by anupam26779 » Wed Jun 06, 2012 12:33 am
Hi All,
Bayberry T6-905. I am an IT Professional. My father is a High Court Lawyer. I have sent a reply to RPS against increased EDC/IDC letter which was received recently. I suggest everyone should send the similar letter by email and regd. AD to RPS office. Letter is as follows -
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Dated: 5.6.2012
To,
RPS Infrastructure Limited,
11th Floor, Tower-B, DLF Towers,
Jasola District Centre, New Delhi.
RE: Demand of enhanced EDC in respect of Unit No. BY-06-0905 in
Bayberry-06 in Savana, Sector-88.
Dear Sir,
Please refer to your earlier notice dated 3.8.2011 and my three consecutive mails dated 29.8.2011, 14.9.2011 and 19.10.2011 to which you did not care to respond thinking as if you are above law hence you are not obliged to answer my queries. Through this mail I am again diverting your attention towards my aforesaid three mails and ask you to reply all the queries immediately otherwise your Co. shall be held liable monetarily.
It is very surprising to note that without completing aforesaid formalities, you have slapped another demand notice vide your letter dated 28.5.2012. Do you think that a person who has bought flat from you is your paid servant? Why this type of act is being committed by your Co. which is said to be a reputed Co.?
Till date you have not send the scanned copy of the demand notices of HUDA No. HUDA-CCF-Acctt-I-2011/17904 dated 25.5.2011 and the notification no. HUDA.CCF.ACCTT-I-2012/-8211 dated 5.3.2012. You are hereby asked to immediately transmit scanned copies of both the notifications.
As regards the pendency of this matter before the Punjab and Haryana High Court, you have maintained a deafening silence and you have bitterly failed to disclose the details in the manner of being obedient agent of HUDA which is very distressing to note. Your nexus with HUDA cannot be undermined because ‘no nexus no work’ but that does not mean that at their cost you are duty bound to befool the buyers. Your action is a part of betrayal and adoption of unfair trade practice. Please give full details of the case, its no. and the progress report till date.
You have also to inform with complete detail that what IDC and EDC is to be done by HUDA and how much work they have done till date and what else is remaining? Give full details.
You have to inform as to whether demand of enhanced EDC is caused due to delay on your part to deliver the possession? Give full detail.
What action you have taken against HUDA in this matter? How do you justify the demand made by HUDA? Why you are shy of making the 2 notifications of HUDA available even after demand? Your silence is giving an impression that you are acting as a recovery agent of HUDA which is very unfair. Inform with relevant papers.
Please let me know as to under what provision you are demanding 18% interest. Has any amount been loaned by you or by HUDA to me? Give full justification along with documentary proofs.
It is hoped that the entire site plan of your project is approved by HUDA. Normally a site plan is approved only when a builder pays all the EDC and IDC charges to the development authority and in this view of the matter entire EDC /IDC demanded by you is already added to the sale price agreed to in between you and the purchaser and the HUDA, if it is a part to the agreement. What is the logic of demanding enhanced EDC to which no prior consent of the buyer was obtained?
Whether any new development is proposed? What is the present progress of the project and what is the expected date of delivery of possession?
All the aforesaid question go to the root of the matter and they also cast aspersion on the functioning of the Co. and its behavior towards the buyers as they are being made victim of unfair trade practice. You are called upon to answer all the questions within 7 days along with the documents so that the legality of your demand may be examined and some decision may be taken. Please note in clear terms that in case of your failure to reply within a period of 7 days, you and HUDA both shall forfeit their claim and you shall be bound to deliver the possession of the flat within a period of three months.
Thanking you.
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Anupm Agrawaal