:bab (38): I have booked 1500 Sq Ft, 3BHK+Study in GaurCity 2, 11th Avenue and paid on 6th March 2011, 10% booking amount (Rs 3,22,000/-).

The Allotment Letter (Page 7, Clause 24) states that -
"Further, if there is any Service Tax, Trade Tax andany additional levies, Rates, taxes, Charges, Compensation to the Farmers, Cess and Fees etc. as assessed and attributable to the builder as a consequence of order from the Government/GNIDA/Statutory or other local authority(s), shall pay the same and the allottee(s) will be liable to pay his/her/their proportionate share."

I tried to find out if other buyers in GaurCity (1 or 2) and in various projects of other builders also have same or similar clause in their BBA.

On enquiring from various people I could not get any confirmed information.

Some people say that it is a general clause which exists in all BBAs.
Some say that it is there only in case of Gaurcity, not in projects of other builders.
Some say that those who booked in Gaurcity earlier (say December 2010 or before) did not had this clause.
Some say that the T & Cs of Allotment letter of Gaurcity is not uniform for all allottees and is different from person to person.

I request to members on IREF to verify from their BBA / Allotment Letter if such clause exists in their case. Particularly to those who have booked in various GCs of Gaurcity at various points of time. In my case it exists on Page No 7, Clause No 24.
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  • Originally Posted by ManGupta
    :bab (38): I have booked 1500 Sq Ft, 3BHK+Study in GaurCity 2, 11th Avenue and paid on 6th March 2011, 10% booking amount (Rs 3,22,000/-).

    The Allotment Letter (Page 7, Clause 24) states that -
    "Further, if there is any Service Tax, Trade Tax andany additional levies, Rates, taxes, Charges, Compensation to the Farmers, Cess and Fees etc. as assessed and attributable to the builder as a consequence of order from the Government/GNIDA/Statutory or other local authority(s), shall pay the same and the allottee(s) will be liable to pay his/her/their proportionate share."

    I tried to find out if other buyers in GaurCity (1 or 2) and in various projects of other builders also have same or similar clause in their BBA.

    On enquiring from various people I could not get any confirmed information.

    Some people say that it is a general clause which exists in all BBAs.
    Some say that it is there only in case of Gaurcity, not in projects of other builders.
    Some say that those who booked in Gaurcity earlier (say December 2010 or before) did not had this clause.
    Some say that the T & Cs of Allotment letter of Gaurcity is not uniform for all allottees and is different from person to person.

    I request to members on IREF to verify from their BBA / Allotment Letter if such clause exists in their case. Particularly to those who have booked in various GCs of Gaurcity at various points of time. In my case it exists on Page No 7, Clause No 24.


    I have not yet seen something so specific to farmers claim... but seen similar clauses for authority lease amount as well as external development charges.

    Generally builders will have "catch all" kind of statements, which can be challenged at any court. Fundamental of any agreement is... the agreement must be equally fair to both the parties.... otherwise can be challenged at any point of time.
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  • Yes, most BBA's r totally one sided & heavily tilted in favor of the Builders & they can be challenged successfully in Courts .
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  • Originally Posted by ManGupta
    :bab (38): I have booked 1500 Sq Ft, 3BHK+Study in GaurCity 2, 11th Avenue and paid on 6th March 2011, 10% booking amount (Rs 3,22,000/-).

    The Allotment Letter (Page 7, Clause 24) states that -
    "Further, if there is any Service Tax, Trade Tax andany additional levies, Rates, taxes, Charges, Compensation to the Farmers, Cess and Fees etc. as assessed and attributable to the builder as a consequence of order from the Government/GNIDA/Statutory or other local authority(s), shall pay the same and the allottee(s) will be liable to pay his/her/their proportionate share."

    I tried to find out if other buyers in GaurCity (1 or 2) and in various projects of other builders also have same or similar clause in their BBA.

    On enquiring from various people I could not get any confirmed information.

    Some people say that it is a general clause which exists in all BBAs.
    Some say that it is there only in case of Gaurcity, not in projects of other builders.
    Some say that those who booked in Gaurcity earlier (say December 2010 or before) did not had this clause.
    Some say that the T & Cs of Allotment letter of Gaurcity is not uniform for all allottees and is different from person to person.

    I request to members on IREF to verify from their BBA / Allotment Letter if such clause exists in their case. Particularly to those who have booked in various GCs of Gaurcity at various points of time. In my case it exists on Page No 7, Clause No 24.

    had you read this clauses while signing BBA?
    If yes, & still you purchased it , then I don't sympathize with you.

    If you came to know when few members of IREF highlighted this(I had read one post by LChand in which he said so),& had not read before, still I don't sympathise with you on this.

    How one can buy such property which clearly indicates, its under dispute. What came in the mind of builder (& his legal people) while preparing BBA to add this clause.

    Take my advice, cancel your booking.

    Gaur city is a high project & have issues with land acquired.
    BBA is common for all buyers.

    PS: If you have not signed BBA yet, you can easily move back with nominal deductions.
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  • why people don't understand that how at a distance of mere 7 kms (where Gaur City project has been launched) from the heart of Noida the rates are so low..these are nearly 50% rates what one can get in Noida under-construction projects.........

    Other people who have booked or looking to book in Noida at double the rates of Noida Extension, are they fools of these times?

    I am expecting a huge turnover in NE ...

    Its all wait n watch game....
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  • Originally Posted by SBR_NOIDA
    had you read this clauses while signing BBA?
    If yes, & still you purchased it , then I don't sympathize with you.

    If you came to know when few members of IREF highlighted this(I had read one post by LChand in which he said so),& had not read before, still I don't sympathise with you on this.

    How one can buy such property which clearly indicates, its under dispute. What came in the mind of builder (& his legal people) while preparing BBA to add this clause.

    Take my advice, cancel your booking.

    Gaur city is a high project & have issues with land acquired.
    BBA is common for all buyers.

    PS: If you have not signed BBA yet, you can easily move back with nominal deductions.


    Come on!!!!

    Unless you are a very qualified lawyer, most of the statements in any agreements does not make much sense to common people. Most of the statements are subject to interpretation.

    Most of the common people never reads terms and condition, be it in bank, appointment letter, connection, credit card or licence.. everywhere...

    This is the reason in many countries, it is mandatory for the person asking you to sign any agreement is to highlight the key aspects of the condition.
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