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3C Denied Late Penalty Calling All 3C Buyers 300 Boulevard Panache Zing City

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3C Denied Late Penalty Calling All 3C Buyers 300 Boulevard Panache Zing City

Last updated: January 20 2018
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  • Re : 3C Denied Late Penalty Calling All 3C Buyers 300 Boulevard Panache Zing City

    The penalty clause of most BBAs implies that builder would pay penalty only if you have made all the payments in time. This is part of most of the BBAs which buyers sign.

    The clause(s) implying this goes agains all canons of natural justice because when the buyer delays,he pays penalty and because he has paid the penalty ,he is denied payment of penalty by the Builder on late possession . So he gets punished twice for same crime and builder gets benefited twice for the same crime (for want of a better word)of the buyer.

    Moreover, the builder can get away with a disproprotionate gravity of the crime. While the buyer may delay the payment by a week, the Builder can then get away even with a delay of a year or two.

    What,then, is the remedy to this malady? The builder will never agree to persuasion or moral suasion.

    Agitations and slogan shouting should be only one part, the legal recourse is the only way out. Somebody should get a highcourt judgement making this caluse null and void. Only a highcourt or Supreme Court judgement will convert it into a law or a precedent.

    Does UP apartment ACt deal with it? If yes, it may override this clause.

    Otherwise, who will bell the cat?

    Best regards
    Rakesh Sharma

    Comment


    • Re : 3C Denied Late Penalty Calling All 3C Buyers 300 Boulevard Panache Zing City

      Is the Promoters of 3C Group and Lotus Green Group are same..............!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!

      From my source of information is yes......... that means what today is happening in cases of LB, LP, L300, LZ will implies to Lotus Green projects soon.................

      Comment


      • Re : 3C Denied Late Penalty Calling All 3C Buyers 300 Boulevard Panache Zing City

        Sab chor hai, bholi bhali public ko chutia bana rahe hai aur log ban rahe hai............................................... ..................
        Entire land parcel is in question these day in court because the same land parcel is with someone else also..............................................

        Comment


        • Re : 3C Denied Late Penalty Calling All 3C Buyers 300 Boulevard Panache Zing City

          Some of us are quick to blame the buyer's greed for making quick money to be the chief reason for the problems actually caused by unscrupulous builders. A dash of greed is good and creation of capital is the biggest service you can do to yourself and the nation.

          The blame squarely lies with the politician-authority and builder nexus resulting in unbridled greed , shortcuts and unethical practices in the industry and most of these problems happen in the Cow belt.

          Just like the penalty clause, another clause which can easily be struck down by the court is about the transfer charges or if it is not part of the agreement, a ruling can be obtained as it militates against free trade. The transfers cannot be & should not be ever stopped and the transfer charges have to be very reasonable and not Rs 500 square feet as some builders charge.

          Look at Supertech. It is no longer the Supertech of 10 years ago. It has become big, professional(in some sense only), technologically savvy but they have blown it all by their customer unfriendly activities. There is hardly any construction company which evokes so much hatred & dread amongst the buyers. From whatever I read they may have stiff competition from 3C, lotus etc who are trying to steal a march on Supertech and may even make it look like an angel.

          A big company should act big and should have a bigger heart than a buyer.

          Some other areas where some standard ruling is needed is:

          1 increase/ decrease in super area and circumstances in which it can be invoked and the stage where a buyer should be informed about it.

          2 At least 20 % amount should be payable on possession. This will ensure faster deliveries.

          3 Cost escalation on the grounds of labour and material should never be allowed. If a builder cannot mange this ,he has no business to be in this business. The customer is always expected to manage money -whether he begs, borrows or steals. So the builder should also learn to manage.

          4 Barring Noida extension like disputes FAR once fixed should not be allowed to be changed and so should be the ratio of the greens to covered area.

          5 Some provision for quality checks for high rise building should be mandatory. Many of these building in Noida extension may fall down when the earthquake may not have even knocked at the door. The authorities are blind, customers have no choice, builders couldn't care less.

          All that a customer wants is good quality, an exit option, timely delivery and a layout as was promised at the start and perhaps reasonable maintenance charges.

          These should be settled in one go but I reckon that these things will take a long time to be established as their will be many litigations in Noida & Greater Noida and court rulings will take two to three years.

          Ideally the authority should step in and if they are honest, there will never be any dispute.

          These wasted years and time is what costs India dear in every sphere.

          Best regards
          Rakesh Sharma
          Last edited August 3 2014, 11:33 PM.

          Comment


          • Re : 3C Denied Late Penalty Calling All 3C Buyers 300 Boulevard Panache Zing City

            Originally posted by sharmarsv View Post
            Some of us are quick to blame the buyer's greed for making quick money to be the chief reason for the problems actually caused by unscrupulous builders. A dash of greed is good and creation of capital is the biggest service you can do to yourself and the nation.

            The blame squarely lies with the politician-authority and builder nexus resulting in unbridled greed , shortcuts and unethical practices in the industry and most of these problems happen in the Cow belt.

            Just like the penalty clause, another clause which can easily be struck down by the court is about the transfer charges or if it is not part of the agreement, a ruling can be obtained as it militates against free trade. The transfers cannot be & should not be ever stopped and the transfer charges have to be very reasonable and not Rs 500 square feet as some builders charge.

            Look at Supertech. It is no longer the Supertech of 10 years ago. It has become big, professional(in some sense only), technologically savvy but they have blown it all by their customer unfriendly activities. There is hardly any construction company which evokes so much hatred & dread amongst the buyers. From whatever I read they may have stiff competition from 3C, lotus etc who are trying to steal a march on Supertech and may even make it look like an angel.

            A big company should act big and should have a bigger heart than a buyer.

            Some other areas where some standard ruling is needed is:

            1 increase/ decrease in super area and circumstances in which it can be invoked and the stage where a buyer should be informed about it.

            2 At least 20 % amount should be payable on possession. This will ensure faster deliveries.

            3 Cost escalation on the grounds of labour and material should never be allowed. If a builder cannot mange this ,he has no business to be in this business. The customer is always expected to manage money -whether he begs, borrows or steals. So the builder should also learn to manage.

            4 Barring Noida extension like disputes FAR once fixed should not be allowed to be changed and so should be the ratio of the greens to covered area.

            5 Some provision for quality checks for high rise building should be mandatory. Many of these building in Noida extension may fall down when the earthquake may not have even knocked at the door. The authorities are blind, customers have no choice, builders couldn't care less.

            All that a customer wants is good quality, an exit option, timely delivery and a layout as was promised at the start and perhaps reasonable maintenance charges.

            These should be settled in one go but I reckon that these things will take a long time to be established as their will be many litigations in Noida & Greater Noida and court rulings will take two to three years.

            Ideally the authority should step in and if they are honest, there will never be any dispute.

            These wasted years and time is what costs India dear in every sphere.

            Best regards
            Rakesh Sharma
            Good one sharmasv !!

            I also posted one thread on similar topic in the past but what a helpless buyer can do when authority shake hands with builders instead of protecting buyers ...https://www.indianrealestateforum.co...-pride?t=78730

            Comment


            • Re : 3C Denied Late Penalty Calling All 3C Buyers 300 Boulevard Panache Zing City

              Originally posted by sharmarsv View Post
              Some of us are quick to blame the buyer's greed for making quick money to be the chief reason for the problems actually caused by unscrupulous b

              Best regar

              Very well written. These builders like supertech want to take advantage of the short term memory that Indians have. They forget that this is not public money which is at stake. When it's comes to our own money Indian have an elephants memory. The only way to stop these builders is to completely boycott there products and teach them a lesson to adhere to laws of our country. So they don't mKe the mistake of fooling people again.

              Comment


              • Re : 3C Denied Late Penalty Calling All 3C Buyers 300 Boulevard Panache Zing City

                Fact...and bitter truth

                These third class builders are enjoying and progressing because of GREED of buyers and their ATTITUDE towards Real estate purchase....spl the educated class which is fooled easiest and in best way.

                Read the comments and threads from 2010-2012 to understand what i am saying

                Enjoy

                Apni tijori road pe khol ke baithogey to lutogey....

                Padhee likhee junta....jab tak apna attitude towards RE purchase nahin badlegee....lutegee...

                Comment


                • Re : 3C Denied Late Penalty Calling All 3C Buyers 300 Boulevard Panache Zing City

                  Good news

                  The competition commission of India will hold a hearing on most of the one sided clauses in the BBAs between September 22 to Septemeber 26. I had also written to them in May during one of my visits to India.

                  But perhaps clause on restriction of transfer has not been included. Somebody like derek111 can make a comprehensive list and send it to them.

                  Best regards
                  Rakesh Sharma
                  Last edited August 5 2014, 11:49 AM.

                  Comment


                  • Re : 3C Denied Late Penalty Calling All 3C Buyers 300 Boulevard Panache Zing City

                    Originally posted by sharmarsv View Post
                    Good news

                    The competition commission of India will hold a hearing on most of the one sided clauses in the BBAs between September 22 to Septemeber 26. I had also written to them in May during one of my visit to India.

                    But perhaps clause on restriction of transfer has not been included. Somebody like derek111 can make a comprehensive list and send it to them.

                    Best regards
                    Rakesh Sharma
                    Sure I will do !! If possible kindly PM their mail id (sorry for troubling you).

                    Comment


                    • Re : 3C Denied Late Penalty Calling All 3C Buyers 300 Boulevard Panache Zing City

                      Originally posted by sharmarsv View Post
                      Good news

                      The competition commission of India will hold a hearing on most of the one sided clauses in the BBAs between September 22 to Septemeber 26. I had also written to them in May during one of my visit to India.

                      But perhaps clause on restriction of transfer has not been included. Somebody like derek111 can make a comprehensive list and send it to them.

                      Best regards
                      Rakesh Sharma

                      Rakesh Ji this is wonderful. How was this initiated and who is leading this initiative now.

                      Comment

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