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Jaypee Greens Wishtown, Noida

Last updated: August 17 2020
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  • Re : Jaypee Greens Wishtown, Noida

    Increase in super area

    Dinesh bhai. I have few queries regarding the increase in the super area in Jaypee projects. I have heard that many of the Jaypee projects have an increase in their super area. My questions are as follows:

    1. Any idea if there is an official increase announced by Jaypee for Klassic duplex 1045 sq ft flats? I understand the final super area would be determined at teh time of possession but have been hearing a lot that some of the projects new brochure has the updated super area.
    2. Jaypee can increase teh super area upto 10%. What happens if they do so by more than that? Can that be challenged?
    3. What can customers do if Jaypee increases the super area but only a minor increase in teh carpet area. As in, Jaypee cannot say for example sake increase the super area by 100 sq ft and the difference to the carpet area be say 15 sq ft. Would that be legal? I have read few people complaining about it so was curious to know if anyone has any opinion on this?
    4. Ideally teh carpet area is anywhere between say 65 to 70 percent of teh said super area. If Jaypee increase teh super area, should that not be on similar specs? As in for a 100 sq ft super area increase the carpet area should also increase by 65 to 70 sq ft. I wanted to know if there is any regulatory regarding this.

    Yet again, thanks everyone for having assisted me with my previous queries.

    Comment


    • Re : Jaypee Greens Wishtown, Noida

      Originally posted by pablopicasso View Post
      On the subject of charging for parking, I feel that DLF may have found a way to avoid this (just a guess). Yesterday, a broker for DLF Sky court Gurgaon Sec 86 quoted me a price where the cost of the parking (2 car parks) was shown as part of BSP (rather than as the cost of the carpark)...I found this intriguing and went to DLF website to read the specifications and the price list. In the price list, the title line says (BSP including RIGHT TO USE 2 CAR PARKING SPACES).. I feel that this language and the addition of the carpark price to the BSP (equated though) has been done to avoid what is discused in the the thread above....
      This action by DLF also suggests that parking charges should not be there and a good way to overcome that. Guess they feel that this issue may take an ugly turn and they are executing precaution and at the same time ensuring that they charge for the parking slot. Having said that, Jaypee has been charging parking fees. Thats in document and they cannot deny that either. So, if parking charges (stilt) is illegal then they would have to either refund the amount or take actions like DLF. In such a scenario, they have few options:
      1. Increase BSP like DLF to cover for the parking charge. Can they do that now?
      2. Increase super area to cover for the parking charge. This they can surely play around with. However, in most of their projects they seem to be increasing teh super area by 8 to 10% anyways (read in various threads in IREF). They can only increase the super area by 10% so even if they play around with the super area to cover for the parking space they cant do that by much and the money recovered by the customers would be far more substantial than the increase.
      3. Ask for cash and not provide receipts. This I doubt Jaypee would resort to. Though if they do decide to do so, for many of the projects they have already collected the parking charges. So would they then alter the PAL and then collect the money in cash form. Seems a little tricky for them do so.
      4. Construct three sided boundary (possibly for few feet high) for each parking slot and then that would possibly be categorized as a "garage" and hence make parking charges legal. This I would not mind as that would make the parking more secure for cars and customers would get at least something if not the refund.

      Of course, this all boils down to the fact that can stilt parking be charged or not. Lawyers can assist but I guess such steps by companies like DLF surely seems to be strengthening the case that possibly parking charges are illegal.

      Comment


      • Re : Jaypee Greens Wishtown, Noida

        Originally posted by mpandey78 View Post
        This action by DLF also suggests that parking charges should not be there and a good way to overcome that. Guess they feel that this issue may take an ugly turn and they are executing precaution and at the same time ensuring that they charge for the parking slot. Having said that, Jaypee has been charging parking fees. Thats in document and they cannot deny that either. So, if parking charges (stilt) is illegal then they would have to either refund the amount or take actions like DLF. In such a scenario, they have few options:
        1. Increase BSP like DLF to cover for the parking charge. Can they do that now?
        2. Increase super area to cover for the parking charge. This they can surely play around with. However, in most of their projects they seem to be increasing teh super area by 8 to 10% anyways (read in various threads in IREF). They can only increase the super area by 10% so even if they play around with the super area to cover for the parking space they cant do that by much and the money recovered by the customers would be far more substantial than the increase.
        3. Ask for cash and not provide receipts. This I doubt Jaypee would resort to. Though if they do decide to do so, for many of the projects they have already collected the parking charges. So would they then alter the PAL and then collect the money in cash form. Seems a little tricky for them do so.
        4. Construct three sided boundary (possibly for few feet high) for each parking slot and then that would possibly be categorized as a "garage" and hence make parking charges legal. This I would not mind as that would make the parking more secure for cars and customers would get at least something if not the refund.

        Of course, this all boils down to the fact that can stilt parking be charged or not. Lawyers can assist but I guess such steps by companies like DLF surely seems to be strengthening the case that possibly parking charges are illegal.
        In connection to how DLF has mentioned parking charges, please see the link below:
        http://www.dlf.in/dlf/wcm/connect/68...1-13856e534f78

        Comment


        • Re : Jaypee Greens Wishtown, Noida

          Originally posted by mpandey78 View Post
          In connection to how DLF has mentioned parking charges, please see the link below:
          http://www.dlf.in/dlf/wcm/connect/68...1-13856e534f78
          Some verbiage mentioned in the DLF link which I thought that I should highlight:

          Basic Sale Price of Apartment including right
          to use 2 car parks

          SALE VALUE = (BASIC SALE PRICE x SUPER AREA OF APARTMENT) + (PLC + EDC + IDC + OTHER GOVT. CHARGES)

          Right to use per apartment is for two car parking slots.



          Comment


          • Re : Jaypee Greens Wishtown, Noida

            Originally posted by mpandey78 View Post
            Dinesh bhai. I have attached some links for details on the parking space. The very first one is from Akosha. (Consumer Tadka is an initiative by the Akosha Team. Akosha is an online consumer forum (an alternative to consumer court). You can resolve your disputes by registering/filing your complaint online on our website (www.akosha.com).)

            Warning: Buying A House, Don’t Pay For The Parking Space-It Is Illegal! | Consumer Tadka

            Some more links:
            Law on Parking Spaces
            SC Judgement: Builders can't sell open and stilt parking spaces : News Articles
            Builders violate Supreme Court ruling, charge hefty sums for car park - Times Of India
            Find out your legal rights on selling car parking slot

            I could post so many more links. However, I believe that this is a copy of the hearing. Now, I am not a lawyer but I guess some lawyer can ellborate better if stilt parking is considered a garage or not. As my understanding of the case, the final verdict was that stilt parking cannot be termed as a garage. A garage has to have a roof and three sided walls. Here is the link:

            Nahalchand Laloochand P.Ltd. vs Panchali Co-Op.Hng.Sty.Ltd. on 31 August, 2010
            Pandey Sir - I read a few links that you attached. What I could make out was that it is illegal to sell open and stilt parking but selling basement parking IS permitted as it is not part of common area and builder does extra construction for that.

            Jaypee is only selling basement parking.

            Can anyone check if this view is correct / incorrect?

            Sent from my GT-I9300 using Tapatalk 2

            Comment


            • Re : Jaypee Greens Wishtown, Noida

              Originally posted by mpandey78 View Post
              Dinesh bhai. I have few queries regarding the increase in the super area in Jaypee projects. I have heard that many of the Jaypee projects have an increase in their super area. My questions are as follows:

              1. Any idea if there is an official increase announced by Jaypee for Klassic duplex 1045 sq ft flats? I understand the final super area would be determined at teh time of possession but have been hearing a lot that some of the projects new brochure has the updated super area.
              2. Jaypee can increase teh super area upto 10%. What happens if they do so by more than that? Can that be challenged?
              3. What can customers do if Jaypee increases the super area but only a minor increase in teh carpet area. As in, Jaypee cannot say for example sake increase the super area by 100 sq ft and the difference to the carpet area be say 15 sq ft. Would that be legal? I have read few people complaining about it so was curious to know if anyone has any opinion on this?
              4. Ideally teh carpet area is anywhere between say 65 to 70 percent of teh said super area. If Jaypee increase teh super area, should that not be on similar specs? As in for a 100 sq ft super area increase the carpet area should also increase by 65 to 70 sq ft. I wanted to know if there is any regulatory regarding this.

              Yet again, thanks everyone for having assisted me with my previous queries.
              Pandey Sir - virtually all builders are doing this. We are in the absence of a regulator and a basic thing as defining carpet / super area is not mandatory.

              We all conciously agree in the application form that minor increase / decrease will be allowed.

              I am unaware of any court ruling so far which can help reign the builder in.

              They are all taking advantage of this lack of regulation

              Sent from my GT-I9300 using Tapatalk 2

              Comment


              • Re : Jaypee Greens Wishtown, Noida

                Originally posted by mpandey78 View Post

                1. Any idea if there is an official increase announced by Jaypee for Klassic duplex 1045 sq ft flats? I understand the final super area would be determined at teh time of possession but have been hearing a lot that some of the projects new brochure has the updated super area.
                2. Jaypee can increase teh super area upto 10%. What happens if they do so by more than that? Can that be challenged?
                3. What can customers do if Jaypee increases the super area but only a minor increase in teh carpet area. As in, Jaypee cannot say for example sake increase the super area by 100 sq ft and the difference to the carpet area be say 15 sq ft. Would that be legal? I have read few people complaining about it so was curious to know if anyone has any opinion on this?
                4. Ideally teh carpet area is anywhere between say 65 to 70 percent of teh said super area. If Jaypee increase teh super area, should that not be on similar specs? As in for a 100 sq ft super area increase the carpet area should also increase by 65 to 70 sq ft. I wanted to know if there is any regulatory regarding this.

                Yet again, thanks everyone for having assisted me with my previous queries.
                Pandeyji
                Here are my thoughts:
                1. Official announcement for existing buyers wont be made up until possession generally.
                2. Anything JP does (including increase in super area of more than 10%) can be challenged. But the chances of that challenge succeeding are v low if not 0. BPTP and frnds have increased super area by 15 - 36% in FBD... No one has been able to get a stay on this. And this super area increase had 0 corresponding carpet area increase.

                3. Ppl can protest, file cased and stage dharna etx. Any of this is unlikely to succeed IMO. This doesnt mean one shudnt try.

                4. There is no regulatory requirement on this. Builders frequently con their customers like this under excuses of structural stability etx.

                Among my recent transactions only Ashiana has not increased super area at the time of delivery. Others have increased from 8% to 20% without too many ppl complaining.

                Sent from my GT-I9100

                Comment


                • Re : Jaypee Greens Wishtown, Noida

                  Originally posted by dineshsays View Post
                  Pandey Sir - I read a few links that you attached. What I could make out was that it is illegal to sell open and stilt parking but selling basement parking IS permitted as it is not part of common area and builder does extra construction for that.

                  Jaypee is only selling basement parking.

                  Can anyone check if this view is correct / incorrect?

                  Sent from my GT-I9300 using Tapatalk 2
                  I think some lawyer should confirm if selling parking in basement is legal in terms of court judgement etc. it will become important when time for delivery of various projects come and before that for talking to builder.
                  As regards super area increase no builder can be allowed to increase the same without actual increase in area even if it is written in allotment letter or application. We can't have a clause or agreement that u can befool me or blackmail me or overcharge me. In such case such clause will be invalid or illegal or such portion of contract will be be void/voidable/void abinitio as we read in Contract Act earlier. I am not a lawyer, but I did read similar things while I was a student.
                  Last edited December 29 2012, 09:17 AM.

                  Comment


                  • Re : Jaypee Greens Wishtown, Noida

                    What will eventually be the entry for Jaypee Wishtown from Delhi Side ? Currently the side lane from the expressway going to a small underpass connects the township with Delhi. Once Wishtown is inhabited this will be a very difficult road to travel since two cars can barely travel side by side on this road.

                    Is there any direct entry planned from the expressway through a loop flyover or an underpass?

                    Comment


                    • Re : Jaypee Greens Wishtown, Noida

                      Originally posted by dineshsays View Post
                      Pandey Sir - I read a few links that you attached. What I could make out was that it is illegal to sell open and stilt parking but selling basement parking IS permitted as it is not part of common area and builder does extra construction for that.

                      Jaypee is only selling basement parking.

                      Can anyone check if this view is correct / incorrect?

                      Sent from my GT-I9300 using Tapatalk 2
                      India uses common law the same as other commonwealth countries and I have never come across the notion that parking space is free anywhere.

                      What you are saying seems to be the most logical scenario as the only way the court can raise objection is if something that has been sold to you is being resold back to you. I.e. you paid for the uncovered space on the plot as part of you super area but didn't pay for any additional space they create in the basement.

                      Therefore the builder should most likely be allowed to charge for underground parking (99%).

                      See building basement parking is not compulsory for the builder. It is additional work done to provide convenience to the clients. If the court makes the builders give away covered parking space builders will refrain from building adequate space therefore setting bad precedence.

                      Charging for outside parking though is daylight robbery which is the only place I can see anyone take objection.

                      The other most likely scenario could be that the court may ask jaypee to include the underground parking as part of the super area and have no reserved parking. This seems unlikely and we will end up paying for it still.

                      There is nothing like a free lunch people. But still I would be happy to be proved wrong.

                      Comment

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