I am forwarding the letter recd from Puri.I. have a little problem with my contact list.If I have missed someone pl forward the same
Dear Mr. Kumar,
Weare in receipt of your email dated 17/11/2011.
We are enclosing herewith a copy of the detailedcalculation of EDC that we are charging from Pranayam customers & theGovernment notification. In case you require any clarification regardingthis, you are welcome to visit our office.
As far as the payment of EDC (enhanced by theState ) is concerned, the same is as per the terms and conditions of ourlicense with the Director General, Town & Country Planning, Haryana.
You are further informed that the same authorityis the designate authority to issue Occupation Certificate pursuant to whichthe process of handing over possession of unit and registration of conveyancedeed shall start. Since the agreement for payment of EDC and enhanced EDCis between us (developers) and the DGT&CP, we shall not be inposition to defer the payment of EDC or waive the interest in the absence ofany written communication from the Office of the DGT&CP, Haryanastating that:
(a) The issue of non payment of enhanced EDC shall not come inthe way of processing and issuing the Occupation Certificate of the project and
(b) In case the enhancement of EDC is finally upheld by theHon’ble Courts, the DGT&CP shall recover the enhanced component of EDCdirectly from the Unit holders of the concerned projects.
Presently, the Office of the DGT&CP caststhe onus of depositing EDC / enhanced EDC directly upon the licensee (PuriConstructions) and is not concerned with our recoveries from the prospectivecustomers and hence we are obliged to pay as per the agreement. If the saidamount is not collected from the purchasers and paid to the DGT&CP, theywill impose interest and the same shall also have to be borne by the customers.Hence we would request, in the absence of two clarifications (a) &(b) abovefrom the DGT&CP, it shall be mandatory upon the unit holders to deposit theenhanced component of EDC and accordingly we request you to pay this demand.Needless to state that incase the said enhanced component is set aside by theHon’ble courts, the DGT&CP will refund the same and the said amount shallbe immediately refunded to the said Unit holders.
P.S :- Please find attached the calculations of EDC for Pranayam.
1. Attachmentnamed “Calculation of Enhanced EDC” has the calculation of enhanced EDC.
2. Attachmentnamed “Computation of EDC” has the combined calculation of total EDC ofPranayam including old EDC rate which was charged Rs.25 less at that point oftime + enhanced EDC rate of Rs 119. Total EDC is Rs.254 out of which you havepaid only Rs.110 psf and are required to pay Rs.125 psf extra for enhanced EDC,giving a total discount of Rs.19 psf.
3. Attachmentnamed “Computation of Original EDC” is the original computation of EDC on whichwe charged you Rs.110 Psf instead of Rs.135 psf.
4. Attachmentsnamed “EDC Notification” has the government notification sent to us by thegovernment on 25th May 2011. This is a notification/demand sent bythe govt to us.
Regards,Surya Singh
Date: 17 Nov 2011 06:48:18 -0000
Subject: Additional EDC Clarifications
To
The ManagingDirector, Dated:17.11.2011
PuriConstructions Pvt. Ltd
4-7B, GroundFloor, Tolstoy House
15 &17,Tolstoy Marg
NewDelhi-110001
Subject: Demandfor Additional EDC.
Reference: Flat No.D3/1704..allotted tomeinPranayam, at Sector-82 & 85, Faridabad, Haryana.
CustomerCode - S0181.
DearSir,
Yr.Reference: Your email/ letter from office dated...04/07.10.2011, raising a demand of Rs.282125.00 on myFlat No. D3/1704allotted in PPRANAYAM, at Sector-82 & 85,Faridabad, towards payment of increased External Development Charges(EDC).
MyReference: My email dated .15.10.2011 in response to yourabove referred letter &subsequent
meeting with Mr Arjun Puri on29.10.2011
Thepresent communication is in continuation of my aforesaid reply referred.
Pleasebe informed that the 'Greater Faridabad Welfare Association'(Regd.) workingactively for Sectors 75 to 89, Faridabad for the development of the said area(including the sectors where Pranayam is located), has filed a Writ Petitionbearing No. CWP No. 14886 of 2011 before the Punjab & Haryana High Court, Chandigarhfor quashing the above notification of the DTCP/ HUDA No. 17903 dated25.05.2011, in which the External Development Charges (EDC) were increasedretrospectively. It is for information that the said matter was listed forfirst hearing on 16.08.2011 and after hearing the Petitioner, the Hon'ble HighCourt was pleased to issue notice to the State Authorities to file their reply.The next date of hearing is 31.01.2012.
As,the demand for additional EDC under the above-mentioned notification No. 17903is sub-judicebefore the Punjab &Haryana High Court, Chandigarh, I requested you for extension of time forpayment of the additional EDC demand to enable me to take cognizance of theoutcome of hearing of the aforesaid writ petition before the Punjab & HaryanaHigh Court on November 1, 2011. However, I did not receive any specific replyin this context from you.
Meanwhile,I received an email on behalf of M/s Puri Construction stating certaincomputation which does not appear to be correct. I request you to confirm thecommunications sent by email by a letter on the official letter-head of PuriConstructions Ltd signed by a person of responsible management stature andposition. Any communication on email too must be made by a person in aresponsible management position in your company. Or else, in either case, thecommunication would be of no relevance to me and, it would not merit anycognizance, will be deemed “never have been communicated”.
Inour meeting with Mr Arjun Puri on 29th October 2011, I requested you to kindlyprovide the following details/clarifications/information to enable me tounderstand the validity of your claim.
Heagreed to make these details available to us by 31st October 2011. However,till date no such information was ever provided to me from your office. Theinformation sought were:
1. Detailed calculations of EDC chargesof Rs 110 per square feet already recovered from flat buyers.
2. Details of EDC Charges already paid by PuriConstruction to DTCP showing the amounts paid and the corresponding dates ofpayment. This statement should be duly certified by the auditors of PuriConstruction.
3. A copy of the demand letter from the DTCP asking PuriConstruction to deposit increased EDC charges as per above-mentionednotification no. 17903 together with the payment schedulefor the amountdemanded.
4. Detailed calculation of enhanced EDCCharges of Rs. 125 per sq. ft based on the above-mentioned notification No.17903 of DTCP/ HUDA.
In addition to my aforesaid request please alsoprovide me a copy of the following document/s which is in your possession andrecords:
5.A copy of the agreement signed between the DGT&CP and M/sPuri Construction Ltd
by virtue of which you have been granted the collectionof EDC and enhanced EDC from apartment buyers on and behalf of authorities.
Kindly be informed, I’m not averse to payment of the actualamount of additional EDC charges as demanded by the statutory authority /DGT&CP as per their demand letter, so far as it is applicable to me.
M/s Puri Construction is only acting as a collection agencyon behalf of the DGTC&P, therefore, there is no reason for it to withholdthe DGTC&P demand letter for additional EDC. Had you circulated a copy ofthe demand letter ab initio, I’d have paid-up the actual amount (so faras applicable to me) charged by the authority / DGT&CP, by now. I fail tounderstand your stand for not circulating the said DTGC&P’s demand letterfor additional EDC.
To prevent any further delay, it is now onus upon you toforward/send to me the above required information and documents within 30 daysfrom the date of this letter. Any inaction on your part will grievously affectmy financial position as, I’ve already paid to you about 90% of the total costof the apartment allotted to me as required by agreement. Your kindcooperation is, therefore, once again solicited to prevent further delay byproviding/sending all the above-required material and essential informationwithin 30 days from the date of this communication. As a citizen of India Ihave the right to receive fair practice and the right to information.
Yours truly
Subhash Kumar
56C-1/4 Industrial Area
NIT,Faridabad
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