pnael interest

Sir,

I have purchased a plot in Sushant city, kurukshetra in the month of Aug 2010. The price of plot has two components, one is BSP( Basic Selling Price) and the second is EDC( External Development Charges).

The payment of both the components is to be made according to the schedule-I and schedule-II of payments respectively. The schedule-I and schedule-II are part of agreement signed between promoter and buyer (me) besides other terms and conditions.

Everything was going smooth till December 2010 when on dated 22/12/2010 M/s Ansal sent a registered letter to me in which it was "advised" to me to pay a sum of Rs 1,70,000 as a interest on EDC. Initially i thought that it as a case of some enhancement in EDC. But on searching internet i came to know that the EDC component can be increased only by government and for this necessary notification will be issued by Government. With the above knowledge when I approached the local office of Ansal they told me that it is not the case of enhanced EDC rather it is the case of Interest on EDC that Ansal has paid to government and the same is being distributed to the buyers of plots in township.

What had happened actually is that Government has charged panel interest from Ansals as they haven’t paid the EDC on time to government. This seems to be logical. Moreover, I guess that as per the license agreement between Ansals and government, the former has to pay EDC to government at the rates specified by govt. for the township. The Ansals in turn will take the EDC ( per/ sq yard) from buyer. Thus the EDC amount which buyer pays to builder (promoter) actually goes to government.

Now this is my logical interpretation, please correct if I am wrong.

1.      Whatever I am supposed to pay to builder, we will get that included in the agreement signed between me and promoter.

2.      Whatever the promoter is supposed to pay to govt. then both the parties (govt. and builder) must have included this in the agreement signed between them.

3.      So, we have two types of agreements here, one is between buyer and promoter AND other one is between promoter and government.

4.      It is quite logical that as per the terms and conditions of my agreement if I fail to make any payment to promoter on the scheduled dates then the promoter has the right to charge interest on.

5.      Similarly it is quite logical that as per the terms and conditions of agreement( between govt and promoter) if promoter fails to make any payment to government on the scheduled dates then the govt. has the right to charge interest on.

The case is,

M/s Ansal has failed to pay the EDC charges to government on scheduled dates as per their agreement and government has charged panel interest.

On the other hand I haven’t failed at any instance to pay my EDC charges to the promoter as per my agreement.

Now, Ansals want the buyers to pay the interest, which is very high( in lakh) to them coz they have paid the same to government on account of default.

Moreover, the interest is calculated from the date they got license i.e 2007. Even though I have purchased the plot in 2010.

Can Ansals( promoter) pass his penalties to the buyers?

As per the agreements all disputes are subjected to delhi courts only.

I want to know, what should be done in this case.

Should I go to consumer court

Or should I go to civil court.

And whether delhi court is binding on us as dispute is not based on the agreement terms rather it is demand that has been made by the promoter outside the terms of agreement

Kindly suggest

Regards

.

Hi Dear,

I purchased a plot in Ansal API - Karnal project in July 2010.I am paying the EMI in 2 year installment plan.
In Dec 2010, Ansal send one letter ( not on letter head) demanding some extra amount as intrest on the EDC that HUDA accepted fro Ansal in 2010 while it was supposed to be paid by Ansal in 2007 that was not mentioned in agreement letter
we sent a notice to Ansal through a advocate against that letter to which Ansal dint reply at all.
Now Can Ansal forfeit my plot if I donot pay this unjustified money that they are asking ? what should I do next? SHould I put a case in consumer court delhi ?
kindly guide.
Kindly share your suggestion with me at deepakels@gmail.com
BR//Deepak

Deepak Ji,

Ansals will never reply to your notice as they have nothing to speak as far as legal perspective is concerned. They have shown their greed and expecting that they will be able to make some money through this way. I also consulted a lawyer and i am advised not to do anything, just sit calmly. As far as your query is concerned,  you need not worry about it as Ansals don’t have any right to claim a single penny from you which is not written in the terms and conditions of agreement signed by you,

I was also curious to know the answer of this question, so one day I gave a phone call to the senior manager of ansal. I asked him, what they are going to do in case I don’t make the payment for which they have sent a letter.He started to speak on the line, that whatever money they are demanding from their customers is totally genuine and not even a single rupee is going in the ansals pocket, everything is to be given to government and so on…..

I stopped him in the middle and said, I didn’t call you to know that whether or not your demand is genuine, I already know that it is totally false now let us speak at one step ahead. If I don’t make you any payment what you will do? He said, he doesn’t have the answer. I know that they will never have this answer. You can also judge all these things from the kind of language they are using in the letter and also in the recent ad they have published in the “dainik basker" newspaper. They are not demanding (which they can’t) rather they are requesting for money else development work at the townships will be hampered. While writing this they are forgetting that it is their duty to get the 100% completion certificate from government else their guarantee for license will be impounded. And as per the license conditions of government of Haryana, in case any developer failed to complete his project then government will take over such project and will complete the development work itself.

So, right now I don’t see any major reason for worry. All that we have to do is strictly follow the payment plan as per our agreement and we should take the receipt of every payment we make. Nobody is paying them anything else which is not in the agreement.

Regards

Manoj

Hi Manoj ji,

Can you provide your contact number to me at deepakels@gmail.com

Actually I have one of my friend who had been working as a advocate with Ansal group in the past time

He told me some details as what can happen next.

This is sure that we dont have to pay this unjustified money but still we need to follow a legal path of action which We can discuss on e-mail.

BR//Deepak