I believe grace period is getting over in March 2013 for few of us. Anyone has checked with builder regarding Possession and Penalty ? I feel builder is again going to play malicious this time, I heard as per their Allotment letter you are not entitled for penalty due to interest. And I guess this is the case with almost everyone.
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Yes My grace period expires in March 2013, I have sent a letter by speed post today for construction status update and update on Possession.
Your contention is correct. As per alottment agreement, Penalty is payable by Paramount only to those allotees who have either not delayed timely stage payments OR have paid up the interest due on delayed payments.
Clause 50 of the agreement is interesting. Paramount will call for execution of Sub lease cum sale deed with the Noida authority.(Here Stamp duty only is payable to NOIDA Authority) This can be even before the possession of the appartment. If not executed within 30 days of such call they can cancel the allotment and refund all money paid after deducting 15 % of the total cost of unit at their discretion.
Regards
Pummy
--- On Fri, 1/3/13, Amit Kumar <amita...@gmail.com> wrote:
|
Hi,
Can this clause 50 mean that property handover is kind of over and hence, one can start out availing of the tax benefits ?
Regards,
Govind
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I believe grace period is getting over in March 2013 for few of us. Anyone has checked with builder regarding Possession and Penalty ? I feel builder is again going to play malicious this time, I heard as per their Allotment letter you are not entitled for penalty due to interest. And I guess this is the case with almost everyone.
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http://blogs.consumerawakening.com/housing-law-as-on-now-under-consumer-protection-act/
Consumer Protection Act 1986, amendment on 18th June 1993.
By the Honb’le National Commission in 2002 and
one single detailed order was passed in all the cases between
GHAZIABAD DEVELOPMENT AUTHORITY V BALBIR SINGH &OTHERS SC ,2004 ,[CTJ]PAGE 605 .
M.G.GUPTA V LUCKNOW DEVELOPMENT AUTHORITY SC 1993
BANGLORE DEVELOPMENT AUTHORITY V SYNDICATE BANK
M.G.GUPTA V LUCKNOW DEVELOPMENT AUTHORITY Civil appeal No 6237/1990 alongwith other SLP’s decided on 5 Nov. 1993 (SC)
The Honb’le Supreme Court ruled that –
1. “Purchaser is a consumer against board/construction company.”
2. “If order for interest is given, there should not be any further order for compensation as both the things cannot go together.”
Now if we read point no. 2 in context of what the so called clause Paramount is referring to for denial of late possession penalty, it is clear that by taking interest from the buyer for late payment, the builder has quashed his own clause, as he cannot not claim compensation (read benefit in this case) both ways.
Hope this group will serve everyone's interst.
| Dear All, I quite agree with Amit on this issue. Also by not paying when the demand letter is sent helps only the builder and not the consumer. For the law the penalty on the builder is larger when the money due has been paid and the builder is not moving in the direction of completing the project. The fact is at this stage after having paid the entire money and also the penalty the legal recourse is only fight one on one not as a group in the consumer court. Also not sure how the sub lease will be executed because Paramount has not paid the money that was to be paid to Noida Authority. I am sure the builder has some legal option when he has been refusing to let allotees enter and check the progress of the project inspite of receiving the entire money for the house. The builder has not been sending the pictures regarding the progress of the project and he manages not to speak to any of the allottes on their requests. No one is ever available and maybe they are deep financial crunch after buying more land and not in a position to complete the project. Paramount Symphony has also 1 year late with an additional tower on the green patch --- On Tue, 3/12/13, ajay...@sify.com <ajay...@sify.com> wrote: |
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Dear All, I quite agree with Amit on this issue. Also by not paying when the demand letter is sent helps only the builder and not the consumer. For the law the penalty on the builder is larger when the money due has been paid and the builder is not moving in the direction of completing the project.The fact is at this stage after having paid the entire money and also the penalty the legal recourse is only fight one on one not as a group in the consumer court. Also not sure how the sub lease will be executed because Paramount has not paid the money that was to be paid to Noida Authority.
I am sure the builder has some legal option when he has been refusing to let allotees enter and check the progress of the project inspite of receiving the entire money for the house. The builder has not been sending the pictures regarding the progress of the project and he manages not to speak to any of the allottes on their requests. No one is ever available and maybe they are deep financial crunch after buying more land and not in a position to complete the project. Paramount Symphony has also 1 year late with an additional tower on the green patch
--- On Tue, 3/12/13, ajay...@sify.com <ajay...@sify.com> wrote:
From: ajay...@sify.com <ajay...@sify.com>
Subject: Re: [paramount-floraville-residents:497] Re: Possession and Penalty
To: "Amit Kumar" <amita...@gmail.com>, paramount-floraville-resi...@googlegroups.com
Date: Tuesday, March 12, 2013, 3:26 PM
Thanks Amit. Now its time to move forward and take some decision. If possible please share you number.
Ajay ojha
Pine 504
Sent from BlackBerry® on Airtel
-----Original Message-----
From: Amit Kumar <amita...@gmail.com>
Sender: paramount-floraville-resi...@googlegroups.com
Date: Tue, 12 Mar 2013 07:19:56
To: <paramount-floraville-resi...@googlegroups.com>
Subject: Re: [paramount-floraville-residents:497] Re: Possession and Penalty
Ajay, it's a self organized group and we can't force anyone to follow a certain path. I know people who had not paid either service tax or interest. They are sticking with the group decision. By looking into the current scenario we are going to take some legal action. To start with we'll send a formal notice through the lawyer. You can also join us.
Hope this group will serve everyone's interst.
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Dear Ms Srivastava,
Sending a legal notice, and pursuing the case in a consumer court, requires proper documentation to enable the court give a favourable ruling in favour of the allotee.
One part of the documentation we posess:
a) Alotment letter
b) Payment receipts,
c) Letters to Paramount requesting status of completion and possession.
The other part we do not have, and this can be obtained through filing of an RTI with NOIDA Authority requesting status update of the Paramount Floraville Project, land for which was allotted by for a CGH project to Paramount under its aegis, and further approval by it, of the building plan with dates of likely completion mentioned.
I had suggested that Mr. Vishal file this RTI as his loan transfer was rejected by SBI citing lease payment plan pending with NOIDA. This will be accepted by NOIDA as a valid reason for filing of the RTI.
Regards
|
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Mr. Chicker, Under the RTI act, no reason is to be disclosed to the authority for filing of RTI applicatiion, any person can file it.
Regards
|
To start with I am not Mr Jagirdar but Ms Jagirdar. 1.We all have been trying long enough individually to get a commitment from the builder on po cession though the fact is that its clearly visible that the progress is very slow and being realistic will be around the same time next year. 2. There is no commitment or discussion with the staff since they never let any discussion happen or will keep telling you that they are not allowed to
discuss any any one sennior will never meet you. 3. All of us have made several attempts to go and see the progress of the project and also a group but have not been allowed entry citing safety reason. This is not the only project in construction where people would come and check on the progress. Did the communication with the builder help to get access to the project after paying complete money. 4. It is not hearsay when builder delay projects they are normally under financial crunch because they acquire additional land instead of completing one project. Paramount has huge unsold inventory in golf forestee in Greater Noida and Emotions in Noida extn where they had faced an issue of land clearence and projects were stopped. Trust its not hearsay and I work with
Hindustan Times and have spoken to some people regarding the same. 5. What is more critical to find out is whether we can fight as a group in consumer court to exert pressure or we can only fight as individuals. 6. There is no current law or guideline to punish builders when they do not deliver on committed deadlines |
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| Dear Nandini, I don't know any lawyer. Also the large daily newspapers have limited space and they generally only cover stories of national interest or impact. This is a practice with all builder large or small and there is lack of any govt regulation on them since they find elections. Only small media house may just cover it but it will not give desired results |
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Hi All,
Can we plan to go to Paramount office together? At least 10 of us to put some pressure on the builder?
Regards,
Alok
OK,
So let's plan to meet at 11 am at Paramount office : H- 123, sector 63, noida. Let me know if you want a different place to meet.
My cell# +91 8826726076
Regards
Alok
This is the feedback from Mr VIkas Bhardwaj at facebook about A to J tower.Update about paramount and sector 1371. Builder is using stones at boundary wall. It's a good thing require less mentinance and long lasting.2. IGL has installed it's pits and pipelines across floraville boundary.3. Poles for street lighting has been installed in sector 137.4. Today saw electric line installation work going on from authority till bridge near floraville.5. Ground floor work is on the role. I believe on 31 December we will be able speculate the correct deadlines accurately.
On Sun, Nov 17, 2013 at 8:20 PM, Dhirajkaushik <dhiraj...@gmail.com> wrote:
I am also ready to join. Lets meet saturday at 11 am.
RegardsDhiraj Kaushik
I will also join .
Pls let me know the date .Sent from BlackBerry® on AirtelFrom: Sanjeev <sanj81...@gmail.com>
Date: Sun, 17 Nov 2013 15:51:07 +0530To: Alok Misra<alok...@gmail.com>
Cc: paramount-floraville-resi...@googlegroups.com<paramount-floraville-residents@googlegroups.com>; pawanarya9851<pawana...@gmail.com>; Ajay Manchanda<ajay.ma...@gmail.com>
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Please paste the FB link so that we can check directly.
Regards
Mayank
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Dear All,
I believe many of us have received the demand "On start of finishing" with due date on 20th Dec. Let's plan to meet and discuss if we should pay this to the builder, as he has already taken 90% and not given any concrete response on possession date.
Please understand the need for a united group to tackle this builder. Also just to caution, I hope we don't have a mole in this group. If so let's close and form a new group after meeting.
Regards,
Alok
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Same here, no demands received.
Thanks
Akshat
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Can you please share the link, so that I can request there to add me.
With thanks & Regards,
Apoorv Tripathi.
Plan Journeys Pvt Ltd.
Holidays | Cruises | Air Tickets | Hotels | Insurances | LTC tours
#91-9899892292.
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OK, so did you check your bank? And did they agree to pay? In my case bank has said that they are going to conduct an inspection.
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Even I have not received any such letter. latest they informed on possession was March 2013.
Yes we all need to meet and resolve.
Heard that the builder has put construction on hold because of RBI bank new rule.
Hi request to share the link with me also so tht I can join the grp in FB too.
Thanks much
Hi request to share the link with me also so tht I can join the grp in FB too.
Thanks much
On 2 Dec 2013 11:16, "Mayank Saini" <mrmaya...@gmail.com> wrote:
Please paste the FB link so that we can check directly.
Regards
Mayank
On Dec 2, 2013 9:30 AM, "Nandini Srivastava" <nandi...@gmail.com> wrote:
Hi!--
Please check out the latest updates on our FB page.
Vikas Bharadwaj has posted the latest pics of progress at the Paramount Floraville Site!
Regards
On Thursday, November 14, 2013 7:09:34 PM UTC+5:30, pawanarya9851 wrote:Any more developments in this area, please share ..
On Friday, 1 March 2013 13:01:17 UTC+5:30, Amit Kumar wrote:I believe grace period is getting over in March 2013 for few of us. Anyone has checked with builder regarding Possession and Penalty ? I feel builder is again going to play malicious this time, I heard as per their Allotment letter you are not entitled for penalty due to interest. And I guess this is the case with almost everyone.
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Hi request to share the link with me also so tht I can join the grp in FB too.
Thanks much
On 2 Dec 2013 11:16, "Mayank Saini" <mrmaya...@gmail.com> wrote:
Please paste the FB link so that we can check directly.
Regards
Mayank
On Dec 2, 2013 9:30 AM, "Nandini Srivastava" <nandi...@gmail.com> wrote:
Hi!--
Please check out the latest updates on our FB page.
Vikas Bharadwaj has posted the latest pics of progress at the Paramount Floraville Site!
Regards
On Thursday, November 14, 2013 7:09:34 PM UTC+5:30, pawanarya9851 wrote:Any more developments in this area, please share ..
On Friday, 1 March 2013 13:01:17 UTC+5:30, Amit Kumar wrote:I believe grace period is getting over in March 2013 for few of us. Anyone has checked with builder regarding Possession and Penalty ? I feel builder is again going to play malicious this time, I heard as per their Allotment letter you are not entitled for penalty due to interest. And I guess this is the case with almost everyone.
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Dear all, In my case they have not mentioned anything in demand letter but they have mentiond this point in allotment letter which i have signed at the time of purchase. "In case of delay in payment the company will charge 18% interest p.a. BR Sent from Yahoo! Mail on Android |
Same is in my case. I have not paid the penalty yet. I asked them why it was not mentioned in demand letter and they had nothing to say but that I still would need to pay it. I paid the service tax but not paid the penalty.
Rakesh
then they have violated their own fairy-tale like clauses by demanding the penalty from customer before offering possession. I do not know whether it is mentioned in the allotment letter, but thanks Kapil for bringing this to our notice. The buyer will be paying as per the amount demanded in the demand letter. In the below portion of every demand letter, it is also mentioned that the amount due is inclusive of any previous outstanding balance and outstanding should mean principal+interest(i.e., penalty)+any other charges. If you have paid the due amount of the last demand letter, how they can claim for any penalty?
On Wed, Dec 18, 2013 at 11:33 PM, Kapil Birla <bir...@gmail.com <mailto:bir...@gmail.com> > wrote:
They would ask for the penalty at the time of posession. It is mentioned in the allotment letter.
On Wed, Dec 18, 2013 at 7:59 PM, Rakesh Sharma <adonis...@gmail.com <mailto:adonis...@gmail.com> > wrote:
Same is in my case. I have not paid the penalty yet. I asked them why it was not mentioned in demand letter and they had nothing to say but that I still would need to pay it. I paid the service tax but not paid the penalty.
Rakesh
On 18 Dec 2013 10:08, "vikas shali" <vikas...@yahoo.com <mailto:vikas...@yahoo.com> > wrote:
Dear all,
In my case they have not mentioned anything in demand letter but they have mentiond this point in allotment letter which i have signed at the time of purchase. "In case of delay in payment the company will charge 18% interest p.a.
Any how now this is not vallid anymore as they have also delayed project.
BR
Vikas
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----------------
From: dhiraj kaushik <dhiraj...@gmail.com <mailto:dhiraj...@gmail.com> >;
To: Toposmito Sengupta <topo...@gmail.com <mailto:topo...@gmail.com> >;
Cc: Nishant <sinha....@gmail.com <mailto:sinha....@gmail.com> >; paramount-flora...@googlegroups.com <mailto:paramount-flora...@googlegroups.com> <paramount-flora...@googlegroups.com <mailto:paramount-flora...@googlegroups.com> >; sksin...@yahoo.com <mailto:sksin...@yahoo.com> <sksin...@yahoo.com <mailto:sksin...@yahoo.com> >; Sanjeev <sanj81...@gmail.com <mailto:sanj81...@gmail.com> >; Alok Misra <alok...@gmail.com <mailto:alok...@gmail.com> >; pawanarya9851 <pawana...@gmail.com <mailto:pawana...@gmail.com> >; Ajay Manchanda <ajay.ma...@gmail.com <mailto:ajay.ma...@gmail.com> >;
Hi,
Regards
Nishant Sinha
Regards
Dhiraj Kaushik
----------------
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