TO THE CASAPARADISO OWNERS ASSOCIATION
DEAR MEMBERS
I sent the following letter to casa as a reply for their invitation to register my flat.
I cant attend the meeting of 11th and see some of my drafted input points may be useful for your discussions to proceed for registration and legal appeal.
Thanking you
I m rao UTOPIA C303
TO
THE CASA PARADISE
HYDERABAD
SIR
SUB; REGISTRATION OF APARTMENT F UTOPIA C 303
REF : your letter on 4th july 2013 without ref no
1.You have invited to register my apartment and I am also ready to register my apartment.
2. Prior to the registration there are some formalities to be obliged by the promoter and buyer .
3 you should show some responsibility such as showing your drafted sale deed agreement to the buyer , and also inviting the buyer to inspect the stage of construction of the apartment. You have not followed any of them . However I got the saledeed drafted by you thro my association.
4 There are many deviations in your draft of the sale deed with irrevelent and unnecessary clauses, which may bring complications to our both parties.
5 you drafted some clauses, keeping in view that the registered buyers may interfere during your project progress and maintainance , wh ich is an issue of a short time period only.
6 FOR our amicable settlment of our both parties ,you have to prepare two documents:
i) for registration in the government office with a legal CLAUSES for a long time period .
Ii) our personal bilateral agreement for short time period CLAUSES until complition of your project and maintainance period only. This agreement becomes null and void after your complition of your project and maintainance.
7 you have to edit your draft of the registered document , and also prepare a new short time Bilateral agreement incorporating the clauses which are removed and altered from the registered document.
8. We casa apartment owners association have gone thro Your document to be registered with proper legal adviser and found the following many lirrevelent, unnecessry clauses with our given remarks for your corrective action.
9 I request you to take quick action as per my 6&7 statements of this letter to have a speedy project progress and our speedy registration process.
Thanking you
YOURS SINCERELY
I M RAO (MALLIKARJUNARAO) F BLOCK UTOPIA C303
PAGE 1
SALEDEED AGREEMENT TO BE MODIFIED
D. GHMC approval and Annexure
You are referring to GHMC approval letter No. 19018/HO/CZ/Cir-10/2012 dated 11th January, 2013. but not referring to the approvals received by you in Permit No. 8067/HO/CZ/Cir-10/2011 dated 27 01 2012 (ORIGINAL PLAN APPROVAL).
Remove this wrong statement.
If you got approval on jan 13 how the apartments were built from 2011 . The Annexure 4 is not enclosed.
E. Certificate of Title Issued by Advocate Dama Seshadri Naidu , Pahanis- Annexure 5, and 6
Not furnished.
F. Subject to the charge of Dharmanath Buildtech and farms Private Limited (one of the group/associate companies of the Promoter) - Annexure 7
Have these charges now been cleared? Charge Clearance Certificate is needed.
G. Credit facility of Rs 70 cr from State Bank of India - Mortgage of the property - …. The promoter has a clear, marketable title to the said Property, save and except as disclosed in Annexure”1” hereto….
your Bank loan clearance certificate is to be enclosed to the sale deed
PAGE2
J. Promoter has furnished / given to the Purchaser inspection and wherever applicable, copies of documents relating to the title, the tentative location and building plans and the Purchaser has confirmed that the Purchaser is satisfied ……..
REMOVE THIS STATEMENT . You have not furnished to our inspection.
PAGE 4
4.1 The Purchaser hereby declares and confirms that prior to the execution of this Sale Deed, the Promoter has made full and complete disclosure of the title to said Property ……
REMOVE THI STATEMENT . You have not provided any information to me.
4.2 …. the Purchaser is satisfied with the title of the said Property as well as encumbrances, ….and waives his right to raise any queries or objections in that regard…… and that after fully understanding and accepting the terms hereof, the Purchaser has decided and agreed to enter into this Sale Deed.
REMOVE THIS STATEMENT . You did not even send the draft sale deed and how can we saticefy and agree for your above statement .
PAGE 5
6.1 ….the Purchaser hereby confirms and agrees that the Promoter shall be entitled to amend and modify the plans, specifications and design of the Building/ the Project and /or the Apartment, as the Promoter may consider necessary…….. The consent given by the Purchaser/s under this clause shall be considered to be the Purchaser/s consent contemplated by section 6 (1) (i) and (iii) of the Andhra Pradesh Apartments (promotion of Construction and ownership) Act, 1987. It is clarified that in the event , the final&nbs
p;area of the Apartment is more than the area agreed to be provided, the Purchaser agrees and undertakes to pay additional consideration to the Promoter for such excess area on pro rata basis, based on the Total Consideration stated in clause 5.1 hereinabove.
…rights under the Sale Deed reserved for the Promoter for exploiting potentiality of the Said Property described in the FIRST SCHEDULE hereinunder written shall be subsisting and shall continue to vest in the Promoter till completion of the entire Project.
….. The Purchaser hereby accords his unconditional and irrevocable consent to the Promoter for the construction of the Buildings and additional upper floors on the Building……
REMOVE THESE CLAUSES . This is not applicable here. Only buyers had right of the ownership on entire Complex.
You can include this in our bylateral agreement.
4 The Promoter, if permitted by the appropriate authorities, reserves to itself the right to transfer the construction permissible on the said Property or transfer to the said Property for construction permissible on any other property and lay out such construction accordingly at any time…..
The Purchaser agrees that till such time the Conveyance of the said Property in favour of the Federation is executed, the Promoter shall retain with itself all the rights on the terrace, in the compound and on the Building either by themselves or through their nominee(s) or assignees as the case may be. Subject to the aforesaid, the Promoter shall be at absolute liberty to allot/assign the said right to such person/s in the manner as they may deem fit and proper. ….
REMOVE THIS STATEMENT . This is not applicable here. Only buyers had right of the ownership on the entire Complex.
You can include this in our bylateral agreement which will be null and void after your completion of the project.
8.2 … so long as the aforesaid loan remains unpaid/outstanding, the Purchaser subject to the terms hereof, shall not sell, transfer, let out and/or deal with the Apartment in any manner whatsoever without obtaining prior written permission of the Promoter and/or such Banks/Financial Institutitions…
REMOVE THIS CLAUSE. It is applicable only before my registration and i am having right to sell and rent aftrer my possession.
8.3 …..the Purchaser hereby agrees and undertakes that the Promoter shall have first lien/charge on the Apartment towards all the claims, costs, charges, expenses and losses etc., of the Promoter and the Purchaser further undertakes to reimburse the same to the Promoter without any delay, default or demur.
Remove this clause . I am not your partner but a buyer .
The Promoter do hereby confirm that they will after execution of these presents and upon the receipt of the entire consideration and other amounts as per the Annexure 2, provide the Apartment for Fit-outs on or before the Fit out Date as set out in Annexure 2……. The Promoter shall endeavor to complete the construction of the Building, make available the key Common Areas and Amenities and obtain the occupation certificate in respect of the Building within a period of One Year from the Fit Out Date…..
11.2 The Promoter shall be entitled to a grace period of One (1) year beyond the aforesaid date mentioned in clause 5.2 for obtaining Occupation Certificate.
I accept the above clause after I inspecting phisically the stage of apartment .( give date of inspection before my registration)
CHANGE TO OBTAIN OC from 1 year to 6 months with a grace period of another 6 months
11.4 If as a result of any legislative order or regulation or direction of non-receipt of relevant approvals from the Government or Public authorities, the Promoter is unable to provide the Apartment for fit-outs or complete the Building ……
1.5 Notwithstanding the provisions hereof, the Promoter shall be entitled to reasonable extension of time for completion of building or obtaining the Occupation Certificate beyond the aforesaid date…..
REMOVE THIS CLAUSE
This clause is not applicable after registraion and fitout stage with payment of 95% of the amount.
PAGE 8
11.6 ….In the even the Purchaser fails and / or neglects to take the Apartment within the said period, the Purchaser shall, in addition to the CAM Charges, be liable to pay to Promoter compensation calculated at the rate of Rs 10/- per sq. ft of the carpet area per month…..
. If within a period of 12 months from Fit Out Date…….. Provided that the liability of the Promoter under this clause shall not exceed Rs 1,00,000/- (Rupees One lakh only).
REMOVE THIS CLAUSE
This is applicable only to buyers who have not deposited 2 years cam charge
14.1 & 14.2
CHANGE the clause to:
OWNERS decide the name of the Ultimate Organisation as per bylaws of the registered society
14.3 ….It is further clarified that save and except the rights agreed to be conferred upon the purchaser and/or the Ultimate orgnaisation and/or the Federation, no other rights are contemplated or intended or agreed to be conferred upon the Purchaser or the Ultimate Organisation or the Federation…..
NO RELEVENT . REMOVE THE CLAUSE
PAGE 9
14.4 …..no other rights
What are thes no other rights?
14.5 ….. the rights under this Sale Deed reserved for the Promoter including for exploiting the potentiality of the said Property shall be subsisting and shall continue to vest in the Promoter and the Purchaser in this regard……
These b
14.6 …The Promoter shall, as far as practicable, ensure that upon such Conveyance/Assignment of Lease of the said Property in favour of the Federation, is as far as practicable free from encumbrances….
15.1 …These costs shall be shared by all such purchasers on pro-rata basis determined by the Promoter and/or FMC
15.2
These clauses are properly to be analysed and edited which are to be included only in the bilateral agreement , but not in the registered document.
16.2 ….the Purchaser shall be entitled to use the facilities of the ‘CLUB”, which is proposed to be constructed on the portion of the said Property under the control of FMC or any other person nominated by the FMC…. the Promoter/Operator shall be entitled to grant membership rights to such other person(s) as they may deem fit to be and the Purchaser shall not be entitled to object to the same…. The membership to the Club shall be renewed on such terms, conditions and charges as may be
imposed by the Operator of the Club.
when you handover the complex to the ultimate organisation of the owners , the club house also will be included . Hence the rules are framed in general body meeting who are the owners of the association .What is the role of the promoter in this?
PAGE 10
17.2.2
How can the CAM charges be subject to revision by the Promoter / FMC when they have to be handled by the Ultimate organization / Federation in a transparent manner.
17.2.3
Why the Promoter needs to be paid or reimbursed, even after the expiry of the period of 24 months, CAM Charges etc.,
PAGE 12
h. Not to make any changes whatsoever ….. including but not limited to not making any changes or to alter the windows and/or grills provided by the Promoter.
m. Not to put any wire, pipe, grill, plant, outside the Apartment and not to dry any clothes and not to put any articles outside the Apartment or the windows.
REMOVE THESE CLAUSES. ULTIMATE ORGANISATION WILL DECIDE
n. Not to put any claim in respect of the restricted amenities including open car parking space, open space, stilt parking, hoarding, gardens attached to other Apartment or terraces and the same retained by the promoter as restricted amenities.
REMOVE THIS STATEMENT . This is not applicable here. Only buyers had right of the ownership on the entire Complex.
You can include this in our bylateral agreement which will be null and void after your completion of the project.
PAGE 14
21.5 …. The Purchaser shall have no claim with regard to all the open spaces, parking spaces, lobbies, staircase, terraces, gardens attached to the other Apartments recreation spaces etc., save and except in respect of the Apartment hereby agreed to be sold to him/her/them as set out herein.
REMOVE THIS STATEMENT . This is not applicable here. Only buyers had right of the ownership on the entire Complex.
You can include this in our bylateral agreement which will be null and void after your completion of the project.
22 (b) ….. The Arbitration shall be conducted by a Sole Arbitrator who shall be appointed by the Promoter.
How can this be Arbitration and natural justice??
PAGE 15
THE FIRST SCHEDULE
Physical maps showing the geographical location of each of the parcels of the land mentioned in the Firstly, Secondly, and Thirdly have to be provided to enable the gullible Purchasers understand where exactly these pieces stand.
PAGE 18
11. Regarding the Charge of Dharmanath Buildtech And Farms Private Limited.
REMOVE HERE AND INCLUDE IN BILATERAL AGREEMENT WITH FULL DETAILS
PAGE 21
Annexure 3 COMMON AREAS AND AMENITIES
7. Garden Areas and the facilities thereon (except the areas attached to any Residential Flat in the Buildings or (ii) the rights in respect thereof reserved by the Promoter).
There cannot be any Garden Areas and facilities attached to any Residential Flat in the project, as no such provision was told to us at the time of booking and no such facility was proposed to be made available to any flat or residence. Hence it cannot be included now.
(ii) The Promoter has no role to reserve any rights in respect of any part of the project or anything which is connected with the project, as he has sold the project as such showcasing everything as part of the project and available to the Purchaser / resident either in his own name (apartment) or in the common interest and ownership basis.
COMMON AMENITIES
Amphi Theatre, and Club House are also to be included in the list.
The Purchaser will have a proportionate undivided interest in the above in relation to the
What is this in relation to the. The Purchaser will have proportionate undivided interest in all the above.
2. Terrace spaces …… (subject to the rights in respect thereof reserved by the Promoter or unless attached to any residential flat in the Building) …..
There cannot be any rights reserved by the Promoter as all these have been sold and paid for by the Purchasers, and they are common areas of the Purchasers.
REMOVE HERE AND INCLUDE IN THE BILATERAL AGREEMENT
PAGE 22
N B (1) ….subject to the rights of the Promoter to the portions of the common areas as provided in this Agreement.
REMOVE THIS CLAUSE.
AFTER YOUR HANDING OVER ALL THE COMPLEX TO THE ULTIMATE ORGANISATION WHICH IS CALLED “THE GENERAL BODY OF THE OWNERS ASSOCIATION “ ONLY GOT THE RIGHTS ON THE COMMON AREAS .