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** Enhanced EDC Stayed by High Court **

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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby vjkaul » Thu Apr 25, 2013 8:59 pm

Dear GFWA Team Members,

If we could be updated on the refund process of the EDC paid to the developers...in my case BPTP Ltd.

Kindly advise.

VJ Kaul.
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby avasyu » Sat Apr 27, 2013 10:03 am

Dear Umeshji
As per latest update on 26 april 2013 my builder "royal heritage " sector-70, FBD has sent letters of increased EDC to some customers amounting to Rs 193000/-.kindly let us know whether the EDC has increased and if so then by how much percentage.
Regards

Vikas bhardwaj
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby dheerajjain » Sun Apr 28, 2013 6:13 am

Hi AmanKishore, VJkaul, Avasyu and Guptadeepak5000

Please note enhanced EDC is stayed by honorable High Court. If you have received demand letters for the same, then please share with GFWA working Committee at our e-mail address wc@gfwa.in or post the same to forum. Matter is already in notice of honorable High Court.

dheeraj.jain@myfaridabad.in
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby ajub » Mon Apr 29, 2013 10:13 am

Avsayu,

I have also received email for demand of enhanced EDC for ansal royal heritage. They are asking a demand of rs 216810 as increased EDC.

Dhiraj ji ,
I will send you the scanned copy one i receive the hard copy through email.

regards
amit
Ansal royal heritage
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby vivekhasija » Tue Apr 30, 2013 2:24 pm

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
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby rajeev.kmr.singh » Tue Apr 30, 2013 5:19 pm

EEDC has been stayed. You are not liable to pay. Please do reply to builder through ragistered mail refering to CWP filed in the court.
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby akash_grover » Wed May 01, 2013 8:17 am

Dear WC-GFWA
Piyush Groyp is still sending demand letters for EEDC and increased super area.
I recieved this letter on 25th apr.
As we know EEDC is stayed, is the increased super area charges also have been stayed.sincee super area was increased after 60% construction was over.

Kindly suggest
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby dheerajjain » Wed May 01, 2013 9:37 am

GFWA has already placed EEDC matter before Honorable High Court and clarity should come on next date i.e. 22 May 13. With regards to increased super area for Piyush, can you please post your query with attached demand letter in Piyush Heights Forum www.myfaridabad.in/forum/piyush-heights.html
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby Akhil_Walecha » Fri May 03, 2013 3:59 pm

But the hearing date was 10th April ( which was changed to 2nd May ). Has it been changed to 22nd May now ? No builder has got any formal notification that the EDC enhancement has been stayed by High Court, so they don't listen when we show them the news item or the discussions going on regarding this. If we don't pay, they threaten to levy interest on late payment which would cause problem during possession.

What's the solution, if the date for hearing is being moved every month?
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby BHAV » Fri May 03, 2013 5:05 pm

CIVIL WRIT PETITION 5835 of 2013

BALWAN SINGH AND ORS Vs. STATE OF HARYANA AND ORS

Pet's Adv. : PARVEEN K. KATARIA

Next Date of Hearing : 8-5-2013

Next Date of Hearing : Wednesday, May 08, 2013

Last Listed On : Thursday, May 02, 2013

List Type : Ordinary

FIR No. : NO FIR DETAILS AVAILABLE / NOT A CRIMINAL CASE



Category : HUID HARYANA((HOUSING URBAN INDL. DEVELOPMENT)

Bench for Next Hearing Dt : MR. JUSTICE SATISH KUMAR MITTAL ,MR. JUSTICE AMOL RATTAN SINGH,--- Bench Sl. No : 215

Bench for Last Hearing Dt : MR. JUSTICE SATISH KUMAR MITTAL ,MR. JUSTICE AMOL RATTAN SINGH,--- Bench Sl. No : 219

CONNECTED APPLICATION (S)
CM 6810-CWP of 2013
CM 6815-CWP of 2013
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby s1joshi » Fri May 03, 2013 5:43 pm

@Akhil : There are two cases on EDC issue, One filed by buyers from Kurukshetra Associationand another by GFWA, Date of hearing for Kurushetra case was 2nd May, For which next date of hearing is provided as 8th May.

For GFWA writ date of hearing is 22nd May.
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby Radha Raizada » Fri May 03, 2013 7:02 pm

Dear All,

There is nothing to be feeling very happy with this Stay Order. Law is simple & just Common sense.....................

The LEGAL interpretation of the STAY ORDER is very clear & loud.

All should understand that this stay is on Govt. / HUDA / DGTCP ......................... & so the builder is NOT effected till there is a NOTIFICATION / ORDER on builders.

The builder follow what DGTCP tell them. So in the absence of this order / notification from DGTCP the builder would continue to keep collecting money in the name of EEDC.

So, this fact (that the builders are still demanding EEDC) be brought to the notice of the Court to further modify the order that the Govt. / DGTCP should in-turn issue a notification to this effect / stay order or else the Court should also specify to the builders as well to stop demanding EEDC from the buters. ................................. Or else GWFA should now pressurize DGTCP to issue / release a notification to the builders in the light of this Stay Order. ............... There is no releaf to the flat buyers in the absence of this notification. :thumb:

In my opinion GWFA should start working on these lines & start chasing DGTCP.[/u][/b]

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

Postby cpthareja » Sat May 04, 2013 9:29 am

This is a good news. My builder Puri Constructions has sent me a demand letter with inflated EDC charges. What should I do? If I dont pay, it may delay possession
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby s1joshi » Sat May 04, 2013 11:18 am

There is a pressure from government side for revoking stay order, Lets keep fingers crossed and wait for further directions from court.

In regard to significance of stay, court had clarified in previous hearing that order is applicable for entire region. In case builders are not accepting stay, This need to be brought to court attention. We have received a few threatening letters shared by our members from respective builders for EDC demand, The court have requested for same to be presented for further directions, In case anyone else has also received any such mails/letters from builders for EEDC payments, these letters can be mailed to working committee at wc@gfwa.in
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Re: Enhanced EDC Stayed by Hon'ble High Court

Postby anshuman3619 » Sat May 04, 2013 11:13 pm

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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