Re : Jaypee Greens Wishtown, Noida

[MeinSonu]

Are you sure basements are included in super area?

Also , could you clarify the part in bold?

Answer is no. But I think you are missing a point. The Judgment does not provide whether lawn is a common area, or club is common area, or lobby is common area. It defines common area in holistic manner and provides a test whether such part of the building is normally in common use. It rejects the notion that when a parking space is sold to a flat purchaser, it is to the exclusion of other flat purchasers and, therefore, logically also it cannot be part of common areas. So any area which is not covered from three sides wall and not sold as a unit should be a common area.
But remember that if any case is filed today by a noida flat owner or society, the builder will try to differentiate this judgment on the basis that maharashtra local laws are involved which are not applicable in UP. Don't know what view consumer court will take if such thing happens.

[mindguru]

Are you sure basements are included in super area?

Also , could you clarify the part in bold?

In Group housing policy as per NA, basements are not included in FAR if used for parking purposes. That means technically, they cannot charge for its sale.

[fatichar]

In Group housing policy as per NA, basements are not included in FAR if used for parking purposes. That means technically, they cannot charge for its sale.

Even if basements are not included in FAR, they still cost something to build! If builders are not allowed to charge for them, they would either not make them, or include the price in the price of flat. How would that benefit the customer?

Only problem I see is if builder are adding the parking area to the super area calculation.

[MeinSonu]

All these talks are in air. Without reading the noida development rules and state laws, no conclusion can be reached. It is quite possible that judgment is just not applicable in the regulatory environment of UP. I am sure the developers would have obtained solid opinions before including price of parking in the deal. In mumbai as far as i remember, payment of parking is made in all black

[anantv]

In mumbai as far as i remember, payment of parking is made in all black

Absolutely wrong. And illegal. I dont deny the fact that you 'can' do this with some builders but its certainly not the norm.
Builders across the country are free to charge for basement parking.

Sent from my GT-I9100

[mpandey78]

Answer is no. But I think you are missing a point. The Judgment does not provide whether lawn is a common area, or club is common area, or lobby is common area. It defines common area in holistic manner and provides a test whether such part of the building is normally in common use. It rejects the notion that when a parking space is sold to a flat purchaser, it is to the exclusion of other flat purchasers and, therefore, logically also it cannot be part of common areas. So any area which is not covered from three sides wall and not sold as a unit should be a common area.
But remember that if any case is filed today by a noida flat owner or society, the builder will try to differentiate this judgment on the basis that maharashtra local laws are involved which are not applicable in UP. Don't know what view consumer court will take if such thing happens.

One part of the SC judgment clearly states that a builder can "ONLY" sell a flat and that the rest would be clasified as common area "EVEN IF" they do not mention parking within common area.
Secondly, it is not just applicable for Maharastra but also to NCR. I had read that in one article with reliability.
Third. Yes the builder has ways out and one of them is to include the price in the basic sale price, etc. However, they cannot do so with alreay existing projects. It could lead them to a lot of trouble.

Glad to see few more opinions coming out on this topic.

[MeinSonu]

Builders across the country are free to charge for basement parking.

Sent from my GT-I9100

i beg to disagree.

[rohitsh09]

Awesome pics, rajesh.

Even I am curious as to how you got these pics - looks like balloon photography - sorry, just got a closer look at the helicopter rotors in 2-3 photos - seems to have made a complete circuit of wishtown.

Thanks very much for posting such beautiful pics - really appreciate it

If you look at this picture, one realises just how much better the Kosmos layout design is compared to even Klassic. In Klassic 50% of flats will face another long tower block - jail like feeling will come. Rest 50% will either face institutional area (best location I feel) or Kosmos (not as bad as facing inside, because of the road - better than facing inside.

KOsmos is much better than LB and most other projects of similar density.

Logix blossom county is the only better layout than this. blossom has a nice inner park to see for 50% of the flats - rest 50% have to face whatever is outside.

Kosmos around 80% of the flats will be facing other towers - but at an angle which will not make it seem like a jail - unlike Today ridge, LB, LP etc which will have jailish feel. Square tower blocks feel the worst, angles are better.

The place to be in Kosmos is along one of the internal roads, because there will be a sense of greater space - the higher the better except top floor for least jail like feeling - for own living without kids (as discussed earlier numerous times).

Ground to 4-5th floor along a road will be best for family with kids. Kosmos facing Klassic will be better than Klassic facing Klassic on inner side because of road

Kosmos heights might feel completely enclosed - not preferred. Floors 18, 19 and 20 will have a grand view of all the 17 floor Kosmos terraces - horrible. Kosmos phase 2 inside facing flats will also be quite jailish (one side of my own flat will face road, other will face inside with nose piece flat close by - not so good !!!! - but there was no better option available)

Hello,
Can anyone email me the link to these pics? I am able to se eonly one pic. If some one gives me link for other as well then wud be gr8.

thanks,
Rohit
email - rohitsh09@gmail.com

[arpitk1008]

Why don;t somebody based at Noida file an RTI in Noida Authority to clarify if a Builder can charge seperately for open / covered or stilt parking.

It would be a generic query & not against any specific project / builder.

[pankaj804]

Hi All,

Just wanted to share my recent experience with Jaypee customer care. I booked my PH4-3BHK unit in 2009 on down-payment plan(got down-payment and broker discount on BSP) . My deal was pretty good because they also agreed to charge all extra charges (including car parking, IDC, IFMD etc) at the time of possession.

My project delivery date per PAL is June/2012 ( per Jaypee's current estimate it's June/2014 now). I spoke to Jaypee customer Care in November/2012 and expressed my desire to convert to Construction linked plan (if it’s in my favor). I requested them to help me with the calculation and suggest the better plan for me. Frankly speaking, I was thinking they would come back with suggestion to stick with my down-payment plan OR some sort of plan which will not be purely in favor of me.

They took about 4-5 days and came back with the calculation which showed interest earned @12% on against the amount I gave to them in 2009 as part of the down-payment plan. To my surprise, they were very honest in the calculation and suggested me to convert to the construction linked plan. They also honestly told me that my interest amount will keep earning the interest and at the time of possession I might not owe any amount to them (or better, they might owe me). They also assured me that no service tax will be charged since I paid them the entire amount in 2009.

They upfront told me, it might take about 2-3 months to get the final amendment letter. Today I got the amendment letter (after about 2 months) for the construction linked plan. Even after converting me to Construction Linked plan, they keep their initial commitment to take all extra charges at the time of possession only (which is a good benefit for me)

I am not sure how many builders actually have this kind of Ethics, but I must say I am really very pleasantly surprised and impressed. There are negatives like delay, poor customer service etc. but this kind of honesty/ethics should surely be applauded.