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** Enhanced EDC Stayed by High Court **

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PRANAYAM EDC increase

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Re: PANAYAM EDC rise

Postby amitabhkr55 » Wed Oct 19, 2011 9:58 am

Dear Friends,

I think besides lodging protests for enhanced EDC rise with individual builders we should also collect information about the rate of EDC being charged by HUDA in other cities of Haryana. It appears that rate of EDC in Nehar paar area is much more than other cities of Haryana. As per my information EDC in Manesar is Rs 120/- per sq ft and Gurgaon it is Rs 150/- per sq ft in spite of the fact that the land rates would be much more in Gurgaon. Whereas we are being asked to pay Rs 235/- per sq ft. This information can be brought to the notice of Hon'ble Punjab and haryana High Court where we have filed a writ petition. This might help in obtaining the stay.

Amitabh
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Re: PANAYAM EDC rise

Postby Jiten Goswami » Wed Oct 19, 2011 12:35 pm

Dear Members,

I have received the standard response from Puri Constructions with an extra document "Computation of EDC".

It seems that they are reading between the lines of the response we have sent as they are emphasizing on the point of making a payment as per their deadlines and completely ingoring our request of defering the payment request until we receive the Hon'ble court judgement.

Members, please share a strategy on the same soon as festive season is round the corner. We all have to strategize and execute our plan ASAP to avoid any interest levied by builder.

Regards,
Jiten.
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Re: PANAYAM EDC rise

Postby Seadog » Wed Oct 19, 2011 1:16 pm

Friends

It is quite obvious from the HUDA letter (kindly supplied by Mr.Sazawal) that the builders cannot apply for the Completion/Occupation certificate unless they pay the entire amount upfront to HUDA for the enhanced EDC. So it is apparent that all builders who are close to completion (Puri Constructions being one of them) need to keep the amount ready irrespective of the Court judgement which may or may not be decided on 1st Nov.
In view of above it is unlikely that Puri Constructions will relent on deferring the payment unless they pay from their pocket and collect it later from their customers. We need to request Puri Construction to pay from their pocket with our assurance that we will honour our commitment in due course.

The better way would be to ask our lawyer to enhance his arguments utilising the points suggested by Amitabh of HUDA using different rates for Neharpar vis-vis Gurgaon / Manesar despite Neharpar being the most neglected of the two. Also it would help if our lawyer could attract the court's attention to some sort of media coverage highlighting the negligence of Neharpar area by the authorities and the suffering of thousands of end-users. I wonder if any of us has sent the appeal to CM Haryana as discussed earlier? That could have a positive bearing on getting a stay also.

Regards
K.S.Majithia
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Re: PANAYAM EDC rise

Postby rajdhuru » Wed Oct 19, 2011 1:39 pm

My details are as follows:

Raj Dhuru
Flat no. D1/901 Puri Prayanam
contact number 9818069673
Present location : Gurgaon
e-mail raj.dhuru@gmail.com
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Re: PANAYAM EDC rise

Postby amitabhkr55 » Wed Oct 19, 2011 1:43 pm

The possibility of M/s Puri Constructions agreeing to the suggestion to pay EDC from their pocket is very remote. The best way is to obtain stay from the court and we should fight it out in the court with full force.
Amitabh
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Re: PANAYAM EDC rise

Postby mlals19 » Wed Oct 19, 2011 6:07 pm

Dear All
As pointed by an esteemed dear member Mr Maathia HUDA has to apply uniform rate of EDC @ at all locations .Therefore we need to find that .There must be no discrimination. Constitution does not permit that. Also we have to make an appraisal of the breakdown provided by Puri Construction by seeking help of Revenue Expert. We must not hesitate to send a petition to Chief Minister of Haryana for seeking his intervention provided it does not lead to contempt of court because of pending petition in the Court. Demand of Puri Construction at this junction when the petition is being discussed in Court may be illegal [subjudice].I wonder if it is legally permitted to proceed in this way.
Regards
Makhan Lal Sazawal
email:mlals19@yahoo.com
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Re: PANAYAM EDC rise

Postby Nibha28 » Wed Oct 19, 2011 7:57 pm

Friends,

I think most of us who had sent letters to Puri must have got their standard response along with docs asked (EDC notification and EDC computation). Can we argue our case with Puri more ?Do we need a legal opinion now? Can members share their view so that we act fast.
Does any one have contacts with other project investors to get sense of how they are others proceeding? Let's put our best energies to get this moving.
Can we decide on a date to respond on this?

Saraswati
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Re: PANAYAM EDC rise

Postby amitabhkr55 » Wed Oct 19, 2011 11:13 pm

In my view we can get relief only for the court. We should be able to convince the court that HUDA is looting the poor investors. We should tell the court that HUDA has collected crores of Rupees as EDC charges but no development has been done. Now the cost has increased and HUDA is penalising investors for their own fault. Besides, EDC charges in Nehar paar area are much more as compared to other cities of Haryana (subject to verification)

We should also try to associate builders with us in our fight against HUDA for enhanced EDC rise and lack of development because they are also loosing business and money.

We should also send representations to CM and other officers althoug I have no hope from the govt. The govt. works only under coercion of courts. But we can try. I do ot know whether this will amount to contempt because the matter is subjudice. We can take legal opinion on this.

We should also have the views of the core group about their planning and strategy for the two issues i.e. enhanced EDC rates and development.
Amitabh
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Re: PANAYAM EDC rise

Postby mlals19 » Thu Oct 20, 2011 5:03 am

Dear Esteemed Member
I am in agreement with your views. Based on your suggestions my inference is listed below:
1. We must engage a lawyer if we don’t receive any relief from expected Court decision of 1st November,2011...
2. We must impose confidence in Puri Construction and keep them informed.
3. All Unit Holders are presumed to have paid EDC in time but delayed execution of ED is not a default committed by us.
4. Apparently HUDA is responsible for causing delay in execution and the onus of escalation in the cost of ED falls on HUDA .
5. Interest earned on our unutilized moneys of ED has been earned by the concerned party /parties and we have not been provided with any relief .Consequently escalation of ED Cost has to be absorbed by HUDA.
6. The aforementioned factors absolves us of additional EDC proposed to be charged on us.
7. Submitting a petition to CM may yield some advantage.
With regards
sincerely
Makhan Lal Sazawal
Email:admin@sazawal.com
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Re: PANAYAM EDC rise

Postby Nibha28 » Thu Oct 20, 2011 11:47 am

Does any one have a clue on latest from core team? Do we engage a lawyer even before hearing of 1st nov. Meanwhile, what we tell Puri? Is a meeting required after consultation with core team? Any taker for initiating representation on behalf of Prayanam?
Friends, let's split time and task(s) so that there is no wastage of time and resources. I am available.
Saraswati
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Re: PANAYAM EDC rise

Postby amitabhkr55 » Thu Oct 20, 2011 1:02 pm

We need not engage a separate lawyer. We have to pursue the original WP filed by the GFWA. I have provided only the inputs which, I feel, would be in our favour and should be brought to the notice of the court.
Amitabh
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Re: PANAYAM EDC rise

Postby Jiten Goswami » Thu Oct 20, 2011 3:02 pm

Dear Members,

I am in for all the assistance required for this cause.

Do let me know the action items and I would follow it accordingly.

Regards,
Jiten.
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Re: PANAYAM EDC rise

Postby tkvarshney » Fri Oct 21, 2011 4:17 pm

I received a call from Puri Constructions (Surya), in response to the letter I have sent to them..

He tried to convince me to pay the EDC charges as it will impact the offer of possession. I asked him what builders are doing to protest for the rise in EDC as there is no development in area, and due to this they will find it difficult to selll their new projects. He said they cannot do much about this but will return back the EDC charges if the same is reversed by the govt if it happens after court decision.


Friends please suggest what you all are doing. Getting ready to pay the EDC demand?
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Re: PANAYAM EDC rise

Postby Nibha28 » Fri Oct 21, 2011 7:29 pm

Dear Varshney/members,

I too received the call from him suggesting the same and my response was very similar. I did tell him that I am in no mood to pay EDC and want to wait for the court hearing.
I think, we should jointly, press for a date extension.
Hope, others agree and we are able to send a common message.

More views?

Saraswati
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Re: PANAYAM EDC rise

Postby mlals19 » Fri Oct 21, 2011 9:04 pm

Dear Members
PLease review the attachment related to other Builder complex [BPTP].They have provided breakdown of EDC .
Does it apply to us ?
sincerely
Makhan Lal sazawal
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