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Jaypee Greens Wishtown, Noida

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

    Originally posted by saihtul View Post
    Hi,

    I am looking for RTM on expressway, last sunday we visited Cosmos and Klassic.....Like Klassic more. Loading is very less.

    What is the on going rate for Cosmos & Klassic? Is it good buy ....as there is no other option available at expressway at cheap price.

    Kindly guide.
    klassic on going rates are around 4400-4700 BSP for ready towers , rest of the towers you can get for 4200-4400 depends on location and floor, last deal i heard was around 4400 in b2 tower for 3 bhk apartment . 7th floor

    Comment


    • Re : Jaypee Greens Wishtown, Noida

      Three pronged legal attack plan on Jaypee

      Originally posted by ga_fms View Post
      Indian law: Caveat emptor or Buyer beware


      The judgement in case of Supertech was breach of Norms and for DLF the agreement ( by CCI)

      None of the cases unfair conditions in BBA (signed by buyer) is penalized, only commented by way of providing model BBA template (in case of DLF by CCI).

      Any agreement signed will only be nullified if it is by coersion as per contract law.

      Buyer has always the option to not sign otherwise (sans coersion)

      Legal route is advised only after making registration in your name.
      While you are largely right, please consider an alternative plan below:

      A three pronged legal attack plan which DTPOWS can adopt.

      Prelim points:

      1. Engage cheap lawyer only - rely on the legal merits rather than on expensive lawyer

      2. Simultaneously file case in three courts - legal fee for filing case is just few hundred rupees

      3. Each case is different but lawyer is same and DTPOWS pays for it.

      4. Send legal notice of all 3 cases to Jaypee before filing, to fine tune the points and to get notice of their counter arguments

      5. File regardless of their reply as a bargaining tactic - especially the arrest of promoters tactic

      6. Be ready to withdraw one or more case i.e. they are bargaining counters as well - so before filing we negotiate with Jayee.

      The three cases which should be filed are as follows

      1. Consumer court: This can be approached by people who dont want their flat. A lot of people have booked in 2009 and are sitting on very poor gains. People booking in 2011 are sitting on losses. Both groups have seen their deadline pass by. A number of judgements have come where because of delay, the builder has been asked to return capital with 18% interest.

      Let us assume someone booked in 2009 and by 2012 had made 90% of payment and construction is stuck. Let us assume 50L had been paid in CLP till 2012. Then from 2012 to 2015 i.e. three years, 50L at 18% compound interest becomes 85 Lakhs. In addition, some money would have been paid from 2009 to 2012 also and the interest amount from that would become another 15 lakh, so 1 crore would be the amount as of 2015 - whih means you can file in national consumer redressal coommission. Most consumer courts give verdict after 2 years - by which time more of 18% interest would add up - and in most cases, still the flat would nt get ready. Adding interest till 2017, the amount with interest at 18% becomes 1.43 crores.

      So instead of flat, you can opt for 1.43 crores in cash even for 50 Lakhs flat. Even if the flat gets delivered, it will cost much less than this amount and will probably sell for less than 1 crore. So this is a viable option, especially given the real estate slow down.

      Please note that this is not delay compensation - this is return of capital with penal interest. There are 3 verdicts which have given this penal interest, and such a case in consumer court is most likely to stick. So the 12% delay penalty charged from buyers is not a concern in this at all - this is return of capital.

      Please note again - if Jaypee does not honour the verdict, their promoters will go to jail. Their only appeal is the supreme court - which i unlikely to entertain the appeal and is likely to throw it out without hearing based on written submission. Consumer court can also direct a payment be made pending appeal - so you get the award immediately regardless of appeal.

      If 50 people who are ready to forgo flat and get money instead can be found - Jaypee will have to pay 75 crore. A big thing.

      Simply filing this case is enough for the association to have Jaypee where it wants - because Jaypee cannot risk adverse verdict, since everybody will prefer 18% rather than flat.

      It can be used to armtwist Jaypee into forgoing super area increase - or if it gets increased, they dont charge for it (so we get it free) - a legally binding agreement to this effect - and additional compensation - can be got from Jaypee in return for dropping the suit.

      It can be filed immediately and regardless of registry because those who file dont want the flat.

      2. Allahabad High Court. We can file a case against Jaypee for not following the rules of UP Apartment Act i.e. super area increase being illegal. Filed by DTPOWS against JP, quoting the long commentary on UP apartment act given by Allahad High COurt in 2013. This is only a diversionary tactic, because the court will say - final measurement will form the basis.

      Our point will be that even if there is increase, we will pay stamp duty but we will not pay JP extra for the super area increase. This will have to be filed only by those people who have got their flat delivery i.e. Pavillion, Klassic, some towers of Kosmos and few others.

      If we win the case, JP will have to return the extra money they have charged for super area increase.

      3. Competition commission. It is expensive to do real fight in this court. Lawyers will be interested in sucking our blood only. We should file a "try our chance" petition here using cheap lawyer. Our claims will be

      a. Jaypee is dominant
      b. Jaypee did not do builder buyer agreement but only allotment letter and application form
      c. Jaypee mislead the buyers by giving 10-16% lower super area when selling
      d. They did not disclose building blueprint plans
      e. They increased super area at the end in a planned way to cheat the buyers - and made erroneous calculations for Pavillon and Klassic (as I have already posted on IREF) by including areas which should not have been included.
      f. This is abuse of dominance
      g. Average of 10% of super area increase is being demanded by Jaypee
      h. They should be penalised by stripping them of these profits being made in a malafide way by abuse of dominant postion.
      i. Also that the promoters who are in violation of UP apartment act should be arrested as laid down in the act and punished according to the laws applicable

      This case will be filed as a flanking petition only - and we will not spend money on this - because we get nothing from it. Our aim is only that we either withdraw this petition because we settle the super area issue out of court with Jaypee - or we pursue the case with minimal costs just to strip Jaypee of its ill gotten gains due to super area increase - so that even if they win in Allahabad high court or do not settle with us - they stand an even chance of being stripped of these profits and penalised in addition to it.

      All three cases should be filed simultaneously because they form a part of a larger plan - our goals from all this would be

      1. If super area is increased, fine, but we wont pay for it

      2. Increased compensation for delay to withdraw the case from consumer court

      From filing all three cases, nobody gets harmed and it costs very little. So it makes sense to go ahead.

      DTPOWS can also file a fourth and fifth cases as follows

      4. File a complaint in NOIDA authority that building plans have not been disclosed as per UP apartment act

      5. File a case in Allahabad high court after this NOIDA Authority complaint - saying that Jaypee is in violation of UP apartment act because of non disclosure - and that the promoters be arrested as laid down in UP apartments act.
      Venky (Please read watch a or before posting)

      Comment


      • Re : Jaypee Greens Wishtown, Noida

        Originally posted by Venkytalks View Post
        While you are largely right, please consider an alternative plan below:

        A three pronged legal attack plan which DTPOWS can adopt.

        Prelim points:

        1. Engage cheap lawyer only - rely on the legal merits rather than on expensive lawyer

        2. Simultaneously file case in three courts - legal fee for filing case is just few hundred rupees

        3. Each case is different but lawyer is same and DTPOWS pays for it.

        4. Send legal notice of all 3 cases to Jaypee before filing, to fine tune the points and to get notice of their counter arguments

        5. File regardless of their reply as a bargaining tactic - especially the arrest of promoters tactic

        6. Be ready to withdraw one or more case i.e. they are bargaining counters as well - so before filing we negotiate with Jayee.

        The three cases which should be filed are as follows

        1. Consumer court: This can be approached by people who dont want their flat. A lot of people have booked in 2009 and are sitting on very poor gains. People booking in 2011 are sitting on losses. Both groups have seen their deadline pass by. A number of judgements have come where because of delay, the builder has been asked to return capital with 18% interest.

        Let us assume someone booked in 2009 and by 2012 had made 90% of payment and construction is stuck. Let us assume 50L had been paid in CLP till 2012. Then from 2012 to 2015 i.e. three years, 50L at 18% compound interest becomes 85 Lakhs. In addition, some money would have been paid from 2009 to 2012 also and the interest amount from that would become another 15 lakh, so 1 crore would be the amount as of 2015 - whih means you can file in national consumer redressal coommission. Most consumer courts give verdict after 2 years - by which time more of 18% interest would add up - and in most cases, still the flat would nt get ready. Adding interest till 2017, the amount with interest at 18% becomes 1.43 crores.

        So instead of flat, you can opt for 1.43 crores in cash even for 50 Lakhs flat. Even if the flat gets delivered, it will cost much less than this amount and will probably sell for less than 1 crore. So this is a viable option, especially given the real estate slow down.

        Please note that this is not delay compensation - this is return of capital with penal interest. There are 3 verdicts which have given this penal interest, and such a case in consumer court is most likely to stick. So the 12% delay penalty charged from buyers is not a concern in this at all - this is return of capital.

        Please note again - if Jaypee does not honour the verdict, their promoters will go to jail. Their only appeal is the supreme court - which i unlikely to entertain the appeal and is likely to throw it out without hearing based on written submission. Consumer court can also direct a payment be made pending appeal - so you get the award immediately regardless of appeal.

        If 50 people who are ready to forgo flat and get money instead can be found - Jaypee will have to pay 75 crore. A big thing.

        Simply filing this case is enough for the association to have Jaypee where it wants - because Jaypee cannot risk adverse verdict, since everybody will prefer 18% rather than flat.

        It can be used to armtwist Jaypee into forgoing super area increase - or if it gets increased, they dont charge for it (so we get it free) - a legally binding agreement to this effect - and additional compensation - can be got from Jaypee in return for dropping the suit.

        It can be filed immediately and regardless of registry because those who file dont want the flat.

        2. Allahabad High Court. We can file a case against Jaypee for not following the rules of UP Apartment Act i.e. super area increase being illegal. Filed by DTPOWS against JP, quoting the long commentary on UP apartment act given by Allahad High COurt in 2013. This is only a diversionary tactic, because the court will say - final measurement will form the basis.

        Our point will be that even if there is increase, we will pay stamp duty but we will not pay JP extra for the super area increase. This will have to be filed only by those people who have got their flat delivery i.e. Pavillion, Klassic, some towers of Kosmos and few others.

        If we win the case, JP will have to return the extra money they have charged for super area increase.

        3. Competition commission. It is expensive to do real fight in this court. Lawyers will be interested in sucking our blood only. We should file a "try our chance" petition here using cheap lawyer. Our claims will be

        a. Jaypee is dominant
        b. Jaypee did not do builder buyer agreement but only allotment letter and application form
        c. Jaypee mislead the buyers by giving 10-16% lower super area when selling
        d. They did not disclose building blueprint plans
        e. They increased super area at the end in a planned way to cheat the buyers - and made erroneous calculations for Pavillon and Klassic (as I have already posted on IREF) by including areas which should not have been included.
        f. This is abuse of dominance
        g. Average of 10% of super area increase is being demanded by Jaypee
        h. They should be penalised by stripping them of these profits being made in a malafide way by abuse of dominant postion.
        i. Also that the promoters who are in violation of UP apartment act should be arrested as laid down in the act and punished according to the laws applicable

        This case will be filed as a flanking petition only - and we will not spend money on this - because we get nothing from it. Our aim is only that we either withdraw this petition because we settle the super area issue out of court with Jaypee - or we pursue the case with minimal costs just to strip Jaypee of its ill gotten gains due to super area increase - so that even if they win in Allahabad high court or do not settle with us - they stand an even chance of being stripped of these profits and penalised in addition to it.

        All three cases should be filed simultaneously because they form a part of a larger plan - our goals from all this would be

        1. If super area is increased, fine, but we wont pay for it

        2. Increased compensation for delay to withdraw the case from consumer court

        From filing all three cases, nobody gets harmed and it costs very little. So it makes sense to go ahead.

        DTPOWS can also file a fourth and fifth cases as follows

        4. File a complaint in NOIDA authority that building plans have not been disclosed as per UP apartment act

        5. File a case in Allahabad high court after this NOIDA Authority complaint - saying that Jaypee is in violation of UP apartment act because of non disclosure - and that the promoters be arrested as laid down in UP apartments act.

        As usual excellent ideas by Venky Bhai...........

        But karega kaun? This janata is only paper tiger on internet & FB. No real gut, inclination, interest or time to fight for a right cause.

        Good Luck

        Comment


        • Re : Jaypee Greens Wishtown, Noida

          Mr venky , as usual very informative and useful

          Comment


          • Re : Jaypee Greens Wishtown, Noida

            Originally posted by mukud12
            You know guys that Jaypee has become a brand in real estate market. You can invest your money.
            Joke of the day , on What basis you are saying

            Comment


            • Re : Jaypee Greens Wishtown, Noida

              Originally posted by Satya1212 View Post
              As usual excellent ideas by Venky Bhai...........

              But karega kaun? This janata is only paper tiger on internet & FB. No real gut, inclination, interest or time to fight for a right cause.

              Good Luck
              DTPOWS should do it.

              I however have resigned from DTPOWS long ago since I dont have time for it and also have health problems preventing active role and other reasons as I had posted on Jaypee Greens DTPOWS facebook page some months ago.
              Venky (Please read watch a or before posting)

              Comment


              • Re : Jaypee Greens Wishtown, Noida

                Originally posted by saihtul View Post
                Hi,

                I am looking for RTM on expressway, last sunday we visited Cosmos and Klassic.....Like Klassic more. Loading is very less.

                What is the on going rate for Cosmos & Klassic? Is it good buy ....as there is no other option available at expressway at cheap price.

                Kindly guide.
                I suggest you take a look at ats greens and Parasvnath Prestige

                The latter has good layout and low loading

                Comment


                • Re : Jaypee Greens Wishtown, Noida

                  Super explanations Venky!!!


                  Originally posted by Venkytalks View Post
                  While you are largely right, please consider an alternative plan below:

                  A three pronged legal attack plan which DTPOWS can adopt.

                  Prelim points:

                  1. Engage cheap lawyer only - rely on the legal merits rather than on expensive lawyer

                  2. Simultaneously file case in three courts - legal fee for filing case is just few hundred rupees

                  3. Each case is different but lawyer is same and DTPOWS pays for it.

                  4. Send legal notice of all 3 cases to Jaypee before filing, to fine tune the points and to get notice of their counter arguments

                  5. File regardless of their reply as a bargaining tactic - especially the arrest of promoters tactic

                  6. Be ready to withdraw one or more case i.e. they are bargaining counters as well - so before filing we negotiate with Jayee.

                  The three cases which should be filed are as follows

                  1. Consumer court: This can be approached by people who dont want their flat. A lot of people have booked in 2009 and are sitting on very poor gains. People booking in 2011 are sitting on losses. Both groups have seen their deadline pass by. A number of judgements have come where because of delay, the builder has been asked to return capital with 18% interest.

                  Let us assume someone booked in 2009 and by 2012 had made 90% of payment and construction is stuck. Let us assume 50L had been paid in CLP till 2012. Then from 2012 to 2015 i.e. three years, 50L at 18% compound interest becomes 85 Lakhs. In addition, some money would have been paid from 2009 to 2012 also and the interest amount from that would become another 15 lakh, so 1 crore would be the amount as of 2015 - whih means you can file in national consumer redressal coommission. Most consumer courts give verdict after 2 years - by which time more of 18% interest would add up - and in most cases, still the flat would nt get ready. Adding interest till 2017, the amount with interest at 18% becomes 1.43 crores.

                  So instead of flat, you can opt for 1.43 crores in cash even for 50 Lakhs flat. Even if the flat gets delivered, it will cost much less than this amount and will probably sell for less than 1 crore. So this is a viable option, especially given the real estate slow down.

                  Please note that this is not delay compensation - this is return of capital with penal interest. There are 3 verdicts which have given this penal interest, and such a case in consumer court is most likely to stick. So the 12% delay penalty charged from buyers is not a concern in this at all - this is return of capital.

                  Please note again - if Jaypee does not honour the verdict, their promoters will go to jail. Their only appeal is the supreme court - which i unlikely to entertain the appeal and is likely to throw it out without hearing based on written submission. Consumer court can also direct a payment be made pending appeal - so you get the award immediately regardless of appeal.

                  If 50 people who are ready to forgo flat and get money instead can be found - Jaypee will have to pay 75 crore. A big thing.

                  Simply filing this case is enough for the association to have Jaypee where it wants - because Jaypee cannot risk adverse verdict, since everybody will prefer 18% rather than flat.

                  It can be used to armtwist Jaypee into forgoing super area increase - or if it gets increased, they dont charge for it (so we get it free) - a legally binding agreement to this effect - and additional compensation - can be got from Jaypee in return for dropping the suit.

                  It can be filed immediately and regardless of registry because those who file dont want the flat.

                  2. Allahabad High Court. We can file a case against Jaypee for not following the rules of UP Apartment Act i.e. super area increase being illegal. Filed by DTPOWS against JP, quoting the long commentary on UP apartment act given by Allahad High COurt in 2013. This is only a diversionary tactic, because the court will say - final measurement will form the basis.

                  Our point will be that even if there is increase, we will pay stamp duty but we will not pay JP extra for the super area increase. This will have to be filed only by those people who have got their flat delivery i.e. Pavillion, Klassic, some towers of Kosmos and few others.

                  If we win the case, JP will have to return the extra money they have charged for super area increase.

                  3. Competition commission. It is expensive to do real fight in this court. Lawyers will be interested in sucking our blood only. We should file a "try our chance" petition here using cheap lawyer. Our claims will be

                  a. Jaypee is dominant
                  b. Jaypee did not do builder buyer agreement but only allotment letter and application form
                  c. Jaypee mislead the buyers by giving 10-16% lower super area when selling
                  d. They did not disclose building blueprint plans
                  e. They increased super area at the end in a planned way to cheat the buyers - and made erroneous calculations for Pavillon and Klassic (as I have already posted on IREF) by including areas which should not have been included.
                  f. This is abuse of dominance
                  g. Average of 10% of super area increase is being demanded by Jaypee
                  h. They should be penalised by stripping them of these profits being made in a malafide way by abuse of dominant postion.
                  i. Also that the promoters who are in violation of UP apartment act should be arrested as laid down in the act and punished according to the laws applicable

                  This case will be filed as a flanking petition only - and we will not spend money on this - because we get nothing from it. Our aim is only that we either withdraw this petition because we settle the super area issue out of court with Jaypee - or we pursue the case with minimal costs just to strip Jaypee of its ill gotten gains due to super area increase - so that even if they win in Allahabad high court or do not settle with us - they stand an even chance of being stripped of these profits and penalised in addition to it.

                  All three cases should be filed simultaneously because they form a part of a larger plan - our goals from all this would be

                  1. If super area is increased, fine, but we wont pay for it

                  2. Increased compensation for delay to withdraw the case from consumer court

                  From filing all three cases, nobody gets harmed and it costs very little. So it makes sense to go ahead.

                  DTPOWS can also file a fourth and fifth cases as follows

                  4. File a complaint in NOIDA authority that building plans have not been disclosed as per UP apartment act

                  5. File a case in Allahabad high court after this NOIDA Authority complaint - saying that Jaypee is in violation of UP apartment act because of non disclosure - and that the promoters be arrested as laid down in UP apartments act.

                  Comment


                  • Re : Jaypee Greens Wishtown, Noida

                    Originally posted by Dikraa View Post
                    I suggest you take a look at ats greens and Parasvnath Prestige

                    The latter has good layout and low loading

                    Hello Dikraa...thanks.

                    I guess ATS Greens and Parsvnath is in Gr Noida?

                    I am preferring Noida-GN expressway........for logix also we liked layout very much but delivery and quality is concern.

                    Jaypee has better const quality with less loading and nice location.......at least for JP RTM properties one can buy..

                    Comment


                    • Re : Jaypee Greens Wishtown, Noida

                      klassic has one cons that its only having one balcony , other than that in case you get it at ~ 4400 for good location it is a good deal , apartment is very and good and big from inside except balcony issue and ready to move in so risk is relatively less . additional charges also ok .

                      Comment

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