a. Letter of booking / allotment

b. Account statement of CP2 showing payment dates or copies of receipts or payments

c. Copy of Apartment Buyer Agreement

d. Copy of all correspondence sent and received

e. Possession Letter / Sale deed (if not recd, please mention as possession not recd )

f. Any other information/documents you have that may effect your claims.

Please put all these papers in a hard file and mention your name, address, phone no and email ID on the cover of the file. When you have them ready, please email mail@cp2rwa.org for further instructions

2011-02-03 Article in TOI

Central Park India to issue quality certificates from leading consultants to its flat owners at the time of possession

New Delhi, December 10, 2010: Central Park India, developers of luxurious and upscale Central Park I & Central Park II projects in Gurgaon, will handover to all the customers, quality certificates from leading independent auditors and technical consultants like Grant Thornton and Jones Lang LaSalle, India. These independent consultants have certified area of each apartment, specifications, cost escalation, construction quality & structural integrity.

Bellevue, the Phase 1 condominium towers of Central Park II, is now being handed over to its delighted owners for possession. And with this latest project, Central Park is not only delivering homes but also on its promise of quality. Along with possession, home-owners are also getting certificates validating all specifications from leading auditors and technical consultants. The company is issuing six quality certificates that comply with the Buyer’s Agreement. The certificates carry a seal of approval from the consultants on specifications relating to the construction quality and the structural integrity of Bellevue.

Having firmly established itself as a leader in the market for upscale condominiums, Central Park is now safeguarding the interest of its customers by bringing transparency in all its dealings.

Details of the certificates are as under:

a. Super Area and cost escalation Certificate by Grant Thornton Advisory Pvt. Ltd., an international organization specializing in providing compliance and advisory services

ü Inspection report for Central Park property’s specifications to be in accordance with Buyer’s Agreement by Jones Lang LaSalle

b. Design and Safety Certificate by Dema Consulting (Member of Consulting Engineers Association of India). This would certify that Aluminium Glazings has been designed as per the provisions prescribed in the National Building Code and relevant Indian Standard Code IS:875 (Part 3) for wind pressure and safety from earthquake of the intensity anticipated under Zone IV

c. Certificate for the Safety of Mechanical, Electrical and Plumbing by KCB Associates Pvt. Ltd. ensures that the residence is safe for occupancy with respect to fire and electrical safety norms. Moreover, sufficient water storage and Sewage Treatment Plant has been provided.

d. Certificate of Non Encumbrance by a renowned Advocate

Promising transparency & safety to its customers, Central Park’s Vice President – Business Development, Mr. Vineet Nanda states, “We at Central Park believe that the relation of trust is central to our philosophy; this must be demonstrated more than mere words through actual on-ground implementation. Central Park is the first ever company in India to attain six quality certificates. Individual certificates are being handed over to each apartment owner at the time of possession. We are not just in the business of building apartments, we believe in building trust.”

About Sweta Estates Private Limited:

Sweta Estates Private Limited is a leading Real Estate Developer in India. It has a significant presence in the NCR region with various projects either already present in the market, or in various stages of development. Ashmore Associates LLC, a leading UK-based investment firm, has taken a significant equity stake in Sweta Estates. Sweta Estate is a zero-debt company & has bank balance in excess of Rs.3250 million and net worth of Rs.5200 million.

The company’s first project, Central Park I, a pioneering upscale condominium initiative located in Gurgaon, was an unprecedented success. Numerous projects are being planned across several states and scheduled to be executed in the near future. Sweta Estates has over 10.9 million sq ft of existing development and another 65 million sq ft planned in projects spanning sectors like hospitality, leisure, recreation, commercial and upscale residential developments.

Issue: Real Estate
Court:- STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Dated:- 20/04/ 2007
FIRST APPEAL NO.:- 557 OF 2003
Brig. (Retd.) Kamal Sood
Apartment No. W-112
Regency Park II
Phase IV DLF City
Gurgaon – 122 002
Vs.
M/s.DLF Universal Ltd.
Sansad Marg
New Delhi – 110001.

Brief Facts:-

The main questions which require consideration in the appeal are –
(i)Can a builder give alluring advertisement promising delivery of possession of the constructed building/flat to the purchaser/consumer within the stipulated time, and, subsequently, on his failure, turnaround and contend that as governmental permissions, such as, approval of zoning plan, layout plan and schematic building plan, were not given, the delay in construction should not be the ground for grant of compensation to the consumer? And,

(ii)Secondly, whether the consumer should suffer by paying escalation cost due to such delay?

It is unfair trade practice on the part of the builder to collect money from the prospective buyers without obtaining the required permissions such as zoning plan, layout plan and schematic building plan. It is the duty of the builder to obtain the requisite permissions or sanctions such as sanction for construction, etc., in the first instance, and, thereafter, recover the consideration money from the purchaser of the flat/buildings.

Secondly, in such a case, if there is any express promise that the premises would be delivered within the stipulated time, and, if not done so, escalation cost is required to be borne by the builder.

It is to be borne in mind that in most of the cases consumers invest their hard earned money, may be either retire mental benefits or their life savings to get shelter and in some cases, after retirement.

In the present case, the Complainant is a retired Brigadier. He contends that his hard earned money was invested for purchase of a flat, and, that he was compelled to pay escalation cost, despite delay in construction by the builder, and the promise made in the colorful brochure published by the builder for attracting the buyer that no escalation cost would be recovered.

Case of the Complainant:-

Brig. Kamal Sood, who was serving as Commandant Gorkha Training Centre, Himachal Pradesh, approached the State Consumer Disputes Redressal Commission, Haryana, Chandigarh, by filing Complaint contending that M/s.DLF Universal Ltd. has indulged in unfair trade practice and there is deficiency in service on its part because there was delay in handing over possession of the flat as well as unjustified recovery of so-called escalation charges from the complainant. He, therefore, sought direction that the DLF be directed, in all, to pay a sum of Rs.12,78,395/- to him.

It cannot be said that the condition contained in the contract would only prevail and not the terms of the brochure which is an alluring promise given by the builder. If the contention of the learned counsel for the DLF is accepted that the terms of the agreement would prevail and not what is stated in the brochure, then it would amount to misleading advertisement with false promise to lure the needy prospective buyers. This would also be unfair trade practice as provided under Section 2(1) (r ) of the Consumer Protection Act. Such brochure also gives undue advantage to the builder vis-à-vis other builders. Hence, the said contention cannot be accepted.

In any case, in the present case, the builder is not entitled to have escalation charges because admittedly there was delay in starting construction for no fault of the consumer/buyer of the Apartment. Therefore, the recovery of Rs.4,02,617.69p., from the Complainant under the threat of cancellation of allotment is totally unjustified.

In the result, the appeal filed by the Complainant is partly allowed and the Respondent DLF is directed:

(a) to refund the amount of Rs.4,02,617.69p. to the Complainant which is recovered on account of escalation cost, with interest at the rate of 12% p.a.

(b)to pay Rs.1 lakh as compensation to the Complainant for delay in delivery of possession, as directed by the State Commission; and,

(c)to pay interest at the rate of 12% p.a. on the amount deposited by the Complainant for the execution of the Conveyance Deed, from the date of deposit till the date of conveyance of the deed.

In view of the aforesaid order Appeal filed by the DLF is dismissed.

There shall be no order as to costs in both the appeals.

Our case is similar where the builder has delayed possession and charged escalation.

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