ML Lahoty Response
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Narinder Aggarwal
Sep 15, 2011, 9:06:11 AM9/15/11
to unitech_verve
Gentlemen,
I have contacted Mr. M.L Lahoty regarding launching complaint viz
unitech and below details his response.
In my opinion if we can get 10 people or more in the goup then we can
combine to share the costs. At first glance the costs seem high but we
need to consider
a. That we are getting the top advocate and authority in the country
with reference to CCI cases
b. That on interest clause alone we intend to gain more than any
contribution
c. That we can choose to decide another or no course of action, then
we will ask ourselves what if
Anyway. That is only my opinion. Look forward to other comments. There
is a saying " Jab ukhal mein sar diya to ghabrana kiya".
Full reply for your consideration below and await your reponses at the
earliest.
Regards
Narinder Aggarwal
________________________________________________________________________________-
Dear Mr. Agarwal,
I have gone through your mail and your Agreement with Unitech. Prima-
facie I am of the view that your case is substantially covered by the
Order of the Competition Commission of India dated 12th August, 2011
rendered in The Belaire Owner’s Association Vs. M/s. DLF Ltd.
Although you have indicated a few clauses, which are abusive and
unfairly incorporated by Unitech to put you on disadvantage, there are
many other clauses which have been declared illegal by the Competition
Commission in the DLF’s case. The discriminatory clause of
interest, namely, clause 2 by which Unitech has authorized itself to
charge 18% in case of your default whereas under clause 4 for its own
default it unilaterally decided to pay you only 10% interest.
Moreover, your liability of interest is compounded quarterly,
Unitech’s liability is only simple interest. Similarly, Time is made
the essence only regarding your obligation of payment of installments,
while there is no corresponding obligation of Unitech to complete the
project and hand over the possession. Further Unitech arbitrarily
authorizes itself to forfeit the booking amount or earnest money. The
refund of amount to Allottee is also unfair as no interest would be
payable by Unitech.
Equally, illegal and unfair clause of PLC where the refund to
Allottees without any interest in case of change in Layout. Unitech
further has absolute discretion to alter the Layout, plan and design
which would be final and binding on the Allottee, which has neither
any knowledge, nor has consented to such alterations.
The draconian provision also pertains to the right over the common
area. As the Allottees have paid for the common area, Unitech has no
right or authority any more on the common areas. However, it has kept
the right to itself for utilizing and carrying out necessary
activities on the said common area, which is legally impermissible.
There are clauses like holding charges, management of the club,
maintenance, etc., which have also been already declared illegal by
the Competition Commission in DLF’s case.
In the said premises, I am of the view that a petition must be filed
before the Competition Commission of India asking for action against
Unitech including refund of entire amount with at least 18% interest
for the default of Unitech in timely completing the project and
handing over the apartment.
The Petition needs to be prepared after further deliberation and
discussion on the subject.
As regards our charges, our normal lump-sum professional charges is to
the tune of Rs.7.50 lacs alongwith reimbursement and other misc.
expenses, which will be additionally payable.
With regards.
[M.L. LAHOTY]
Advocate,
Supreme Court of India
B-11, Sagar Apartments
India Gate, New Delhi.
________________________________________
From: Narinder Aggarwal <nmagg...@hotmail.com>
To: ml_l...@yahoo.co.in
Sent: Thu, 15 September, 2011 1:20:09 PM
Subject: FW: Unitech Verve - Consumer complaint
Forward to correct email address.
From: Narinder Aggarwal [mailto:nmagg...@hotmail.com]
Sent: 14 September 2011 16:18
To: 'ml_l...@now-india.com'
Subject: Unitech Verve - Consumer complaint
Dear Sir,
With reference to my telephone call a couple of days back, attached is
text copy of signed agreement with Unitech relating to project Unitech
verve, Sector Pi 2, Great Noida. I co-own Tower 3 Apptt. 401 with my 2
sons. Total Sq. ft. 1785 @ Rs. 3350 p.s.f. with additional expenses
making total of app. 67 Lacs.
Main issues are:
a. Time bound payments and not construction linked. Penultimate
payment made Nov. 2009 and penalty clause of £ 5.00 p.s.f ( app. Rs
9000 p.m. on investment of 60 Lacs eq. top 2% ) kicked in June 2010 in
my case as adjustment in final payment on completion, whenever that
is.
b. Unitech has increased the floor areas in other projects to
claw back additional monies from clients.
c. Unitech charges penalty of 18% on any amount overdue or
delayed.
Can we have relief either
i. Refund of full amount paid with full market
interest or 18% as charged by Unitech
ii. Have penalty clause uplifted to either market
rates or 18% as charged by Unitech from clients.
As time was the essence in the completion of this project, Unitech has
not kept to it’s part of the bargain on completion dates of the
project and on top further causing significant loss to the investors
by paying unfair compensation for the delay.
As discussed, please let us know if any complaint is viable under
Consumer Protection Act. Complaint will be submitted either in my
personal capacity or joining with other 5 members of the group. If you
can please kindly give us some indication of the costs involved in
either case.
Thanks for your time and await your response in earnest.
Regards
Narinder Aggarwal
I have contacted Mr. M.L Lahoty regarding launching complaint viz
unitech and below details his response.
In my opinion if we can get 10 people or more in the goup then we can
combine to share the costs. At first glance the costs seem high but we
need to consider
a. That we are getting the top advocate and authority in the country
with reference to CCI cases
b. That on interest clause alone we intend to gain more than any
contribution
c. That we can choose to decide another or no course of action, then
we will ask ourselves what if
Anyway. That is only my opinion. Look forward to other comments. There
is a saying " Jab ukhal mein sar diya to ghabrana kiya".
Full reply for your consideration below and await your reponses at the
earliest.
Regards
Narinder Aggarwal
________________________________________________________________________________-
Dear Mr. Agarwal,
I have gone through your mail and your Agreement with Unitech. Prima-
facie I am of the view that your case is substantially covered by the
Order of the Competition Commission of India dated 12th August, 2011
rendered in The Belaire Owner’s Association Vs. M/s. DLF Ltd.
Although you have indicated a few clauses, which are abusive and
unfairly incorporated by Unitech to put you on disadvantage, there are
many other clauses which have been declared illegal by the Competition
Commission in the DLF’s case. The discriminatory clause of
interest, namely, clause 2 by which Unitech has authorized itself to
charge 18% in case of your default whereas under clause 4 for its own
default it unilaterally decided to pay you only 10% interest.
Moreover, your liability of interest is compounded quarterly,
Unitech’s liability is only simple interest. Similarly, Time is made
the essence only regarding your obligation of payment of installments,
while there is no corresponding obligation of Unitech to complete the
project and hand over the possession. Further Unitech arbitrarily
authorizes itself to forfeit the booking amount or earnest money. The
refund of amount to Allottee is also unfair as no interest would be
payable by Unitech.
Equally, illegal and unfair clause of PLC where the refund to
Allottees without any interest in case of change in Layout. Unitech
further has absolute discretion to alter the Layout, plan and design
which would be final and binding on the Allottee, which has neither
any knowledge, nor has consented to such alterations.
The draconian provision also pertains to the right over the common
area. As the Allottees have paid for the common area, Unitech has no
right or authority any more on the common areas. However, it has kept
the right to itself for utilizing and carrying out necessary
activities on the said common area, which is legally impermissible.
There are clauses like holding charges, management of the club,
maintenance, etc., which have also been already declared illegal by
the Competition Commission in DLF’s case.
In the said premises, I am of the view that a petition must be filed
before the Competition Commission of India asking for action against
Unitech including refund of entire amount with at least 18% interest
for the default of Unitech in timely completing the project and
handing over the apartment.
The Petition needs to be prepared after further deliberation and
discussion on the subject.
As regards our charges, our normal lump-sum professional charges is to
the tune of Rs.7.50 lacs alongwith reimbursement and other misc.
expenses, which will be additionally payable.
With regards.
[M.L. LAHOTY]
Advocate,
Supreme Court of India
B-11, Sagar Apartments
India Gate, New Delhi.
________________________________________
From: Narinder Aggarwal <nmagg...@hotmail.com>
To: ml_l...@yahoo.co.in
Sent: Thu, 15 September, 2011 1:20:09 PM
Subject: FW: Unitech Verve - Consumer complaint
Forward to correct email address.
From: Narinder Aggarwal [mailto:nmagg...@hotmail.com]
Sent: 14 September 2011 16:18
To: 'ml_l...@now-india.com'
Subject: Unitech Verve - Consumer complaint
Dear Sir,
With reference to my telephone call a couple of days back, attached is
text copy of signed agreement with Unitech relating to project Unitech
verve, Sector Pi 2, Great Noida. I co-own Tower 3 Apptt. 401 with my 2
sons. Total Sq. ft. 1785 @ Rs. 3350 p.s.f. with additional expenses
making total of app. 67 Lacs.
Main issues are:
a. Time bound payments and not construction linked. Penultimate
payment made Nov. 2009 and penalty clause of £ 5.00 p.s.f ( app. Rs
9000 p.m. on investment of 60 Lacs eq. top 2% ) kicked in June 2010 in
my case as adjustment in final payment on completion, whenever that
is.
b. Unitech has increased the floor areas in other projects to
claw back additional monies from clients.
c. Unitech charges penalty of 18% on any amount overdue or
delayed.
Can we have relief either
i. Refund of full amount paid with full market
interest or 18% as charged by Unitech
ii. Have penalty clause uplifted to either market
rates or 18% as charged by Unitech from clients.
As time was the essence in the completion of this project, Unitech has
not kept to it’s part of the bargain on completion dates of the
project and on top further causing significant loss to the investors
by paying unfair compensation for the delay.
As discussed, please let us know if any complaint is viable under
Consumer Protection Act. Complaint will be submitted either in my
personal capacity or joining with other 5 members of the group. If you
can please kindly give us some indication of the costs involved in
either case.
Thanks for your time and await your response in earnest.
Regards
Narinder Aggarwal
Sandeep Verma
Sep 15, 2011, 11:11:53 AM9/15/11
to unitec...@googlegroups.com, unitech_verve
Mr Agarwal,
I am with you on this.We have 17 members in this forum so per member this works out to approx. 45k ....The only thing we need to consider is how long this battle is going to be so that we are all mentally prepared for it and dont jump into it expecting miracles from day 1.
Cheers,
Sandeep
Sent from my iPad
Bill Baladi
Sep 15, 2011, 11:17:05 AM9/15/11
to Unitech Group
I certainly agree with all of you who are in favor of legal action. I do not think the legal cost is going to be astronomical. I think as the word goes around more member may come forward.
I have a question if any one of you can help me answer. Is any one paying EMI for bank loan? Do we have to keep paying even if the Unitech does not deliver the flats?
Any guidance will be greatly appreciated.
Regards
Inder Balodi
I have a question if any one of you can help me answer. Is any one paying EMI for bank loan? Do we have to keep paying even if the Unitech does not deliver the flats?
Any guidance will be greatly appreciated.
Regards
Inder Balodi
> CC: unitec...@googlegroups.com
> From: vermasa...@gmail.com
> Subject: Re: ML Lahoty Response
> Date: Thu, 15 Sep 2011 20:41:53 +0530
> To: unitec...@googlegroups.com
> From: vermasa...@gmail.com
> Subject: Re: ML Lahoty Response
> Date: Thu, 15 Sep 2011 20:41:53 +0530
> To: unitec...@googlegroups.com
Jatin Agarwal
Sep 15, 2011, 4:52:50 PM9/15/11
to unitec...@googlegroups.com
I am in for legal action whatever may be the cost.
Narinder Aggarwal
Sep 20, 2011, 10:01:15 AM9/20/11
to unitec...@googlegroups.com
I am setting aside minimum Rs. 1 lac for legal action against unitech to be initiated by 30th October at the latest.. I hope if ten or more fellow travellers agree to join we can have the best representation there is in india. Otherwise, other options are there.
A. for illegal/invalid clauses in the agreement to be set aside. So they do not come and bite us in the future.
B. For market value penalty clause to be instated to 15 ~18% or full refund of capital with interest.
Regards and await opinions.
Bill Baladi
Sep 20, 2011, 10:13:55 AM9/20/11
to Unitech Group
I am fine with any options that the group is willing to take. I agree with your idea that we will file legal complaint after meeting with Unitech on Oct. 15th.
Please keep me posted.
Regards,
Inder
Date: Tue, 20 Sep 2011 15:01:15 +0100
Subject: Re: ML Lahoty Response
Somnath Sarkar
Sep 23, 2011, 9:29:25 PM9/23/11
to unitech_verve
Dear all,
Thanks for the google group. It's easier to track the mail chains now.
But I did observe that mail exchange has dropped in the last 3-4 days.
I hope we are not loosing out any mails.
Regarding the legal option - I fully agree to take that route to see a
faster progress.
I saw a question raised by Mr Inder Balodi regarding EMI payment to
bank - I am paying EMI everymonth (astronomical though) and have
checkd with my bank. From a bank's point of view, they have disbursed
the amount to Unitech when we purchased the flat. They are just
recovering from us thru EMIs. Unless the company goes bankrupt or
there are other legal orders to banks for recovering their amount in
other ways, I guess we have to keep paying the EMIs. :((
Cheers
Somnath Sarkar
On Sep 20, 10:13 pm, Bill Baladi <bmi2...@live.com> wrote:
> I am fine with any options that the group is willing to take. I agree with your idea that we will file legal complaint after meeting with Unitech on Oct. 15th.
>
> Please keep me posted.
>
> Regards,
> Inder
>
> >> > > From: Narinder Aggarwal <nmaggar...@hotmail.com>
> >> > > To: ml_lah...@yahoo.co.in
> >> > > Narinder Aggarwal- Hide quoted text -
>
> - Show quoted text -
Thanks for the google group. It's easier to track the mail chains now.
But I did observe that mail exchange has dropped in the last 3-4 days.
I hope we are not loosing out any mails.
Regarding the legal option - I fully agree to take that route to see a
faster progress.
I saw a question raised by Mr Inder Balodi regarding EMI payment to
bank - I am paying EMI everymonth (astronomical though) and have
checkd with my bank. From a bank's point of view, they have disbursed
the amount to Unitech when we purchased the flat. They are just
recovering from us thru EMIs. Unless the company goes bankrupt or
there are other legal orders to banks for recovering their amount in
other ways, I guess we have to keep paying the EMIs. :((
Cheers
Somnath Sarkar
On Sep 20, 10:13 pm, Bill Baladi <bmi2...@live.com> wrote:
> I am fine with any options that the group is willing to take. I agree with your idea that we will file legal complaint after meeting with Unitech on Oct. 15th.
>
> Please keep me posted.
>
> Regards,
> Inder
>
> Date: Tue, 20 Sep 2011 15:01:15 +0100
> Subject: Re: ML Lahoty Response
> From: aggarwa...@gmail.com
> Subject: Re: ML Lahoty Response
> To: unitec...@googlegroups.com
>
> I am setting aside minimum Rs. 1 lac for legal action against unitech to be initiated by 30th October at the latest.. I hope if ten or more fellow travellers agree to join we can have the best representation there is in india. Otherwise, other options are there.
> A. for illegal/invalid clauses in the agreement to be set aside. So they do not come and bite us in the future.
> B. For market value penalty clause to be instated to 15 ~18% or full refund of capital with interest.
> Regards and await opinions.
>
> I am setting aside minimum Rs. 1 lac for legal action against unitech to be initiated by 30th October at the latest.. I hope if ten or more fellow travellers agree to join we can have the best representation there is in india. Otherwise, other options are there.
> A. for illegal/invalid clauses in the agreement to be set aside. So they do not come and bite us in the future.
> B. For market value penalty clause to be instated to 15 ~18% or full refund of capital with interest.
> Regards and await opinions.
> On Sep 15, 2011 9:52 PM, "Jatin Agarwal" <jatin.agra...@gmail.com> wrote:
>
>
>
> > I am in for legal action whatever may be the cost.
>
>
>
>
> > I am in for legal action whatever may be the cost.
>
> > On Thu, Sep 15, 2011 at 8:47 PM, Bill Baladi <bmi2...@live.com> wrote:
>
> >> I certainly agree with all of you who are in favor of legal action. I do
> >> not think the legal cost is going to be astronomical. I think as the word
> >> goes around more member may come forward.
>
> >> I have a question if any one of you can help me answer. Is any one paying
> >> EMI for bank loan? Do we have to keep paying even if the Unitech does not
> >> deliver the flats?
>
> >> Any guidance will be greatly appreciated.
>
> >> Regards
>
> >> Inder Balodi
>
> >> > CC: unitec...@googlegroups.com
> >> > From: vermasandee...@gmail.com
>
> >> I certainly agree with all of you who are in favor of legal action. I do
> >> not think the legal cost is going to be astronomical. I think as the word
> >> goes around more member may come forward.
>
> >> I have a question if any one of you can help me answer. Is any one paying
> >> EMI for bank loan? Do we have to keep paying even if the Unitech does not
> >> deliver the flats?
>
> >> Any guidance will be greatly appreciated.
>
> >> Regards
>
> >> Inder Balodi
>
> >> > CC: unitec...@googlegroups.com
> >> > Subject: Re: ML Lahoty Response
> >> > Date: Thu, 15 Sep 2011 20:41:53 +0530
> >> > To: unitec...@googlegroups.com
>
> >> > Mr Agarwal,
>
> >> > I am with you on this.We have 17 members in this forum so per member this
> >> works out to approx. 45k ....The only thing we need to consider is how long
> >> this battle is going to be so that we are all mentally prepared for it and
> >> dont jump into it expecting miracles from day 1.
>
> >> > Cheers,
> >> > Sandeep
>
> >> > Sent from my iPad
>
> >> > On Sep 15, 2011, at 6:36 PM, Narinder Aggarwal <aggarwa...@gmail.com>
> >> > Date: Thu, 15 Sep 2011 20:41:53 +0530
> >> > To: unitec...@googlegroups.com
>
> >> > Mr Agarwal,
>
> >> > I am with you on this.We have 17 members in this forum so per member this
> >> works out to approx. 45k ....The only thing we need to consider is how long
> >> this battle is going to be so that we are all mentally prepared for it and
> >> dont jump into it expecting miracles from day 1.
>
> >> > Cheers,
> >> > Sandeep
>
> >> > Sent from my iPad
>
> >> wrote:
>
> >> > > Gentlemen,
>
> >> > > I have contacted Mr. M.L Lahoty regarding launching complaint viz
> >> > > unitech and below details his response.
>
> >> > > In my opinion if we can get 10 people or more in the goup then we can
> >> > > combine to share the costs. At first glance the costs seem high but we
> >> > > need to consider
>
> >> > > a. That we are getting the top advocate and authority in the country
> >> > > with reference to CCI cases
> >> > > b. That on interest clause alone we intend to gain more than any
> >> > > contribution
> >> > > c. That we can choose to decide another or no course of action, then
> >> > > we will ask ourselves what if
>
> >> > > Anyway. That is only my opinion. Look forward to other comments. There
> >> > > is a saying " Jab ukhal mein sar diya to ghabrana kiya".
>
> >> > > Full reply for your consideration below and await your reponses at the
> >> > > earliest.
>
> >> > > Regards
>
> >> > > Narinder Aggarwal
>
> >> ________________________________________________________________________________-
>
> >> > > Gentlemen,
>
> >> > > I have contacted Mr. M.L Lahoty regarding launching complaint viz
> >> > > unitech and below details his response.
>
> >> > > In my opinion if we can get 10 people or more in the goup then we can
> >> > > combine to share the costs. At first glance the costs seem high but we
> >> > > need to consider
>
> >> > > a. That we are getting the top advocate and authority in the country
> >> > > with reference to CCI cases
> >> > > b. That on interest clause alone we intend to gain more than any
> >> > > contribution
> >> > > c. That we can choose to decide another or no course of action, then
> >> > > we will ask ourselves what if
>
> >> > > Anyway. That is only my opinion. Look forward to other comments. There
> >> > > is a saying " Jab ukhal mein sar diya to ghabrana kiya".
>
> >> > > Full reply for your consideration below and await your reponses at the
> >> > > earliest.
>
> >> > > Regards
>
> >> > > Narinder Aggarwal
>
> >> > > To: ml_lah...@yahoo.co.in
> >> > > Sent: Thu, 15 September, 2011 1:20:09 PM
> >> > > Subject: FW: Unitech Verve - Consumer complaint
>
> >> > > Forward to correct email address.
>
> >> > > Subject: FW: Unitech Verve - Consumer complaint
>
> >> > > Forward to correct email address.
>
>
> - Show quoted text -
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