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Same Calculation To Be Done For The Resale Buyers.: 1. Delay in Possession Compensation - This Is Go in HRERA

1. The members of the Complainant Association paid considerable amounts starting in March 2012 for apartments under a Buyers Agreement dated March 16, 2012 but have not received possession as scheduled, with delays ranging from 34 months. 2. The document outlines issues with delayed possession, cost escalation, basement charges, an undelivered clubhouse, excessive CAM charges relative to facilities, EDC/IDC fees, sewage disposal and STP issues, inadequate electrification, potential overcharging of GST, and poor construction quality. 3. The association is seeking remedies including possession, interest for delay, compensation for undelivered amenities, refund of overcharged amounts, structural audits, and involvement of regulatory authorities on issues

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Ananya Patil
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165 views9 pages

Same Calculation To Be Done For The Resale Buyers.: 1. Delay in Possession Compensation - This Is Go in HRERA

1. The members of the Complainant Association paid considerable amounts starting in March 2012 for apartments under a Buyers Agreement dated March 16, 2012 but have not received possession as scheduled, with delays ranging from 34 months. 2. The document outlines issues with delayed possession, cost escalation, basement charges, an undelivered clubhouse, excessive CAM charges relative to facilities, EDC/IDC fees, sewage disposal and STP issues, inadequate electrification, potential overcharging of GST, and poor construction quality. 3. The association is seeking remedies including possession, interest for delay, compensation for undelivered amenities, refund of overcharged amounts, structural audits, and involvement of regulatory authorities on issues

Uploaded by

Ananya Patil
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1.

Delay in possession compensation – This is go in HRERA


Same calculation to be done for the resale buyers.
The date of signing the Buyers Agreement (hereinafter referred to as “the BA”) is
16.3.2012. The members of the Complainant Association, despite having paid a
considerable amount ranging from March 2012......................
to .................................of the payment against the total Consideration under the BA,
have not been delivered the possession of the apartment as per the delivery
schedule provided in the BA.
Date of Promise Offer of Actual Actual Delay
BBA Date (A + Possession Possessio in Months
  -----A----- 36 + 6 Date n Date (D-C)
Months) ----C---- ----D----
  ---B----
Delay in 16-Mar-
1
Possession 12 16-Sep-15 25-Sep-17 06-Jul-18 34 Months
Calculation as per the BBA
Months Rate/sft Flat Area Total Due

First 6 10 1428 85,680

Second 6 20 1428 1,71,360

Onwards 22 30 1428 9,42,480

34     11,99,520

Refer Page 14 of BBA


2. Cost Escalation – THIS WILL GO IN HRERA
Rohit Sood to include the working as per the CPWD index applicable on the date of cost
escalation notice.
3. Basement charges – IT WILL GO IN HRERA
TO REFER BELOW AND ADD THE SAME IN THE PRAYER -
1. Occupation certificate is required that states the basement as storage
2. And have to refer Haryana building by laws document, where it is mentioned that
basement if used a storage/ parking etc will not be covered in FAR calculation

Building bye law – Haryana – page link


https://tcpharyana.gov.in/Notifications_Judgements/The_Haryana_Building_Code_2
017.pdf
Refer page 6

Mr Kohli – to do RTI and Deed of declaration


4. Club house not delivered – IT WILL GO IN HRERA
Seeking compensation in the form of interest @ 18% on the amount paid.

Below is the agreement screenshot. Where Rs 2 lacs is charged by builder

@ Mr Kohli – To get RTI filed to understand what builder has declared in the layout in DTCP

Page 31 of BBA
5. Exorbitant CAM charges viz-a-viz facilities provided – CM WINDOW, BAZ

STP issues will be highlighted in CM window and concerned department. If not built,
How OC is issued by the builder?

@ RTI to be filed by Kuldeep Sir

No play area for kids/ Security concerns/ Low rise township with no lifts/ No garden or
walkway.

Email/Letter/Invoices. Shall share the calculation signed by RWA and BPTP/BPMS


6. EDC IDC - RTI to be filed by lawyer.
7. STP – Page number 10 of BBA
How OC is issued, Lawyer to raise this in relevant department basis RTI filing
Add photo and video of sewage disposal

8. Electrification 11 KVA and Prepaid Metering – RTI and CAM cannot be part of Prepaid
metering only CAE is part of Prepaid.
Action – Mr Kohli to send notice to builder as a response on email sent by the builder.

9. GST Anti profiteering – THIS WILL GO TO GST COUNCIL, EXCISE AND TAXATION
DEPARTMENT. REFUND IS APPLICABLE
Mr Kohli to arrange meeting/RTI from GST department
He will also refer to the judgement of previous case.
Submission letter of CA of BPTP

GST Calculation:
GST Chrgd in CGST/SGS
Sep'17 Taxable GST Rate T
8,68,875 12% 1,04,265
4,74,353 12% 56,922
1,60,583 18% 28,905
1,50,000 18% 27,000
16,53,81
2,17,092
1  
If delivery on time then below Service Tax would applied  
Service Tax Rate 14.5% in Nov-15 (due on 25% of the payment)
Taxable CGST/SGS
Taxable 25% GST Rate T
8,68,875 2,17,219 14.5% 31,497
4,74,353 1,18,588 14.5% 17,195
1,60,583 40,146 14.5% 5,821
1,50,000 37,500 14.5% 5,438
16,53,81
59,951
1 4,13,453  
Excess amount paid by us due to delay from BPTP side 1,57,142

10. Poor quality of construction – THIS WILL GO TO HRERA

Structural audit to be done


Lawyer to assist us in arranging a Chartered Engineer from RERA
Images to be shared for the same

Non Financial

1. Security concerns

2. Connectivity of the society

3. Insufficiency of services –

4. Non delivery as against promised project - Club, playground, fire safety, common facilities for
guards, shuttle service, golf carts, swimming pool, GYM, daily need shop, Milk booth, ATM, School
etc.

Documents required from owners –

1. BBA
2. Fit out letter
3. Occupation certificate
4. Payment receipt
5. Email exchanged
6. Registration certificate

Important documents related to case –

1. BPTP LC copy
2. EDC IDC details
3. Occupation certificate
4. Layout plan of the site
5. Brochure
6. Fire safety approval
7. STP non-payment proof

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