also lose your delayed penalty....which you are anyways not getting due to force majeure..
everything in favor of 3C and all buyers are big DUMB fools... (atleast this is what 3C thinks now)


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Thanks,
 
Sudheer S

Anil Saggar

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Aug 14, 2014, 4:53:00 AM8/14/14
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Moreover you are also agreeing and accepting the increased super area without fuss.

Aadaab arz hai 3C

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Thanks,

 

Sudheer S

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amars...@hotmail.com

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Aug 14, 2014, 5:50:19 AM8/14/14
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I would suggest that you should write to 3c and get a written clarification on both the points. Let us not conclude on our own.

No maintenance can be charged without the OC in place and no possession can be legally given without OC. Hence, possession for fitout should with be rejected or accepted conditionally with riders on above two points.
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From: Manoj Bhardwaj <m.k.bh...@gmail.com>
Date: Thu, 14 Aug 2014 01:00:57 -0700
Subject: Re: Possession Offer - Next steps
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Manoj Bhardwaj

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Aug 14, 2014, 6:15:49 AM8/14/14
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Hi Sundram
 
We are concluding it own our own ; please see the MoM of 5th July(small clipping below)  meeting & see the response of 3C against Point 2 there
 
e. After settlement of accounts keys will be handed over and buyers will be allowed to move in. Penalty will stop after this and buyer will have to start paing the maintenace charges
Those who do take provisional possession their penalty will continue till final possession offer
3C-Naveen
 
Regards
Manoj
 

amars...@hotmail.com

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Aug 14, 2014, 6:54:07 AM8/14/14
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As I said no maintenance can be levied without OC. Check my earlier mail attaching the copy of letter from STP, faridabad - law remains the same.

I still suggest, you write a mail to 3c to get confirmation on the two points.
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From: Manoj Bhardwaj <m.k.bh...@gmail.com>
Date: Thu, 14 Aug 2014 03:15:49 -0700
Subject: Re: Possession Offer - Next steps

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Anil Saggar

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Aug 14, 2014, 7:16:44 AM8/14/14
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Sir,

 

Very simple

If u have taken the possession, let it be for fitouts or whatsoever that means nowonwards, you own the responsibility of flat. Hence penalty if any shall stop be default and Maintenance shall be borne by you.

I do not think that here is any ambiguity.

 

 

From: 3c-lotus-...@googlegroups.com [mailto:3c-lotus-...@googlegroups.com] On Behalf Of Manoj Bhardwaj
Sent: Thursday, August 14, 2014 3:46 PM
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Subject: Re: Possession Offer - Next steps

 

Hi Sundram

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Ramakant Sadangi

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Aug 14, 2014, 4:23:06 PM8/14/14
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Hi Surabhi,

 

Just for your information, its not the case for developer all across Noida din not get OC . My brother got Invitation For Griha Pravesh(for 22nd   August 2014), Mahagun Moderne Sector-78 Noida, though he booked the unit after me(Aug2010) . There is no increase or decrease of super/built up area. Delayed payment is very clear and no hidden clause likes FM & etc. May be it’s my unfortunate to struggle with hassles...

 

Regds,

Ram.
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Renu R

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Aug 14, 2014, 11:56:09 PM8/14/14
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Any idea by when ngt issue is expected to get resolved. I have not seen any update on this in the last few weeks. It looks now that we will have to wait till next deepawali to get possession with oc and due the things done by 3c. Customer care was saying that around 20 people have taken possession for fit outs so far.

Regards
renu

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