AGC Realty Pvt. Ltd. has formally declared the change of its project plan for its project Homes 121

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sushil simoliya

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Jul 30, 2010, 5:53:17 AM7/30/10
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Dear All,
 
Please be informed that AGC Realty Pvt. Ltd. has formally declared the change of its project plan for its project Homes 121 as was anticipated in a lot of discussions on our google group homes121.  The new plan is now posted on the builder's website www.homes121.com .
 
The new plan has a new Tower W right at the entrance of the project instead of the club house which was shown in the earlier plan. The size of the swimming pool has also been reduced and the swimming pool in this new plan only looks like a kids pool.
 
I am willing and offering to issue a legal notice on all allottee's behalf to the builder. However, to issue the legal notice on your behalf i will need a letter of authority the draft for which is enclosed. Request all of you to please take a print of the draft and fill in yours name, address, the flat no. allotted to you and sign the letter of authority and post is to me at the following address:
 
Sushil Simoliya
Flat No. 62 (Top Floor), Sector 11, Pocket -3
Dwarka, New Delhi.
Ph: 9810559552
 
Request you to send in your letters as early as possible for enabling a quick and timely action.
 
Additionally, would request you to give your consent to collective action against this cheating done by the builder by  replying  to this mail and clearly stating the following in your reply:
 
"I ____________________________    R/O __________________________ allottee of flat no. ______________ in AGC Realty Pvt. Ltd. ’s project  Homes 121 in Sector 121 Noida hereby authorize Advocate Sushil Simoliya to issue a legal notice to AGC Realty Pvt. Ltd. with regard to change of plan of the project as opposed to what was promised to me at the time of booking of the project.  The project plan has been changed to include a new tower W in the project thereby increasing the number of flats and over all density of the project."
We need to assert our rights and demand action from the builder to ensure that the builder doesnot change the lay out plan as per his desire to earn huge sum of money at our cost by selling these new flats .  The change of plan is detremiental to us in the following ways:

Ø  The tower (W) will be built right at the entrance and is going to replace a single storey building for the earlier proposed club.

 

Ø  The aforementioned change will increase the density of population residing in the project very substantially.

 

Ø  Increase in number of flats in a small plot of land.

 

Ø  The new Tower (14 floors or more) hence will block the sunlight for the gardens and the open area in the centre.

 

Ø  The number of towers in the project increased as opposed to the promised number of towers in the project.

 

Ø  lower the face value of the project

 

Please act as early as possible.

 

Regards,

 

Sushil Simoliya

Ph: 9810559552

 

 
 
Letter of Authority.docx

senthil kumar

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Jul 30, 2010, 8:00:28 AM7/30/10
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Dear Mr. Sushil
 
I really appreciate the initiative taken by you. I am ready to cooperate with you. I will send the filled in letter of authority and send it to your address.
 
Thank and regards
 
P.M. Senthil Kumar
Flat no. 501 in Tower A

Alok Gupta

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Jul 30, 2010, 8:44:02 AM7/30/10
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Hi All,

I agree that it's not a good practice to change the layout of the project plan, but before continuing for any legal action lets discuss the legal stand we have on this issue.

Ø  The tower (W) will be built right at the entrance and is going to replace a single storey building for the earlier proposed club.

Some of our group friends visited AGC for this change earlier and AGC explained as follows
:- the original layout was having a tower in front of 2nd entrance gate (facing towards FNG) since they removed this tower for the benefit of the society(air and ventilation) they need to compensate the builtup area with a new tower. If they increase the height of the towers it would delay the possession, hence they planned to put this tower above the club.


Ø  The aforementioned change will increase the density of population residing in the project very substantially.

The total built up area is decided by the rules setup by the authority(FAR) not by the builder and builder has full right to utilize this area. In one of our earlier discussion with AGC they informed that they could develop total 18K sq. ft of area. Authority is there to check if they increase this.



Ø  Increase in number of flats in a small plot of land.
Same as above



Ø  The new Tower (14 floors or more) hence will block the sunlight for the gardens and the open area in the centre.

Noida authority have stringent rules regarding this like what space should be left between towers etc. So again authority is there to check this. Authority has Engineers and architects and as they already passed this plan it is assumed that they have done as per there rules.



Ø  The number of towers in the project increased as opposed to the promised number of towers in the project.

Actually the number is same as per the original plan.


Ø  lower the face value of the project
How could anyone decide this?

Regarding the small area of the swimming pool and the club:- AGC never claimed what would be the total area of the club and swimming pool in any of their document. How could this be proved? If you say by the Layout diagram, where it is written that the area u are assumming is actually swimming pool? The same is valid of club. All they have claimed that the club would have certain facilities but not the area.

Construction is going on good swing and WE SHOULD REFRAIN FROM DOING ANYTHING THAT WOULD DELAY THE POSSESSION OF THE FLATS. ULTIMATELY IT WOULD BE OUR LOSS.

Guy's, I am not a legal expert but the above points do not convince me for any legal action. I may be wrong also. I would request everybody in this forum to respond and lets build up a concenseus before taking any move.

However, I totally agree that they could not charge club facing PLC for towers developed arounf tower W. This issue could be raised with builder now or at the time of possession.

Thanks
Alok
9654606210

KULDEEP NEGI

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Jul 30, 2010, 11:05:44 AM7/30/10
to Alok Gupta, sushil simoliya, bhawna...@gmail.com, Gautam...@infosys.com, ggin...@gmail.com, shadab...@gmail.com, sach...@gmail.com, er.sush...@gmail.com, snehab...@gmail.com, anoo...@gmail.com, ashish.g...@gmail.com, shekhar...@gmail.com, kumara...@yahoo.co.in, dipesh...@gmail.com, akhta...@gmail.com, dilmoha...@gmail.com, hellok...@gmail.com, agarwal.h...@gmail.com, home...@googlegroups.com
I agree with you Alok to some extent. But this all boils down to the builder's monopoly as also came out in our meeting with Mr. Vineet in Feb this year (Marketing VP from Ajnara if I am not wrong).
 
When we tried enquiring about some of the issues(project modification etc.) mentioned below, his stand was that the agreement letter will always be in favour of the builder and there is always consumer court for the allottees to get the justice in case of anything goes wrong. Since we relied on his words that time and the project has been modfied in undesired way now, hence we will oppose it so that a healthy justification can be done for the same. We are not doing anything wrong, we are just going by the words of Mr. Vineet. So don't worry, consumer court can guide us in what is wrong and right from legal perspective.
 
I hope AGC should also take it positively and we both (builder and allottess) should reach to a fruitful conclusion which can be -
 
1. Cancellation of change of plan
2. Reduce the cost of each flat by the individual share of the profilt made by any change(s) of plan.
3. (if anybody can think of anything else)
 
Really appreciate the effort put by Shushil to take the intiative.
 
-KN

shilpa bhadoria

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Aug 3, 2010, 12:39:44 PM8/3/10
to Homes121
Dear All,

Please act .. as soon as possible because we are running out of time
and there has been no action yet.

Regards,

Sushil

aman garg

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Aug 4, 2010, 1:08:49 AM8/4/10
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Dear All,
 
Shilpa & Sushil both are the lawyer. Please see their contact no. both are same. Only these gyus are pressuring for legal action for their publicity.
We should think about it.
 
Regards

sushils...@gmail.com

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Aug 4, 2010, 6:36:35 AM8/4/10
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Dear all,

Yes l am a lawyer and we hold two flats in homes 121 L 703 and L 704 in the name of shilpa bhadoria and DPS bhadoria... Any one wanting to check may verify... And I am interested and affected by ajnara's cheating .. Sushil is also a lawyer and since I am in employment and can't take up the case ..he is acting to help me.

Since the flat is in my name my number has been given.

Also We are not getting any publicity by acting for own interest.. What publicity will writing on a public forum with only a bunch of members get us .. If we really want to publisize we would have gone to the media againt ajnara ...

Hope this clarifies your doubts.

Let me clarify ... I am not interested in convincing anyone , those willing to join in acting against the cheating may join... It is individual decision ... Why we are taking this effort is to ensure that adequate pressure is build on the builder.

Regards,
Shilpa
Ph 9810559552

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From: aman garg <aman....@gmail.com>
Date: Wed, 4 Aug 2010 10:38:49 +0530
Subject: Re: AGC Realty Pvt. Ltd. has formally declared the change of its project plan for its project Homes 121

shilpab...@gmail.com

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Aug 4, 2010, 6:36:06 AM8/4/10
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Dear all,

Yes l am a lawyer and I have mentioned that earleir ... we hold two flats in homes 121 L 703 and L 704 in the name of shilpa bhadoria and DPS bhadoria... Any one wanting to check may verify... And I am interested and affected by ajnara's cheating .. Sushil is also a lawyer and since I am in employment and can't take up the case ..he is acting to help me.

Since the flat is in my name my number has been given.

Also We are not getting any publicity by acting for own interest.. What publicity will writing on a public forum with only a bunch of members get us .. If we really want to publisize we would have gone to the media againt ajnara ...

Hope this clarifies your doubts.

Let me clarify ... I am not interested in convincing anyone , those willing to join in acting against the cheating may join... It is individual decision ... Why we are taking this effort is to ensure that adequate pressure is build on the builder.

Regards,
Shilpa

sushils...@gmail.com

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Aug 5, 2010, 7:31:32 AM8/5/10
to Gautam Sinha, bhawna...@gmail.com, ggin...@gmail.com, shadab...@gmail.com, sach...@gmail.com, er.sush...@gmail.com, snehab...@gmail.com, anoo...@gmail.com, ashish.g...@gmail.com, shekhar...@gmail.com, kumara...@yahoo.co.in, dipesh...@gmail.com, akhta...@gmail.com, dilmoha...@gmail.com, hellok...@gmail.com, agarwal.h...@gmail.com, home...@googlegroups.com, KULDEEP NEGI, Alok Gupta
Well the builder in our case is a cheater ... Not concerned with what its costomers think .. Or else they would not have changed the plan in the first place.... I am open to give it another try by speaking to the builder... May be this time it works ... Gautam I understand your concern ... But the builder's image also suffers when people write about how it cheated its costomers... Tell me will u buy a property witha builder about whom you read such bad reviews online?? The objective of writing reviews is to bring out the cheating they have done.

Regards,
Sushil

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From: Gautam Sinha <Gautam...@infosys.com>
Date: Thu, 5 Aug 2010 11:12:15 +0530
To: sushil simoliya<sushils...@gmail.com>
Subject: RE: AGC Realty Pvt. Ltd. has formally declared the change of its project plan for its project Homes 121

Dear   Sushil and All,

             I saw many more links on web updated with the same concern in last 2-3 days .

                   http://www.clientcomplain.com/view_comments.php?mode=single_complain&complain_id=5391&status=skip_login#
              http://www.complaints-india.com/productcomplaints/2625/Homes-121.html
              http://www.complaints-idia.com/complaints/3021/Change-of-Plan-by-Ajnara-after-allotment-cheating.html
              http://www.consumercourtforum.in/f55/ajnara-gulshan-homz-homes-121-change-plan-agc-13550/

 

                         This makes me a bit confused as if this is the right way to fight the builder . Rather we are tarnishing the image of our own property  . Ajnara and Gulson homes will hardly have any impact as they are coming up with more projects in Noida   and also they have 1600 consumers in Homes 121 alone . These blogs will positively work towards  depreciating the value of your property rather than the new tower .

My suggestion and humble request  will be not to take up this route of putting the same content on  various forum . Rather than to discuss with AGC and decide the viable  solution .

As far as my knowledge is concerned I don’t think till date more than 5% cases of legal issue between consumer and builder  got successful rather than it delays the construction and also depreciate the quality leading to depreciation of the face value of the property . Still everyone feels that is the best way then let’s take it forward or any better solution with explanation will be welcome .

 

Thanks,

Gautam

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sushils...@gmail.com

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Aug 5, 2010, 7:32:18 AM8/5/10
to Paras Gupta, bhawna...@gmail.com, ggin...@gmail.com, shadab...@gmail.com, sach...@gmail.com, er.sush...@gmail.com, snehab...@gmail.com, anoo...@gmail.com, ashish.g...@gmail.com, shekhar...@gmail.com, kumara...@yahoo.co.in, dipesh...@gmail.com, akhta...@gmail.com, dilmoha...@gmail.com, hellok...@gmail.com, agarwal.h...@gmail.com, home...@googlegroups.com, KULDEEP NEGI, Alok Gupta, Gautam...@infosys.com
Well paras it is an individual choice to either sit quiet to speak up ... I choose to speak up and your suggestions are neither invited not sought ... Keep them to yourself.

Thanks and regards

Sushil

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From: "Paras Gupta" <par...@in.com>
Date: Thu, 05 Aug 2010 12:21:48 +0530
To: bhawna...@gmail.com<bhawna...@gmail.com>; ggin...@gmail.com<ggin...@gmail.com>; shadab...@gmail.com<shadab...@gmail.com>; sach...@gmail.com<sach...@gmail.com>; er.sush...@gmail.com<er.sush...@gmail.com>; snehab...@gmail.com<snehab...@gmail.com>; anoo...@gmail.com<anoo...@gmail.com>; ashish.g...@gmail.com<ashish.g...@gmail.com>; shekhar...@gmail.com<shekhar...@gmail.com>; kumara...@yahoo.co.in<kumara...@yahoo.co.in>; dipesh...@gmail.com<dipesh...@gmail.com>; akhta...@gmail.com<akhta...@gmail.com>; dilmoha...@gmail.com<dilmoha...@gmail.com>; hellok...@gmail.com<hellok...@gmail.com>; agarwal.h...@gmail.com<agarwal.h...@gmail.com>; home...@googlegroups.com<home...@googlegroups.com>; KULDEEP NEGI<kulde...@gmail.com>; Alok Gupta<mail.t...@gmail.com>; <Gautam...@infosys.com>; sushil simoliya<sushils...@gmail.com>
ReplyTo: "Paras Gupta" <par...@in.com>
Subject: Re: RE: AGC Realty Pvt. Ltd. has formally declared the change of its project plan for its project Homes 121


Hey Guys...

I think Sushil must be running short of complaint sites by now....Please suggest him some more...

I don't know if the addition of another tower will lower the face value of the project or not, but such complaints on public forums will definitely do.

- Paras

The tower (W) will be built right at the entrance and is going to replace a single storey building for the earlier proposed club.

Some of our group friends visited AGC for this change earlier and AGC explained as follows
:- the original layout was having a tower in front of 2nd entrance gate (facing towards FNG) since they removed this tower for the benefit of the society(air and ventilation) they need to compensate the builtup area with a new tower. If they increase the height of the towers it would delay the possession, hence they planned to put this tower above the club.

The aforementioned change will increase the density of population residing in the project very substantially.

The total built up area is decided by the rules setup by the authority(FAR) not by the builder and builder has full right to utilize this area. In one of our earlier discussion with AGC they informed that they could develop total 18K sq. ft of area. Authority is there to check if they increase this.

Increase in number of flats in a small plot of land.

Same as above




The new Tower (14 floors or more) hence will block the sunlight for the gardens and the open area in the centre.

Noida authority have stringent rules regarding this like what space should be left between towers etc. So again authority is there to check this. Authority has Engineers and architects and as they already passed this plan it is assumed that they have done as per there rules.

The number of towers in the project increased as opposed to the promised number of towers in the project.

Actually the number is same as per the original plan.

lower the face value of the project

How could anyone decide this?

Regarding the small area of the swimming pool and the club:- AGC never claimed what would be the total area of the club and swimming pool in any of their document. How could this be proved? If you say by the Layout diagram, where it is written that the area u are assumming is actually swimming pool? The same is valid of club. All they have claimed that the club would have certain facilities but not the area.

Construction is going on good swing and WE SHOULD REFRAIN FROM DOING ANYTHING THAT WOULD DELAY THE POSSESSION OF THE FLATS. ULTIMATELY IT WOULD BE OUR LOSS.

Guy's, I am not a legal expert but the above points do not convince me for any legal action. I may be wrong also. I would request everybody in this forum to respond and lets build up a concenseus before taking any move.

However, I totally agree that they could not charge club facing PLC for towers developed arounf tower W. This issue could be raised with builder now or at the time of possession.

Thanks
Alok
9654606210




On Fri, Jul 30, 2010 at 3:23 PM, sushil simoliya <sushils...@gmail.com> wrote:
> Dear All,
>
> Please be informed that AGC Realty Pvt. Ltd. has formally declared the
> change of its project plan for its project Homes 121 as was anticipated in a
> lot of discussions on our google group homes121. The new plan is now posted
> on the builder's website www.homes121.com .
>
> The new plan has a new Tower W right at the entrance of the project instead
> of the club house which was shown in the earlier plan. The size of the
> swimming pool has also been reduced and the swimming pool in this new plan
> only looks like a kids pool.
>

> I am willing and offering to issue a legal no tice on all allottee's behalf


> to the builder. However, to issue the legal notice on your behalf i will
> need a letter of authority the draft for which is enclosed. Request all of
> you to please take a print of the draft and fill in yours name, address, the
> flat no. allotted to you and sign the letter of authority and post is to me
> at the following address:
>
> Sushil Simoliya
> Flat No. 62 (Top Floor), Sector 11, Pocket -3
> Dwarka, New Delhi.
> Ph: 9810559552
>
> Request you to send in your letters as early as possible for enabling a
> quick and timely action.
>
> Additionally, would request you to give your consent to collective action
> against this cheating done by the builder by replying to this mail and
> clearly stating the following in your reply:
>
> "I ____________________________ R/O __________________________ allottee

> of flat no. _ _____________ in AGC Realty Pvt. Ltd. ’s project Homes 121 in


> Sector 121 Noida hereby authorize Advocate Sushil Simoliya to issue a legal
> notice to AGC Realty Pvt. Ltd. with regard to change of plan of the project
> as opposed to what was promised to me at the time of booking of the
> project. The project plan has been changed to include a new tower W in the
> project thereby increasing the number of flats and over all density of the
> project."
> We need to assert our rights and demand action from the builder to ensure
> that the builder doesnot change the lay out plan as per his desire to earn
> huge sum of money at our cost by selling these new flats . The change of
> plan is detremiental to us in the following ways:
>

> The tower (W) will be built right at the entrance and is going to replace
> a single storey building for the earlier proposed club.
>
>
>

&g t; T he aforementioned change will increase the density of population


> residing in the project very substantially.
>
>
>

> Increase in number of flats in a small plot of land.
>
>
>

> The new Tower (14 floors or more) hence will block the sunlight for the
> gardens and the open area in the centre.
>
>
>

> The number of towers in the project increased as opposed to the promised
> number of towers in the project.
>
>
>

> lower the face value of the project
>
>
>
> Please act as early as possible.
>
>
>
> Regards,
>
>
>
> Sushil Simoliya
>
> Ph: 9810559552
>
>
>
>
>


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Amit Arora

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Aug 5, 2010, 3:17:18 AM8/5/10
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Guys 

I agree with what Gautam says, by putting the same matter at different forums is definitely not going to help us but have the risk of our project being delayed or of substandard quality. That will a far big loss than having a new tower. So lets not put that kind of pressure on builder which may result into builder going in other mode which is not in our favor at all. Hence we should stop reiterating the same point on different forums (Of course I can only request people) .

Regards
Amit

sushils...@gmail.com

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Aug 5, 2010, 8:10:35 AM8/5/10
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Amit, paras and gautam,

Please understand that I see negative pubicity for ajnara as a better option than sitting quiet as they will have to answer a hundred quetions before they sell any new project .... I have tried speaking to the builder but got an answer from the that " do what ever you all like but we are changing the plan" . So you see they are not willing to honour their commitment.

Do you think that they are going to listen to you if you speak to them ?? Have you ever tried speaking to them .. Plz go ahead and try .. I am willing to accompany you if need be .. You will get a plain NO for an answer from the builder.

In this case the only option is to sit quiet and accept what they do or to speak up. Choice is very individual.

Also, would like to know if you have a better suggestion of what should be done.

Regards,
Shilpa




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From: Amit Arora <arora...@gmail.com>
Date: Thu, 5 Aug 2010 12:47:18 +0530

> "I____________________________    R/O __________________________ allottee
> of flat no.______________ in AGC Realty Pvt. Ltd. ’s project  Homes 121 in

sushils...@gmail.com

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Aug 5, 2010, 9:08:08 AM8/5/10
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Dear all,

Shilpa and I are family and she has booked flats L 703 and L 704 ... She is in employment with a company and can't take any legal action herself .. I am therefore acting as her representative/ lawyer ... For she has asked me to do so. Hope that clears your doubt.. She has access to all my mails and I have access to all her mails our mail ids are shilpab...@gmail.com and my mail I'd is sushils...@gmail.com. She has also seconded what I am stating in a mail to the goup. So u see we are together

You can call her at 9810559552.. Request you to... please verify before making baseless allegations ... ... Well please do consult another lawyer and also let affected parties know of what is the advise .. I am not earning anything out of this whole mess that you guys are in ... I am just helping.


Regards,
Shilpa

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From: Saif Akhtar <akhta...@gmail.com>
Date: Thu, 5 Aug 2010 13:23:42 +0530
Subject: Re: AGC Realty Pvt. Ltd. has formally declared the change of its project plan for its project Homes 121

Hello All,
it's frustrating to see that we ( the owners of the flats) don't have a common approach towards an issue.
I must say that i have a doubt on Sushil and Shilpa, not only because they both are lawyers and speak the same language, but the fact that they use name numbers and reply from each other mail id's. ( Sushil writes from Shilpa's id and shilpa writes from Sushil id's ).
 
Being lawyers in the group who know the law well, we would have expected better advices for the issue. ( For the fact that lawyers know the practical aspect of builders/agencies in Noida/ghaziabad /UP area).

I must tell that we have to handle this issue in a different way, i can site several such cases where fighting with builders would result in unnecessary delay or problems etc...But there are certain people who will benefit if we file a case...? let's get practical..all cases results in builder spending in money to get it cleared.
 
We can consult some other lawyers whom you know for suggestions, i know one and i will get back with some information soon.
 
Thanks,
 

> "I____________________________    R/O__________________________ allottee

sushils...@gmail.com

unread,
Aug 5, 2010, 9:09:33 AM8/5/10
to Saif Akhtar, home...@googlegroups.com, Gautam Sinha, bhawna...@gmail.com, ggin...@gmail.com, shadab...@gmail.com, sach...@gmail.com, er.sush...@gmail.com, snehab...@gmail.com, anoo...@gmail.com, ashish.g...@gmail.com, shekhar...@gmail.com, kumara...@yahoo.co.in, dipesh...@gmail.com, dilmoha...@gmail.com, hellok...@gmail.com, agarwal.h...@gmail.com, KULDEEP NEGI, Alok Gupta
Dear all,

Shilpa and I are family and she has booked flats L 703 and L 704 ... She is in employment with a company and can't take any legal action herself .. I am therefore acting as her representative/ lawyer ... For she has asked me to do so. Hope that clears your doubt.. She has access to all my mails and I have access to all her mails our mail ids are shilpab...@gmail.com and my mail I'd is sushils...@gmail.com. She has also seconded what I am stating in a mail to the goup. So u see we are together

You can call her at 9810559552.. Request you to... please verify before making baseless allegations ... ... Well please do consult another lawyer and also let affected parties know of what is the advise .. I am not earning anything out of this whole mess that you guys are in ... I am just helping.

Regards,
Sushil

Sent from BlackBerry® on Airtel


Date: Thu, 5 Aug 2010 13:08:08 +0000
To: Saif Akhtar<akhta...@gmail.com>
Subject: Re: AGC Realty Pvt. Ltd. has formally declared the change of its project plan for its project Homes 121

Dear all,

Shilpa and I are family and she has booked flats L 703 and L 704 ... She is in employment with a company and can't take any legal action herself .. I am therefore acting as her representative/ lawyer ... For she has asked me to do so. Hope that clears your doubt.. She has access to all my mails and I have access to all her mails our mail ids are shilpab...@gmail.com and my mail I'd is sushils...@gmail.com. She has also seconded what I am stating in a mail to the goup. So u see we are together

You can call her at 9810559552.. Request you to... please verify before making baseless allegations ... ... Well please do consult another lawyer and also let affected parties know of what is the advise .. I am not earning anything out of this whole mess that you guys are in ... I am just helping.

Regards,
Shilpa

Sent from BlackBerry® on Airtel


From: Saif Akhtar <akhta...@gmail.com>
Date: Thu, 5 Aug 2010 13:23:42 +0530
Subject: Re: AGC Realty Pvt. Ltd. has formally declared the change of its project plan for its project Homes 121

Hello All,
it's frustrating to see that we ( the owners of the flats) don't have a common approach towards an issue.
I must say that i have a doubt on Sushil and Shilpa, not only because they both are lawyers and speak the same language, but the fact that they use name numbers and reply from each other mail id's. ( Sushil writes from Shilpa's id and shilpa writes from Sushil id's ).
 
Being lawyers in the group who know the law well, we would have expected better advices for the issue. ( For the fact that lawyers know the practical aspect of builders/agencies in Noida/ghaziabad /UP area).

I must tell that we have to handle this issue in a different way, i can site several such cases where fighting with builders would result in unnecessary delay or problems etc...But there are certain people who will benefit if we file a case...? let's get practical..all cases results in builder spending in money to get it cleared.
 
We can consult some other lawyers whom you know for suggestions, i know one and i will get back with some information soon.
 
Thanks,
 

> "I____________________________    R/O__________________________ allottee

shilpab...@gmail.com

unread,
Aug 5, 2010, 9:35:00 AM8/5/10
to Sushil simoliya, home...@googlegroups.com, akhta...@gmail.com
Dear saif,

It is indeed very sad that we cannot have a consesus among the owners.. And because of which the builder is being able to do what ever he likes.

The only basis that you have mentioned for your doubt is that we are lawyers .. But you fail to understand that we are owners of flats who are lawyers . I am equally affected if the project is not build as promised for I hold two flats.

Sushil is acting as a lawyer for me and is allowed to access my mails. I would want to consult your lawyer also for this issue .. If he can offer a better solution let's go for it.

Regards,
Shilpa

Sent from BlackBerry® on Airtel


Date: Thu, 5 Aug 2010 13:23:22 +0000
Subject: Fw: AGC Realty Pvt. Ltd. has formally declared the change of its project plan for its project Homes 121

Sent from BlackBerry® on Airtel


Date: Thu, 5 Aug 2010 13:22:53 +0000
To: <shilpabhadoria@gmail>
Subject: Fw: AGC Realty Pvt. Ltd. has formally declared the change of its project plan for its project Homes 121

Sent from BlackBerry® on Airtel


Date: Thu, 5 Aug 2010 13:20:21 +0000
Subject: Fw: AGC Realty Pvt. Ltd. has formally declared the change of its project plan for its project Homes 121

Paras Gupta

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Aug 5, 2010, 2:51:48 AM8/5/10
to bhawna...@gmail.com, ggin...@gmail.com, shadab...@gmail.com, sach...@gmail.com, er.sush...@gmail.com, snehab...@gmail.com, anoo...@gmail.com, ashish.g...@gmail.com, shekhar...@gmail.com, kumara...@yahoo.co.in, dipesh...@gmail.com, akhta...@gmail.com, dilmoha...@gmail.com, hellok...@gmail.com, agarwal.h...@gmail.com, home...@googlegroups.com, KULDEEP NEGI, Alok Gupta, Gautam...@infosys.com, sushil simoliya

Hey Guys...

I think Sushil must be running short of complaint sites by now....Please suggest him some more...

I don't know if the addition of another tower will lower the face value of the project or not, but such complaints on public forums will definitely do.

- Paras


---------- Original message ----------
From:"Gautam Sinha"< Gautam...@infosys.com >
Date: 5 Aug 10 11:17:26

The tower (W) will be built right at the entrance and is going to replace a single storey building for the earlier proposed club.

Some of our group friends visited AGC for this change earlier and AGC explained as follows
:- the original layout was having a tower in front of 2nd entrance gate (facing towards FNG) since they removed this tower for the benefit of the society(air and ventilation) they need to compensate the builtup area with a new tower. If they increase the height of the towers it would delay the possession, hence they planned to put this tower above the club.

The aforementioned change will increase the density of population residing in the project very substantially.

The total built up area is decided by the rules setup by the authority(FAR) not by the builder and builder has full right to utilize this area. In one of our earlier discussion with AGC they informed that they could develop total 18K sq. ft of area. Authority is there to check if they increase this.

Increase in number of flats in a small plot of land.

Same as above




The new Tower (14 floors or more) hence will block the sunlight for the gardens and the open area in the centre.

Noida authority have stringent rules regarding this like what space should be left between towers etc. So again authority is there to check this. Authority has Engineers and architects and as they already passed this plan it is assumed that they have done as per there rules.

The number of towers in the project increased as opposed to the promised number of towers in the project.

Actually the number is same as per the original plan.

lower the face value of the project

How could anyone decide this?

Regarding the small area of the swimming pool and the club:- AGC never claimed what would be the total area of the club and swimming pool in any of their document. How could this be proved? If you say by the Layout diagram, where it is written that the area u are assumming is actually swimming pool? The same is valid of club. All they have claimed that the club would have certain facilities but not the area.

Construction is going on good swing and WE SHOULD REFRAIN FROM DOING ANYTHING THAT WOULD DELAY THE POSSESSION OF THE FLATS. ULTIMATELY IT WOULD BE OUR LOSS.

Guy's, I am not a legal expert but the above points do not convince me for any legal action. I may be wrong also. I would request everybody in this forum to respond and lets build up a concenseus before taking any move.

However, I totally agree that they could not charge club facing PLC for towers developed arounf tower W. This issue could be raised with builder now or at the time of possession.

Thanks
Alok
9654606210




On Fri, Jul 30, 2010 at 3:23 PM, sushil simoliya <sushils...@gmail.com> wrote:
> Dear All,
>
> Please be informed that AGC Realty Pvt. Ltd. has formally declared the
> change of its project plan for its project Homes 121 as was anticipated in a
> lot of discussions on our google group homes121. The new plan is now posted
> on the builder's website www.homes121.com .
>
> The new plan has a new Tower W right at the entrance of the project instead
> of the club house which was shown in the earlier plan. The size of the
> swimming pool has also been reduced and the swimming pool in this new plan
> only looks like a kids pool.
>

> I am willing and offering to issue a legal no tice on all allottee's behalf


> to the builder. However, to issue the legal notice on your behalf i will
> need a letter of authority the draft for which is enclosed. Request all of
> you to please take a print of the draft and fill in yours name, address, the
> flat no. allotted to you and sign the letter of authority and post is to me
> at the following address:
>
> Sushil Simoliya
> Flat No. 62 (Top Floor), Sector 11, Pocket -3
> Dwarka, New Delhi.
> Ph: 9810559552
>
> Request you to send in your letters as early as possible for enabling a
> quick and timely action.
>
> Additionally, would request you to give your consent to collective action
> against this cheating done by the builder by replying to this mail and
> clearly stating the following in your reply:
>

> "I ____________________________ R/O __________________________ allottee
> of flat no. _ _____________ in AGC Realty Pvt. Ltd. ’s project Homes 121 in


> Sector 121 Noida hereby authorize Advocate Sushil Simoliya to issue a legal
> notice to AGC Realty Pvt. Ltd. with regard to change of plan of the project
> as opposed to what was promised to me at the time of booking of the
> project. The project plan has been changed to include a new tower W in the
> project thereby increasing the number of flats and over all density of the
> project."
> We need to assert our rights and demand action from the builder to ensure
> that the builder doesnot change the lay out plan as per his desire to earn
> huge sum of money at our cost by selling these new flats . The change of
> plan is detremiental to us in the following ways:
>

> The tower (W) will be built right at the entrance and is going to replace
> a single storey building for the earlier proposed club.
>
>
>

&g t; T he aforementioned change will increase the density of population


> residing in the project very substantially.
>
>
>

> Increase in number of flats in a small plot of land.
>
>
>

> The new Tower (14 floors or more) hence will block the sunlight for the
> gardens and the open area in the centre.
>
>
>

> The number of towers in the project increased as opposed to the promised
> number of towers in the project.
>
>
>

> lower the face value of the project
>
>
>
> Please act as early as possible.
>
>
>
> Regards,
>
>
>
> Sushil Simoliya
>
> Ph: 9810559552
>
>
>
>
>


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Saif Akhtar

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Aug 5, 2010, 3:53:42 AM8/5/10
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Hello All,
it's frustrating to see that we ( the owners of the flats) don't have a common approach towards an issue.
I must say that i have a doubt on Sushil and Shilpa, not only because they both are lawyers and speak the same language, but the fact that they use name numbers and reply from each other mail id's. ( Sushil writes from Shilpa's id and shilpa writes from Sushil id's ).
 
Being lawyers in the group who know the law well, we would have expected better advices for the issue. ( For the fact that lawyers know the practical aspect of builders/agencies in Noida/ghaziabad /UP area).

I must tell that we have to handle this issue in a different way, i can site several such cases where fighting with builders would result in unnecessary delay or problems etc...But there are certain people who will benefit if we file a case...? let's get practical..all cases results in builder spending in money to get it cleared.
 
We can consult some other lawyers whom you know for suggestions, i know one and i will get back with some information soon.
 
Thanks,
 

Gautam Sinha

unread,
Aug 5, 2010, 1:42:15 AM8/5/10
to sushil simoliya, bhawna...@gmail.com, ggin...@gmail.com, shadab...@gmail.com, sach...@gmail.com, er.sush...@gmail.com, snehab...@gmail.com, anoo...@gmail.com, ashish.g...@gmail.com, shekhar...@gmail.com, kumara...@yahoo.co.in, dipesh...@gmail.com, akhta...@gmail.com, dilmoha...@gmail.com, hellok...@gmail.com, agarwal.h...@gmail.com, home...@googlegroups.com, KULDEEP NEGI, Alok Gupta

Dear   Sushil and All,

             I saw many more links on web updated with the same concern in last 2-3 days .

                   http://www.clientcomplain.com/view_comments.php?mode=single_complain&complain_id=5391&status=skip_login#
              http://www.complaints-india.com/productcomplaints/2625/Homes-121.html
              http://www.complaints-idia.com/complaints/3021/Change-of-Plan-by-Ajnara-after-allotment-cheating.html
              http://www.consumercourtforum.in/f55/ajnara-gulshan-homz-homes-121-change-plan-agc-13550/

 

                         This makes me a bit confused as if this is the right way to fight the builder . Rather we are tarnishing the image of our own property  . Ajnara and Gulson homes will hardly have any impact as they are coming up with more projects in Noida   and also they have 1600 consumers in Homes 121 alone . These blogs will positively work towards  depreciating the value of your property rather than the new tower .

My suggestion and humble request  will be not to take up this route of putting the same content on  various forum . Rather than to discuss with AGC and decide the viable  solution .

As far as my knowledge is concerned I don’t think till date more than 5% cases of legal issue between consumer and builder  got successful rather than it delays the construction and also depreciate the quality leading to depreciation of the face value of the property . Still everyone feels that is the best way then let’s take it forward or any better solution with explanation will be welcome .

 

Thanks,

Gautam

 

 

 

From: KULDEEP NEGI [mailto:kulde...@gmail.com]

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