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Unjustifed Clauses by Supertech in NE (GNW)

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Unjustifed Clauses by Supertech in NE (GNW)

Last updated: April 11 2013
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  • #11

    #11

    Re : Unjustifed Clauses by Supertech in NE (GNW)

    Originally posted by Kapil706 View Post
    Buyer bhi kya kare bhaiya.... everyday 3C, ATS, Purvanchal is not launching projects......

    Wholesale mein flats to amrapali, supertech, jaypee, sikka, jaise 3rd class builders hi bhechte hain....
    kapil bhai how come Jaypee in that list ?? bhaiya wo toh 3C ki league mein hai although very slow !

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    • #12

      #12

      Re : Unjustifed Clauses by Supertech in NE (GNW)

      Senior Members,

      Please advise will it help to file a case in consumer court against Supertech. I've seen there are many cases against Supertech in consumer court already. How much time does it takes to get result from Consumer court.

      I booked a 795sqft flat in Eco village 1. At the time of booking channel partners/brokers/marketing executive of Supertech said that this is the final price mentioned in booking form. I got allotment letter after 1 month where these unjustified clauses like escalation charges, additional compensation to farmers, increase in super area ... were mentioned. They didn't left any option for me so I had to sign the agreement and continued with my booking. I was put in a situation where I was forced to sign the agreement otherwise my booking amount had been forfeited by Supertech. After agreement Supertech people said that if you don't agree with the term and conditions of booking then you may cancel the booking and as result of cancellation, your booking amount will be forfeited.

      We (new buyers of Supertech facing same issue) did so many meetings with their CRM head (Sodhi) and Director (Khera) but they refused to remove these clauses.

      Please advise what can we do in this case. It is impossible for me to pay for escalation & other unjustifed demands by Supertech. Apart from escalation, I booked a 795sqft unit and have paid the installments till 2nd floor. Now to my utter shock they have increased the super area as well from 795 sqft to 890 sqft. There is change of only 5 sqft balcony in the old and new layout. How can a builder increase Super area after construction tower till 2-3 floor.

      We discussed with Supertech about increased super area they said that it was already increased area, we have measured it now. You will have to pay for increased super area at the time of possession.

      I booked my flat few months back and in these months they have added escalation and increased super area so my flat cost is increased by 6-8 lacs while I'll be getting the same space to live.

      There are many buyers of Supertech facing same problem and we all want to file case in consumer court together.

      Any help or pointer to right direction will be highly appreciated.

      Comment

      • #13

        #13

        Re : Unjustifed Clauses by Supertech in NE (GNW)

        If you accept that the clauses were known to you and you signed them knowingly, it makes your case weak. Did you also know that cancelling the booking later would result in forfeiting the amount? was it written somewhere in your booking papers and you signed it?
        Normally all builders put clause to increase the super area by 5-10% and if it was also mentioned on papers and if you signed it knowingly then it can be problematic.
        I would suggest you to read all the documents carefully which you have signed and once you know the exact status of what you have accepted on papers then consult a lawyer and see the feasibility to file the case.
        If you have group of buyers then you can present your case in better way.
        Normally consumer court case can go to 2 to 3 years but various other factors may delay or somewhat expedite it.

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        • #14

          #14

          Re : Unjustifed Clauses by Supertech in NE (GNW)

          Builders are taking advantage of the risk the the buyer takes while buying the flat.I am not saying that u should take zero risk or u should take 20% or 50% o 100% risk.

          In this matter,Only one thing will matter MAKE A BUYER UNION and file a case in SC to take a stay on construction of the the supertech work until these escalation clauses are removed. Only this step will have affect on the builder,otherwise cluse remove karne ke cases karte raho,builder will have no affect on them.

          On one hand Filing a case for removing these clauses will take years which is not fruitful and also Buyers have signed the 15% earnest money charges due to which end buyer cannot afford to loose money.

          Escalation clauses to hadd ho gayi,end user to phir bhi pacha lega,investors ki to lagg gayi.

          Comment

          • #15

            #15

            Re : Unjustifed Clauses by Supertech in NE (GNW)

            By the Way,This escalation clause can be named as DRACONIAN clause

            Comment

            • #16

              #16

              Re : Unjustifed Clauses by Supertech in NE (GNW)

              Hi,

              I signed because I had no other option left, other wise my booking amount would have been forfeited. As per booking form and the term and conditions if you cancel the flat booking than buyer will have to pay 15% of total flat cost as cancellation charges.

              And I had to take loan to pay further instalments and agreement was required for that. Penalty of 24 % p.a. on due instalments was increasing day by day. Therefore I was forced to sign and I signed the agreement to secure my previous payments, Before signing agreement I sent emails, and gave collective application with other buyers to show disagreement on one sided BBA. But that Super.... didn't remove any clause.

              This is height of cheating.

              Originally posted by ver_amit View Post
              If you accept that the clauses were known to you and you signed them knowingly, it makes your case weak. Did you also know that cancelling the booking later would result in forfeiting the amount? was it written somewhere in your booking papers and you signed it?
              Normally all builders put clause to increase the super area by 5-10% and if it was also mentioned on papers and if you signed it knowingly then it can be problematic.
              I would suggest you to read all the documents carefully which you have signed and once you know the exact status of what you have accepted on papers then consult a lawyer and see the feasibility to file the case.
              If you have group of buyers then you can present your case in better way.
              Normally consumer court case can go to 2 to 3 years but various other factors may delay or somewhat expedite it.

              Comment

              • #17

                #17

                Re : Unjustifed Clauses by Supertech in NE (GNW)

                In that case, you can file the application in consumer court. The good part of consumer court is that they mostly favor consumers. Prepare all relevant documents, put all the emails or any letters, write a application on plain paper stating all the facts and circumstances and you can file it in consumer court. You may not need any lawyer, if you present your case diligently and with confidence. You should be ready to wait for atleast 2 years as per my experience. Best of luck!

                Comment

                • #18

                  #18

                  Re : Unjustifed Clauses by Supertech in NE (GNW)

                  Originally posted by ver_amit View Post
                  In that case, you can file the application in consumer court. The good part of consumer court is that they mostly favor consumers. Prepare all relevant documents, put all the emails or any letters, write a application on plain paper stating all the facts and circumstances and you can file it in consumer court. You may not need any lawyer, if you present your case diligently and with confidence. You should be ready to wait for atleast 2 years as per my experience. Best of luck!
                  These so called escalation charges is a new trick by the builders who are seeking to pass on all the expenses to the buyers and take all the malai for themselves without taking 1% risk.
                  Passing on the increased compensation to farmers or govt.dues/taxes is understandable but this charge for increase in construction cost is atrocious.As usual supertech takes lead in this dacoity.
                  I was reading interview of some CREDAI office bearer and he too seemed to justify it though not openly.
                  I think new buyers are in for nasty time.Better to go in for RTM or resale flats where at you would be spared of any surprises later on.

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                  • #19

                    #19

                    Re : Unjustifed Clauses by Supertech in NE (GNW)

                    ............

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                    • #20

                      #20

                      Re : Unjustifed Clauses by Supertech in NE (GNW)

                      Thanks, I'll get in touch with NEFOWA.

                      Comment

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