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** Enhanced EDC Stayed by High Court **

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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby dheerajjain » Sun May 05, 2013 10:49 am

@Anshuman, please note EDC is not a charge by builder, it is a charge by DTCP. Builders just act as funds collector for DTCP with respect to EDC. High Court has given a stay order and this is applicable to all builders in Haryana. GFWA had already written to DTCP for issuing necessary instructions to builders.

@All, please note Haryana Govt. has engaged group of topmost lawyers in Haryana and spending massive amount of public money to get stay vacated. GFWA is facing toughest fight and require members support to win this war. Please become a GFWA member today or renew your membership today (memberships before 2013 are expired). Follow link below:
gfwa-membership-renewal-new-registrations-2013-t1537.html
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby naveenarichwal » Sun May 05, 2013 3:30 pm

The issue raised in HT Estate that Buyers have been looted in name of EDC in Faridabad i think should be raised and brought to the notice of court and Since the misappropriated amount is huge hence a enquiry should be held into this matter.
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby Radha Raizada » Mon May 06, 2013 7:53 am

Dear All,

The STAY is on Govt. DGTCP.....................

So now GWFA should pressurize to issue a NOTIFICATION / CIRCULAR to / for all builders for 'NOT TO ISSUE DEMAND LETTERS IN THE NAME OF EEDC' or else if they don't come out with a notification then a CONTEMPT PETITION be filed accordingly.

This is the only way out to kill the evil designs of the builders demanding / collecting EEDC.

Jai Hoooooooooooo

Regards.

Raizada YVS
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby ravindermangla » Mon May 06, 2013 8:07 am

Rightly said. Government will fight tooth and nail against GFWA, and that is too with the money which we depositers have paid or rather has been looted from us. This should be brought to the notice of the Court that government has collected so much money in the name of EDC and EEDC that even if it spends 0.10 percent of that amount on fighting cases in favour of government and builders, it will hire the best brained lawyers of the country to fight against innocent allottees.

This is also correct that EDC is collected by builders for the government. And no allottee is opposed to pay the EDC. But who is deciding whether EDC/EEDC charged by builders is as per the actuals. Court should be requested to bring out a formula in respect of both the plot holders as well as floor/flat owners, at which rate they should pay the EDC/EEDC. And if the EDC/EEDC finally goes to government, why don't we pay it directly to the government? Yes all this is possible, but for this to happen, there should be some good sense and will power to do on the part of government, which I think will never be in our country.
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby jstomar » Mon May 06, 2013 12:58 pm

I m also rcvd enhance EDC demand letter from Ansal Royal Hertage last date of pyt is 15May13, plz advice us.
J S Tomar 9540943343,
jstomar79@gmail.com
Ansal Royal Heritage.

anshuman3619 wrote:Hi Everybody
First of all big thanks to GFWA and their hardships.
Today on 6th May, i recieved a demand letter from Ansal Royal Heritage for increased EDC of 1.57 Lac (100% EDC = 2 lac already paid with Service Tax). Demand Letter was dated 1st May, and it was sent via normal post since the letter was lying in letter box which i rarely check. Moreover, the due date for this payment is only 15th May. This is a sheer negligence on part of builder.
From the discussion in this forum, what i could extract is property buyers like me cannot do much since the stay is not imposed on Builders, but on the DGTCP.
Out of fear of last payment fee and intersest, buyers like me would tend to pay these charges hoping to claim back if the subsequent hearing are in our favour.
Pls fellow buyers and GFWA members, suggest me if there's any other option left.

regards
Anshuman
Annant, Ansal Royal Heritage
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby jatinderkumar » Mon May 06, 2013 1:33 pm

I believe that there is sufficient ground for not depositing the EDC with the builders since they are acting as collecting agents of DGTCP who have been asked not to do so by the esteemed court stay and a simple letter stating the fact should be enough.At the same time DGTCP should be forced to issue letters to all the builders not to collect the enhanced edc and immediately start the proceedings of cancelling their licenses if they do not adhere to it .
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby ankitv » Tue May 07, 2013 3:43 pm

Any updates on the 10th April hearing ??? :huh:
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby ajay2023 » Tue May 07, 2013 4:57 pm

anshuman3619 wrote:Hi Everybody
First of all big thanks to GFWA and their hardships.
Today on 6th May, i recieved a demand letter from Ansal Royal Heritage for increased EDC of 1.57 Lac (100% EDC = 2 lac already paid with Service Tax). Demand Letter was dated 1st May, and it was sent via normal post since the letter was lying in letter box which i rarely check. Moreover, the due date for this payment is only 15th May. This is a sheer negligence on part of builder.
From the discussion in this forum, what i could extract is property buyers like me cannot do much since the stay is not imposed on Builders, but on the DGTCP.
Out of fear of last payment fee and intersest, buyers like me would tend to pay these charges hoping to claim back if the subsequent hearing are in our favour.
Pls fellow buyers and GFWA members, suggest me if there's any other option left.

regards
Anshuman
Annant, Ansal Royal Heritage


Dear Anshuman,

Could you please tell me if builder is charging you any service tax on EDC and on which rate?

As my builder is asking for the same.

Rgds
Ajay
Rps Savana
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby ajay2023 » Tue May 07, 2013 5:00 pm

vivekhasija wrote:Dear W/C Members,

Please find attached current out of repeated demand letters for EEDC demand from OMAXE for omaxe spa vill. instead of stay order from the court for your ref. and necessary action.

With Best regards,
Vivek Hasija

Hello Vikas,

Please let me know if they are charging you any Service tax on EDC and on which rate? As my builder is asking for the same.

Rgds
Ajay
Savana
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby kb_taneja » Wed May 08, 2013 9:20 am

Dear Umesh Ji,

Any update on the hearing which was suppose to be happened on 10.4.2013.
eagerly waiting for the same.

Regards,
Kulbhushan Taneja
Ansal Royal Heritage
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby joshi » Thu May 09, 2013 12:34 am

dheerajjain wrote:@Anshuman, please note EDC is not a charge by builder, it is a charge by DTCP. Builders just act as funds collector for DTCP with respect to EDC. High Court has given a stay order and this is applicable to all builders in Haryana. GFWA had already written to DTCP for issuing necessary instructions to builders.

@All, please note Haryana Govt. has engaged group of topmost lawyers in Haryana and spending massive amount of public money to get stay vacated. GFWA is facing toughest fight and require members support to win this war. Please become a GFWA member today or renew your membership today (memberships before 2013 are expired). Follow link below:
gfwa-membership-renewal-new-registrations-2013-t1537.html



Just a thought ...
When we need to pay EDC and gov has collect the same then amount from US not from BUILDER , then why builder is there in between ?
Why cant the buyer directly deposit the amount to DTCP or whomsoever is the gov organization.Why there is no process for this .. :S :O :@
I mean just a food for thought.....
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby umesh.prabhakar1965@rediffmail.com » Thu May 09, 2013 9:26 am

Friends,

I had visited to Chandigarh to watch the proceedings pertaining to EEDC in the court in the matter of Kurukshetra Buyers Association on 08/05/2013.

Justice S K Mittal is determined to write the judgement in the favor of consumers which he has verbally told that Government has enhanced the EDC in an illegal manner and can not be justified.
Yet Justice Mittal has given time to the STATE to prove their point one more time. Now the next date of hearing is scheduled on 21/05/2013 and their are 5 cases in totality in the similar matter. i.e. EEDC.

EEDC is kept on STAY until 21/05/2013
Districts involved in the case are:

1.Faridabad, Kurukshetra, Panchkula, Panipat AND ONE MORE(I forgot). These three cases have been admitted on yesterday only.

Now on 21st there will be FIVE Private Advocates v/s STATE.

This is for the information of all.

Regards
Umesh
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby webmaster » Thu May 09, 2013 9:51 am

Thanks Umesh ji for the update.
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby ashutosh » Thu May 09, 2013 1:12 pm

Thanks umeshji for valuable info.
Regards
Ashutosh kumar
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby dheerajjain » Fri May 10, 2013 8:12 am

Thanks Umesh Ji ! Our (GFWA) case is listed on 21st May for rollback of enhancement of EDC from retrospective with the same bench. That may be a crucial day. Please become GFWA member/renew your membership (memberships before 2013 are expired) today.
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