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IREF® - Indian Real Estate Forum > Real Estate in India > Real Estate Noida > Wishtown Welfare Association being formed
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Old January 22 2014, 11:20 AM   #11
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I understand.

Let me add that as far as case of Super area increase is concerned, you are also finding it difficult to calculate, the best way is to have the workings from jaypee (initial plan and now as built) and to verify them vis-a vis the UP state legal and Noida authority rules by an architect.




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Originally Posted by Venkytalks View Post
Dost, this is not residents welfare association - please understand this is a buyers association and is meant to fight with the builder - it is meant to fight with him before the delivery and after delivery also - it is meant to file cases for getting higher compensation.

There are two primary purposes for formation

1. To be able to file a case on behalf of any 1 or more member

2. To talk to the media as association for highlighting problems

Individual person finds it difficult to fight. Formal organisation means few more combative people can fight on behalf of many - who receive support in terms of a silent majority behing the fighter - so one can say I am doing this on behalf of 100 or thousand people. It also makes it easy to organise protests and dharnas.

There are other long term benefits. Having an official organisation in place makes it easier to appeal to courts in case the builder becomes insolvent or bankrupt or stops construction - in which case the construction needs to be taken over under court orders.

Always be prepared for the worst eventuality also - hope for the best, prepare for the worst.



I am doing it because it is something which should be done and others are failing to make it happen. Someone has to do it - per head cost is minimal.

You can visit RP City Welfare Association Official Web Site to get an idea of how I helped make a similar association against another builder - with whom a relative of mine was buying a flat.

I am aggrieved by Jaypee because of inordinate delay - I booked in 2009. My tower structure is not yet complete. I am also apprehensive about super area increase for my flat - causing a big financial cost increase for the same flat. I am interested in getting an increased compensation of 10 Rs per square foot as achieved by DLF New Town Heights.



Right now, 15 + 5 have contributed. We need about 20- 25000 to get the association registered (2000 for registry fee and rest for - well you know govt departments in UP).

Thus there is space for some 4-5 people to join in addition - but I would like to ask people who believe in the objectives of the association formation and are ready to work only to come forward. A subset of these founder members will form the initial first years executive members and a lot of time, effort and running around will be required to get it up and running.

Transparency - you are welcome to join and ensure it. None of the members know each other - I dont know anybody else who has joined and is now part of the core team. It is just running on trust and face value.

We are currently short of core working members - hence calling for anyone who can help out by devoting some time, effort, expertise - legal or architectural.

Please step up

 
Old January 22 2014, 12:58 PM   #12
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Venky,

Few points.

1) Earlier ~ 200 other buyers were able to unite people in 2011-2012. Thru relentless protests/meeting they forced JP to resume construction and reduce penalty for delay from 18% to 12%. People who paid upfront were given choice to convert their payment from DP to CLP with 12% EDP (Early payment discount). BUT They failed to form a legal association.
2) Compensation from JP should be equal to the penalty they are charging to the customer i.e. 18% in some cases and now 12%. Your Rs 10/psf translate into just 4% compensation. JP is violating the basic tenet of contract law i.e. each and every clause has to have parity.
3) Beware of JP imposters --- They invaded the group formed earlier and started attacking the leaders.
4) There will be so called JP's proxy dormant association (JPWTFOA - jp wt flat owners association - People like Anant Trivedi, Amrit Kapur, Mr Sehgal, Mandira Mukherjee etc) who will come and try to throw spanner in your work. Like they have done earlier. They created fissures in JPWNBA (JP WT Noida buyers association). Initially they will sound harmless.
Beware of them.

Enough of caution, wish you all the best
 
Old January 22 2014, 03:35 PM   #13
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Quote:
Originally Posted by Shaurya29 View Post
Venky,

Few points.

1) Earlier ~ 200 other buyers were able to unite people in 2011-2012. Thru relentless protests/meeting they forced JP to resume construction and reduce penalty for delay from 18% to 12%. People who paid upfront were given choice to convert their payment from DP to CLP with 12% EDP (Early payment discount). BUT They failed to form a legal association.
2) Compensation from JP should be equal to the penalty they are charging to the customer i.e. 18% in some cases and now 12%. Your Rs 10/psf translate into just 4% compensation. JP is violating the basic tenet of contract law i.e. each and every clause has to have parity.
3) Beware of JP imposters --- They invaded the group formed earlier and started attacking the leaders.
4) There will be so called JP's proxy dormant association (JPWTFOA - jp wt flat owners association - People like Anant Trivedi, Amrit Kapur, Mr Sehgal, Mandira Mukherjee etc) who will come and try to throw spanner in your work. Like they have done earlier. They created fissures in JPWNBA (JP WT Noida buyers association). Initially they will sound harmless.
Beware of them.

Enough of caution, wish you all the best
1. I was present in some of those protests and yes, people worked hard and Jaypee reduced the penalty - but then as you point out - they also reduced their own liability for the unequal clauses - now we cannot demand for 18% penalty from them - instead, we can at best get 12%.

Not that it will be an easy task.

2. Rs. 10 psf is what New Town Heights actually got after agitations - it seems achievable. Or at least, since 2012 was date of delivery, JP can at least add the CPI inflation - looking at the delays of 2-3 years, even that is something and Jaypee cannot deny that basic amount at least. But for anything, we need strength

3. I am not a good politician - I take everyone at face value. My main thing is - people who work are needed. People who keep quiet are useless

4. Previous association (not registered) was destroyed by infighting I know. I have seen a lot of it first hand, but dont know behind the scenes. Registration is essential to become legally capable of filing cases.

Of one thing I am sure - without filing a case, there is no question of Jaypee increasing compensation.
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Old January 22 2014, 03:55 PM   #14
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Legaly speaking, the rate of penalty on consumer and the developer has to be in consonance to risk.

The delay penalty that is usually set is not of penal nature but rather a value that takes care of reasonable loss to the aggreived party( because of delay), in this case the additionl rent he has to bear.

This is like liquidated damages clause ususally found in contracts. (pre identified amount agreed by both).

Developer carries the payment default risk of therfore their delay penalty clause takes care of short term funding rate / interst rate (like interst on unsecured loan)

Jaypee has already considered this.

Therfore I belive the biggest cheat and default by Jaypee is increased super area, delay penalty already covered.

Quote:
Originally Posted by Venkytalks View Post
1. I was present in some of those protests and yes, people worked hard and Jaypee reduced the penalty - but then as you point out - they also reduced their own liability for the unequal clauses - now we cannot demand for 18% penalty from them - instead, we can at best get 12%.

Not that it will be an easy task.

2. Rs. 10 psf is what New Town Heights actually got after agitations - it seems achievable. Or at least, since 2012 was date of delivery, JP can at least add the CPI inflation - looking at the delays of 2-3 years, even that is something and Jaypee cannot deny that basic amount at least. But for anything, we need strength

3. I am not a good politician - I take everyone at face value. My main thing is - people who work are needed. People who keep quiet are useless

4. Previous association (not registered) was destroyed by infighting I know. I have seen a lot of it first hand, but dont know behind the scenes. Registration is essential to become legally capable of filing cases.

Of one thing I am sure - without filing a case, there is no question of Jaypee increasing compensation.
 
Old January 22 2014, 07:55 PM   #15
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jaypee has also included shops in super area near PC calculation , so they can not sell it legally and they will belong to RWA later , can you check this point too. so that they don't sell these shops before RWA is formed
 
Old January 28 2014, 06:35 PM   #16
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jaypee has also included shops in super area near PC calculation , so they can not sell it legally and they will belong to RWA later , can you check this point too. so that they don't sell these shops before RWA is formed
Basic problem is a technique used by cheats called "Bait and Switch"

An attractive item or home or scheme or investment or whatever is sold on the basis of attractive enticing "dreams" - in our case a great seeming floor plan where carpet area seems to be a good % of the super area.

Once we take the bait - or book the flat - then the attractive item is "Switched" and something unattractive is given. By then the customer has already paid money and cannot do anything - in this case a super area increase.

Please see the thread on super area increase.

We have been the victims of a classic confidence trick - the bait and switch
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Old January 30 2014, 03:53 AM   #17
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So I was thinking about the area from another angle

1) Lets consider 1 tower of 3 BHK = 6 apts/floor and 17 floors
2) A 10% hike is like adding 10.2 apts or almost 2 floors to each tower
3) For 80 towers-> 8 towers added to the area.
4) This super area is such BS, they cant get the FSA for 88 towers so lets increase the cost by 10%
5) To top it they make the user sign a no objection on possesion, so either you cannot take possession while you languish in courts or accept to their ridiculous demands
 
Old February 2 2014, 08:13 PM   #18
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Hi all,
Iam the first resident here in pavilion court and would wish to certainly join the group and invite 3 other residents residing here to join. We would contribute to the shortfall so that we get this association registered.


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Old February 2 2014, 09:09 PM   #19
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Quote:
Originally Posted by nitish View Post
Hi all,
Iam the first resident here in pavilion court and would wish to certainly join the group and invite 3 other residents residing here to join. We would contribute to the shortfall so that we get this association registered.


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Yes please do join. Your case come up first since already delivered. Lets fight this super area thing. I can be found on the facebook groups of jp wishtown noida (there are 2 of them) as venkat iyer. You can friend me there with a short message. Unfortunately my office blocks facebook and yahoo groups now so please excuse if i am slow to reply.
 
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