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Old 23-01-12   #1
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Smile Non delivery by builders and rising consumerism

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Some awakening from slumber of the official machinery after being slapped refraining orders by Supreme court at the behest of builders

Licence tied to timely building - The Times of India

its high time punitive action (not only deterants) be issued against erring builders by DTCP and HUDA....

Its absolutely ridiculous to believe that certain builders are ignoring the licencing guidelines blatantly and have the dexterity to even challenge the institutions responsible for granting licences to them.. If still the departments dont awaken,, it would be better not to expect anything from the official machinery anymore.. Only option left then would be to move court/lokayukt both against certain corrupt govt officials and builders..

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Old 06-02-12   #2
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"Example is better than precept".. Various Residents associations of Faridabad need to learn from what some associations have been able to achieve in Gurgaon. Apart from taking the builders to court gurgaon denizens have been following various govt departments through RTIs and filing representations with the lokayukt against corrupt official..
Another great example of rising consumerism that has dared to challenge, question the compliance/adherence to builders licencing agreement by builders:

Licence of Mayfield Gardens cancelled - The Times of India
GURGAON/ CHANDIGARH: The department of town & country planning (DTCP) on Saturday cancelled the licence of Mayfield Gardens and asked senior town planner (STP) in Gurgaon to take control of the colony for administrative purposes. "The licence has been cancelled as the promoters of the colony failed to maintain civic amenities like internal roads and community services," said T C Gupta, director general DTCP, Haryana. This is in addition to the default in payment of Rs 23 crore by the promoters of the company on the account of external development charges (EDC) and annual licence fee outstanding against the colony, Gupta added.

The department had earlier put an embargo on sale and purchase of any property in the Mayfield project. And now the DTCP is in the process of issuing notice for cancellations of licence of the builder of Mayfield Gardens. The project, spread over 324 acres in Sectors 47, 50, 51, 52 and 57, has over 20,000 houses of which over 4,000 are in different stages of construction. The department found out that the licence of the builder had lapsed in 2009 and it should have been renewed as per the regulations. The Mayfield Gardens RWA had been fighting against the builder for violating building plans and not providing maintenance facilities as promised at the time of booking. "The RWA welcomes the decision to cancel the licence of the builder and this will send right message to all the builders who are trying to take the residents for a ride," said Dharam Vir Yadav, president of the RWA.

He has also moved a petition against T C Gupta on the issue of irregularities committed by the builder. "I will continue to fight against the director general in the court," Yadav added. Yadav, in an affidavit submitted to the Lokayukta along with some other complainants, has alleged that the builders have not completed development works in the colony as per the approved layout plan. The affidavit mentioned that the water supply scheme, laying of sewerage and stormwater drainage, roads, horticulture, and electricity infrastructure are not as per design of the approved service plan.

It also alleges that the builder has been drawing water through tubewells for construction purposes, which is banned in Gurgaon. Interestingly, the latest development has come within a week after it was announced that an audit of records related to maintenance of colonies developed by private builders will be done across Haryana. The department had announced that it would hold back the renewal of licence of those builders who failed to provide community services which were approved while carving out the colonies. Referring to Mayfield Gardens, officials said that the builders have failed to provide community services such as hospital, entertainment place and educational institutions as mentioned in the layout plans approved by the department.


Its high time that builders are chased through the official machinery requiring them to stick to time bound delivery and execution as per approved plans.

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Old 06-02-12   #3
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Hi
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Use of Lokayukt against corrupt officials as alternate to courts- an example closer to home!! This should embolden various Residents welfare associations of Faridabad to find merit in lokayukt route and start with getting information on Licencing agreement of builders, their progress and renewal conditions given inordinate delays in builders delivering the projects causing harassment and loss to consumers.

Lokayukta finds irregularities in Faridabad MC - The Times of India
CHANDIGARH: Haryana Lokayukta has found financial irregularities valued in crores in the functioning of municipal corporation Faridabad (MCF).

The Lokayukta probed allegations leveled by an MCF ex-contractor Suresh Goyal, who said that the corporation had taken over an under-developed colony from a builder, and spent around Rs 24 lakh on it.

It was to give more than Rs 45 lakh to the electricity board but the was stopped because of the complaint moved by Goyal. During the probe, Lokayukta found that negligence on part of the technical staff and chargesheets were issued to the concerned officials.

Observing that some officials are yet to be held responsible for committing this lapse, Lokayukta Justice (retd) Pritam Pal asked the government to hold a fresh inquiry. Meanwhile, proceedings for recovery of amount from Spring Field Developer (the builder firm) have been initiated, noted the Lokayukta.

About the allegation related to the advances paid to the tune of around Rs 16 crore, registrar of the Lokayukta who conducted the probe, found that the amount has been adjusted and recovered but Rs 7.8 lakh remains to be adjusted. "The complainant has rightly proved that the amount was misutilized by the officials and the same was kept with them for a long period," held the investigating officer. The Lokayukta recommended that apart from recovering the amount with reasonable interest, disciplinary proceedings should be initiated against erring officials.

Finding irregularities valued over Rs 4 crore in the allocation of a tender, the Lokayukta recommended criminal action against some officials for misappropriation of funds. Action was recommended against a sub-divisional officer and junior engineer who were deputed in that area, and allowed raising of 32 houses in Faridabad in an unauthorized manner.

During an earlier hearing of the case, chief engineer of the corporation N K Katara pointed out that executive engineer Raman Kumar, assistant engineer Ravi Sharma, retired financial controller L R Vermani and Subhash Pundhir were chargesheeted for major penalty

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Old 06-02-12   #4
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http://www.tribuneindia.com/2012/20120206/haryana.htm#4

The Tribune, Chandigarh, India - Haryana
Saurabh Malik/TNS
Chandigarh, February 5
A Division Bench of the Punjab and Haryana High Court wants to know from the state of Haryana the amount of external development charges (EDCs) due from HUDA and the Haryana State Infrastructure and Industrial Development Corporation(HSIIDC).
The directions came after a residents’ association claimed that these two bodies too had to deposit external development charges.
The Division Bench of Justices Hemant Gupta and GS Sandhawalia asserted: “The grievance of the petitioner is that external development charges deposited by members of the petitioner-association have not been utilized”.
Going into the background of the controversy, the Bench asserted: “Counsel for the petitioner has also relied upon the affidavit dated August 3, 2011, filed on behalf of the Chief Town Planner, to point out that HUDA and the HSIIDC have to deposit external development charges as well”.
Referring to the facts of the case, the Bench added: “Senior advocate representing the petitioner has pointed out that the final development plan in respect of 12,000 acres for the Faridabad-Ballabhgarh controlled area has been prepared out of which only land measuring 1709 acres is to be developed by members of the petitioner-association.
“The remaining land is to be developed by HUDA and the HSIIDC, which have not deposited a single penny towards external development charges. Counsel representing HUDA seeks some time to get instructions in respect of payment of proportionate external development charges”.
Before parting with the case, the Bench asserted: “We direct the state counsel to disclose on affidavit the amount of external development charges due from HUDA and the HSIIDC as well as the time limit for completion of each part of external development”. The case will now come up for further hearing before the Bench on February 23
Source:The Tribune

Brings to my mind earlier cases by Gurgaon Associations on the EDC issue, wherein courts ordered HUDA with fines to its embarrassment. Its high time the CM takes stock of the situation himself in the interest of justifying huge amounts being wasted untilised for years at end and forsaking development. Such delays have increased the costs of projects more than 3 times over the last 3 years and brought agony to homeseekers and provide excuse to builders.
Also looks that the residents are representatives of builders in this case!!!

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Old 07-02-12   #5
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Quote:
Originally Posted by BlessU View Post
The Tribune, Chandigarh, India - Haryana

The Tribune, Chandigarh, India - Haryana
Saurabh Malik/TNS
Chandigarh, February 5the Bench added: “Senior advocate representing the petitioner has pointed out that the final development plan in respect of 12,000 acres for the Faridabad-Ballabhgarh controlled area has been prepared out of which only land measuring 1709 acres is to be developed by members of the petitioner-association.
“The remaining land is to be developed by HUDA and the HSIIDC, which have not deposited a single penny towards external development charges. Counsel representing HUDA seeks some time to get instructions in respect of payment of proportionate external development charges”.

further hearing before the Bench on February 23
Source:The Tribune

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Still wondering if anybody has the idea about Which Petitioner Association members have to develop 1709Acres??

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Old 10-02-12   #6
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Default Faridabads dillemma!!

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Posted this in another forum but found it useful as it pertains to Faridabad

Latest News on Gurgaon / Manesar / NCR

Hi
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Some facts about Dilemma shrouding Faridabad. Incidentally Mr Parveen Kumar was positioned with responsibilities that of a DC over a large and unfortunate period over the last few years.
1] DD motors, Pal Group, Triveni looted people of Faridabad during last few years. Various complaints were made personally by many investors to the DC
2] BPTP and likes have left no clause in Agreement to screw its customers in Faridabad without delivering even a single project completely. To add insult to injury, BPTP has unscrupulously increased Super area for all the undelivered projects. These were launched as long ago as 7 years. BPTP probably has blatantly ignored all licencing conditions and regulations of HUDA/DTCP and delivery commitments.
3] No CLUE about use/deployment of Rs 2500+ crores given to Faridabad under Jawahar Lal Nehru urban Renewal Scheme. Probably lying largely unspent or pocketed.
4] Land legally paid for, compensated and settled farm land still being tilled by farmers delaying and increasing cost for roads.
5] Due to inaction/inability of HUDA to acquired illegally and unauthorised occupation of compensated land EDC has escalated to 250% of 2005 levels now being charged from enduser (Even builders apart from endusers have filled case in High court)
6] Land legally owned by the Estate of Haryana being illegally occupied by farmers. As DC one does not have to look at support and commands control over police to get the illegal occupation removed. Failure to secure the assets of state govt.
7] Stays on section of land not being vacated despite HUDA having nothing to do in the stay granted by High court. Ironically, reason for stay in large section is not dispute with HUDA but tittle dispute between families of farmers
8] EDC collected from Faridabad not being used for development of basic civic infrastructure from the source of the money but diverted to SONEPAT AND ROHTAK without any mark of disagreement. Poor sewerage, roads, etc never invested in or taken care of.
9] No audit of licencing conditions of builders on a regular basis leading to builders screwing customers in broad day light. Many irregularities being discovered pertaining to earlier years.
10] Master Plan of Faridabad 1991 not implemented even till 2011. Delay by more than 20 Years!!
11] Bogus launches without proper licencing being allowed to collect money against the regulations of HUDA and DTCP in Faridabad
.... and many more inabilities, inactions, turning a blind eye acts during his tenure.

This does not mean or be construed in any manner whatsoever as a charge about the persons integrity, hardwork or honesty. He may not be entirely responsible for it as well still he was the MALIK of the district during this time. Intentions however will always be doubted as the above FEW reasons have caused much greater agony to hard working, tax paying and law abiding consumers. Probably, severity of agony faced by Faridabad homeseekers is more than what Mr Parveen Kumar might have felt against the clerk forcing him to slap the clerk.

It however is satisfying to note that things are working in the right direction for GURGAON RE as BPTP Appartments in Faridabad are still rotting at 1700-1900 psf even after 6-7 years of launch....still UNDELIVERED

Some groundbreaking inititatives have now been taken under the current administration pertaining to Metro and Master Road tenders which will give a big push to prices of Plots then villas and finally apartments due to socio profile of customers. This however will be subject to conveyance deeds getting registered in the names of applicants once builders offer possession. Biggest culprit being BPTP in the miscommitment and missed delivery lack of performance.

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