legal notice to Spaze

[Amit Agarwal]

Dear all,

 

Today, I have handed over all original documents to the advocate for initiating legal notice process.

 

I only need to vist the site once and take photographs of deficiencies in contruction.  As soon as I give these to the advocate, the legal notice will be sent.

 

Following aspects will get covered in legal notice:

1. extra demand for increased super area is illegal after passing of 3 years therefore demanding waiver

2 extra tower A1 is not mentioned in original site plan therefore demanding compensation

3. demanding compensation for deficiencies in construction

4  extra electrification demand (sub-station / transformer etc.) is illegal therefore demanding waiver

5 demanding final possession alongwith OC and accordingly late delivery penalty deduction

6 not interested in taking permissive possession

 

Those of you who want to initiate legal action may contact the advocate directly.

 

Name: Amit Agrawal Advocate

Mobile no.: 9810562505

 

 

Thanks & regards,

 

Amit Agarwal

Unit no. A-032

Mobile no. 9910745458

 

[Vikas Tandon]

I see some light in this similar case:

http://www.hindustantimes.com/india-news/faridabad-builder-sons-arrested-for-cheating/article1-1003581.aspx

Faridabad builder, sons arrested for cheating
HT Correspondent, Hindustan Times
Faridabad, January 29, 2013 

Three directors of a real estate firm were arrested on Tuesday in a cheating case.
Anil Goel, MD, Piyush Buildwell India Ltd, and his two sons Amit and Puneet, were arrested from their Sector 9 house. They were produced before a local court which sent them to one-day police custody. 
The real estate firm had been accused of demanding Rs. 9-10 lakh over 'fit out' letters from over a thousand flat buyers. The firm could not give completion or possession letters to them since its licence, which expired in 2009, has not been renewed...... 

You can read more information on this page. because of the joint effort of the buyers, the illegal letters were withdrawn by the builder.

Also a question to the members who are paying up now - are you signing up waiver to file case against spaze? what kind of written confirmation are you getting from them regarding possession, payment for delay. will be great to strengthen the case if you share such information. We can complain about them using their dominant position.

regards,
Vikas Tandon

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Regards,
Vikas Tandon

[Vikas Kumar]

Dear Vikas,

Thanks for bringing out the relevant and timely reference, to our notice. The very basis of the permissive letter is a gimmick to collect enhanced payments and make an alibi of Government procedures for any further delay to avoid penalties.

As mentioned by me in my earlier letter (points mentioned below) if all of us refuse to pay, nearly 50 crores Rupees of payment is likely to be struck of spaze (nearly 10 lacs demand from each aptt. x 500 flats = 50 Crores).

This is a large enough sum for builder to act for taking OC and providing basic services like water, electricity etc. Once we pay up there is no incentive for them to act....!!!

It will only be upto us to form a RWA and fight for our case with Govt Depat and spaze. Which will be a daunting task.

 

Warm Regards,

 

(Vikas Kumar)

 

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                                                 Draft of my Mail sent on 15th January

 Dear Friends,

I have received the Demand letter for my Appt. and after having gone through the Undertaking and the points mentioned by Mr. Punj, I am of opinion that Permissive possession should only be offered to people interested in taking it.

Letter clearly mentions that this offer of Permissive possession is only to take payments from us and that it has no relevance to the Actual handing over of the flat.

Please bear following points in mind apart form 10% increased Area justification:-

1) Going logically legal will not hamper project. I mean let us fight for the very purpose of Permissive possession and nothing else, that is - its timing should be at Offer of possession, once O.C. is obtained.

This can and be the first point of legality with M/s. Spaze, which will not effect any one. Let us be clear once we pay, Spaze will have no interest in seeking O.C.

2) We will end up filling their coffer endlessly as maintenance charges without getting any Physical possession.

3) Clause 8 clearly states that we have no intention of occupying the flat and that its physical possession is yet to be given. Then why are we paying, as per Buyer Builder agreement we were supposed to pay final payment only on possession.

4) The Electrification charges put up in demand note says Cost of Transformers, substations etc and not the additional cost. What this means is that there was no cost taken into consideration at the time of sale, than how these facilities were promised.

5) as per clause 27 we forfeit our right for delayed penalty which should be upto possession not permissive possession.

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Regards,
Vikas Tandon

[sarv punj]

Dear Mr.Vikas,

I also feel that Spaze should give us written assurance that they will be responsible for any legal issues or departmental action in the absence of OC. They should also omit some of the clauses in the undertaking which relate to physical possession. Instead they should say that for all intents and purposes the apartment has been handed over to the owner except that the Registration will be done on receipt of OC for which Spaze will do their best to expedite. I even suggest that we should make Spaze to agree on 50% of payment now and the balance on receipt of OC. 

Mr Vikas, you will agree that many allotees are worried that having made 95% payment going into litigation will greatly delay the possession of apartments. Some are paying heavy rents and loan installments who need to live in their own cherished abode. Thus there are conflicting views.

Here again, the provision of services viz electricity and water are going to cost a lot. Spaze should provide these at subsidized rates if not matching government tariffs. 

I think we all should meet again and take a thoroughly considered decision

I had spoken to Mr Gautam , our coordinator who agreed that we should meet on coming Saturday and and have a final meeting with Spaze to come to a conclusion.

This is Spaze's first residential project and their reputation is equally at stake. Hopefully they should agree to a viamedia on give and take basis.

Keeping my fingers crossed.

Punj

[sarv punj]

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[sarv punj]