PRESS RELEASE


Today Team Nefoma consists of Mr. Devender Kumar (Founder), Mr. Abhishek Kumar (President), Mr. Vijay Trivedi (Director), Mr. Annu Khan (Vice President), Mr. Indrish Gupta (Co-Founder), Ms. Shweta Bharti (General Secretary) and Mr. Ajay Kumar, Mr. Sanjay Naiwal, Mr. Chetan Tyagi and 25 other members goes to NCRPB office and meet Ms. Naini Jayaseelam (Member Secretary, NCRPB) and enquired about the status of Greater Noida Master Plan 2021.

a) Meeting was good with Member Secretary of NCRPB , She was very much Sympathetic with Buyers problems and very much keen to solve this problems. She said …. NCRPB received complete Greater Noida Master Plan 2021 in January 2012, and the delay done by U P Government itself.

b) First Greater Noida Master Plan 2021 will be tabled in the planning committee, if approved then it will be tabled in the Board meeting, then only it will be approved.

c) Although she does not give any deadline for the approval of Master Plan, but she said it will be done very soon within 3-4 months. By saying this she is testing the patience of Noida Extension Flat buyers. Now if approval does not come in next 2 months, then Nefoma is planning for some big protest at Greater Noida Authority and NCRPB office.

d) Member Secretary Ms. Naini Jayaseelam does not knows the location of Noida Extension ….. but she is the head of NCRPB…. How unfortunate.

e) Nefoma Team members Mr. Abhishek Kumar (President), and Mr. Indrish Gupta (Co-Founder) along with 4 other members filed the RTI for :
1 What is the procedure of Greater Noida Master Plan 2021 approval from NCRPB and how much time it will take, what actions you are taking to speed-up the procedure.
2. What is the exact position of this case, where is the file right now.
3. What are the reasons of delay in approval of Greater Noida Master Plan 2021 from NCRPB.

So we request all affected people of Noida Extension flat Buyers to join Nefoma.

Regards.
On behalf of Noida Extension Flat Owners and Members Association (NEFOMA)

Shweta Bharti
Gen. Secretary
Date: 23rd January, 2012
Mobile: 9268264764, 9958082973, 8595071867, 9818151814, 9968395398, 9716025786

To
The Director
National Capital Region Planning Board
Lodhi Road, New Delhi

Subject : Immediate Approval of Greater Noida Master Plan 2021.

Respected Sir,

We, NEFOMA (Noida Extension Flat Owners and Members Association) are working on behalf of Noida Extension Flat buyers. As we all know that the construction work at Noida extension is awaiting due approval of Master Plan -2021 by you. The projects are already delayed for more than 9 months due the farmers agitation. The buyers are facing cumulative problems like demand letter from builders, delay of approval of loan from bank, burden of rent/ EMI and much more. Now the buyers are loosing their patience. We, over One Lac flat buyers are under great tension and mental torture due to the said problem.

We, request you to kindly take necessary steps for the approval of the plan at the earliest.


Regards.
On behalf of NEFOMA (Noida Extension Flat Owners and Members Association)

NEFOMA requests all noida extension flat buyers to come at NCRPB office,Lodhi road,Delhi on 23rd JAN at 11am for demanding immediate approval of Master Plan as NCRPB meeting is sceduled on that day.Plz take Half-day leave from office for your dream home of over 20 Lac.

For detail plz contact over following mobile numbers:

08595071867, 09958082973 ,09818151814, 09716025786 and 09268264764.

LETS MAKE OUR VOICE MORE STRONG THIS TIME AT

National Capital Region Planning Board
(Ministry of Urban Development)
Core-IV B,First Floor,
India Habitat Centre
Lodhi Road

on 23rd January'2012 ,MONDAY at 11.00AM.

A consumer after is one who buys goods or services with his hard earned money. In case of delay, the builder is liable to refund the amount paid with interest (for the period of delay) as there has been a breach of contract. A promoter, who constructs or intends to construct such block or building of flats, shall specify in writing the date by which possession of the flat is to be handed over. Default would attract penalty under both Consumer Protection Act and the Flat Act. The builders are careless about compensation because there is no real estate regulator yet. A consumer doesn’t want to get into a legal tangle and just wants his flat in hand. Builders take advantage of this helplessness.

Using consumer courts, many citizens have been able to get back their money from sloppy builders. But many consumers also lose their cases in the consumer forums because they have not followed some important rules about filing their cases. The most important rule that every consumer must follow is to get a bill or receipt for whatever he buys or payment made. The Consumer Protection Act also empowers the courts to penalize consumers when they are at fault. There have been cases where consumers have been caught filing false complaints for gain, and they have been asked to pay up money to the opposite party.
Compensation agreement clause

Often, builders have an agreement clause that assures buyers a daily damage for delayed possession, but few buyers, if any, invoke it. Recently, the Maharashtra State Consumer Commission directed a developer to shell out Rs 20 lakh at the rate of Rs 2,000 a day for a delay in giving possession. It is a rare case in which damages per day were claimed, and given. The developer’s contention was that the old building was “in ruinous’’ condition and was on marshy land, which required piling work for about six months to make it strong. But, State consumer commission ordered builder to pay compensation and stated that builder problems can’t justify delay.

Points to Remember

Property buyer can present their own cases in consumer courts and do not need to engage a lawyer.

A consumer or the property buyer must file their complaint within two years of the dispute arising, after which it becomes outdated.

A written complaint, can be filed before the District Consumer Forum for pecuniary value of up to Rupees twenty lakh, State Commission for value up to Rupees one crore and the National Commission for value above Rupees one crore.

The builder problems can’t justify delay.

Default would attract penalty under both Consumer Protection Act and the Flat Act.

Every consumer must get the bill or receipt for whatever he buys or payment made.

Often, builders have an agreement clause that assures buyers a daily damage for delayed possession. Ensure your agreement includes agreement or compensation for delay in possession.

Today Nefoma Team had discussed with Palm Officials regarding their demand Letter ,cancellation of flats and interest issues.

NEFOMA : Why Palm Olympia issued demand letter to their buyers.

Palm Olympia : After meeting with Palm buyers + NEFOMA on 5th Nov'2011 , we have not sent any demand letter to our buyers. Buyers can't show any demand letter after 5th Nov'2011.

NEFOMA : No Interest during delayed period

Palm Olympia : All demands still on hold.We will obey the ruling of CREDAI regarding the interest & payment plan, we are committed to our customers.

NEFOMA : Buyers want written commitment that you are not going to charge extra money.

Palm Olympia : We are ready to give you in written but after CREDAI .
We are committed : 1. we will not used increase FAR,No new towers or extra floors on towers . 2. we will not change in super area.


Tension gripped Shahberi village in the controversial Noida Extension area of Gautam Budh Nagar district again on Tuesday after the Greater Noida Industrial Development Authority (GNIDA) razed some houses and other structures being allegedly constructed illegally. Some farmers who claimed that the constructions were not illegal and alleged GNIDA officials colluded with the builder ‘mafia’ clashed with the police. Three persons sustained minor injuries.
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On 7 July, 2011, the Supreme Court had directed GNIDA to return the land acquired in the village for construction of residential colonies to farmers. Farmers alleged on Tuesday that GNIDA razed their houses and boundary walls of their lands, which violated the SC order. GNIDA officials, however, claimed that some farmers had been trying to build illegal residential complexes on their lands.

Around 11 AM, Deputy Chief Executive Officer of GNIDA Akhilesh Singh reportedly led a team of officials of the anti-encroachment cell accompanied by a police team to raze the “illegal” constructions in Shahberi and some other areas of GNIDA.

Trouble started when the farmers claimed that the construction were not illegal and existed since or before 2008, when they had first approached the court against land acquisition. The police resorted to cane charge and fired a few rounds in the air to disperse the farmers. “When the police threatened to open fire if we opposed the razing of our houses and boundary walls, the farmers had to retreat from the spot,” said villager Chandresh Sharma.

The land where the alleged illegal constructions were razed belongs to five villagers—Arif Ali, Wasihat Ali, Rafat Ali, Mubassir Ali and Naushad Ali. Mubassir, who was present when the constructions were bulldozed, told TEHELKA, “There has been no construction work in the village in the past four years. And according to the SC order, the land now belongs to the farmers, not the authority (GNIDA).”

Mubassir also alleged that GNIDA officials and the police had colluded with builders to ensure that there were no constructions on the land so that some farmers could be lured to sell their land eventually. “They [GNIDA, the police and builders] want that the land barren so that the farmers sell it to the authority, which in turn wants to allot it to builders and construction companies,” he alleged.

Last year, the SC came down heavily on GNIDA for ‘colluding’ with construction companies to change the land-use pattern from industrial to residential to allot 1,56,903 hectare to private developers at prices much higher than paid to the farmers as compensation. Significantly, GNIDA had changed the land-use pattern even before the Uttar Pradesh government gave its nod. The court had strongly felt that the state government had indulged in a mala fide use of its powers for “urgent” land acquisition to benefit developers rather than serving any public purpose.

The Allahabad High Court, whose decision the SC upheld, had in its judgment termed the land acquisition “a colourable exercise of power” unsustainable under the Land Acquisition Act, 1894.

The SC too was livid with the manner the archaic Act was being used to oust poor farmers from their land, which was being used to build luxurious houses for the upper class. The SC had been especially irked with the transfer of land to developers in brazen violation of law. “The authorities have to act only in public interest. In the name of public interest, the Greater Noida Authority was serving private interest,” it had said.

On the builders’ arguments that they had no clue that the transfer of land was without prior clearance of the change of land use, the SC had said, “You were behind the curtain when Greater Noida transferred the land for residential purposes without approval.” It had also found that 60 per cent of the total land acquired for Greater Noida Industrial Township remained unutilised, which went against the takeover of agricultural land and its transfer for residential purposes.

The cases of neighbouring villages like Itehda, Haibatpur, Patwadi and Bisrakh are still pending before the SC. Some of the cases will come up for hearing before the court on 18 and 19 January.

GNIDA Chief Executive Officer Rama Raman could not be contacted for comments despite repeated attempts.

Arpit Parashar is a Senior Correspondent with Tehelka.com.

At least 100,000 buyers, who booked apartments in projects coming up in Noida Extension that got mired in a land controversy last year, are now looking at the possibility of delayed possession. The same fate awaits about 1,500 homebuyers in Jaypee Wish Town, Sector 128, Noida, being developed by Jaypee Greens, the real estate arm of Jaiprakash Associates Ltd (JAL), an infrastructure company that also runs hotels, cement plants, utilities and recently opened the Buddh International Race Circuit, which successfully hosted India’s first Formula One Grand Prix in October last year.

Project delays are common in the Indian real estate market. With a spurt of project launches over the last two years, news of delay are now trickling in with the possession dates nearing.

While it is difficult to predict a project delay, a closer look may give you warning signals. If you are able to detect these, you may save yourself from getting stuck in a delayed project.

Initial authentication

If you are investing in a project, your developer should share all relevant documents about the property and the project. These include licence of your builder for construction, land title papers and sanctioned building plans of the project. So make sure you enquire about these when signing the builder-buyer agreement for an apartment. Also, the developer should be ready to share these details.

Checks to run: For any project, licence number, land title papers and sanctioned plans are the most important documents. Ask for these at the time of investing. “If the developer shows his sanctioned plan at the start of the project and at the time of the booking, it means he has all the necessary papers and approvals for construction as per the plan. But if he fails to produce this even during the course of the construction, consider the project to be unapproved,” says Ravi Saund, chief operating officer, CHD Developers, a New Delhi-based real estate firm.

If you have already invested in the project and you want to check on the approved plan, visit the development authority’s office. Here you can file an application to the public relations officer under the Right To Information Act (RTI) to verify land title records, approved building plans and about the completion certificate. Once you file an RTI application, the authority official will take 10-30 days to answer your query. You can even consult a lawyer for this. A property lawyer will generally charge you Rs. 5,000-10,000 to get the documents verified from the authority. If you find any discrepancy in the details furnished by the developer, you can consider exiting the project.

Other than the authority office, you can speak to real estate brokers in the region to find about the project’s status. “Local real estate consultants are often invested in the project. They always keep a check on the status of the project,” says Pradeep Mishra, a New Delhi-based real estate consultant.

Change in the proposed building plan




In practice, developers usually start digging for construction based on the license to build. At this stage, they also start taking advances for booking apartments that are yet to come up. While homebuyers are shown a proposed site plan, the builder applies to the city town planner’s office for getting the proposed plan sanctioned. An approved plan mentions details of the sector roads, address of the property and the name of the developer.

But at times, owing to certain regulatory hurdles, the proposed plan is not sanctioned. The builder then applies to the town planner with a new plan that is acceptable to the authority. If the second plan is sanctioned, the first site plan shown to you at the time of booking does not apply. The builder will now reformat the project as per the new plan. However, this may be revealed to you at a later stage. The new plan may simply add another apartment on the same floor increasing the population density per floor. The new plan may simply reduce or increase the size of your apartment. Here you may want to exit the project if the new plan does not fulfil your requirements.

Checks to run: As mentioned earlier, it’s best to verify the builder’s documents, including the approved plan for the project.

Construction stages

Most houses are bought either through a construction-linked or flexi plan. Here, the money is paid to the builder in tranches either through a bank loan or personal funds.

At every predetermined stage, the builder demands a certain amount of money, which either your bank will pay or you will pay. Along with the demand letter, the builder sends the details about the progress of the construction. In case, the demand becomes infrequent, you may want to check with the builder and may also need to personally visit the site.

For example, on completion of the basement slab, the builder may ask for 10% of the property value. But you have no word from the builder for another six months or a year.

There can be various reasons for delay at this stage: there could be a dispute regarding the land. The court may pass a stay order on the construction. For instance, buyers in the Noida Extension came to know about the land dispute only after it was reported by the media. Had they tried to find out, they may have come to know on their own.

“Your developer should also send you actual photographs of the site at regular intervals during the construction and send mails for respective payments for each stage,” says Surinder Chopra, managing director, SC SL Buildwell Pvt. Ltd, a real estate asset management company that is developing and marketing a luxury project in Gurgaon.

Checks to run: Every project is built in stages. Each stage has a timeline for its completion. Says Rajesh Aeren, vice-chairman, Aeren R Group, a New-Delhi based development firm, “Every builder keeps 21-30 days for the completion of each small stage within the bigger stages. The developments at each stage are monitored by preparing a ‘progress chart’ along with some analysis and comments.”

For example, ideally it takes three to four months from the stage of excavation to the stage when the basement is completed. Within this period, there are various stages such as beginning of the excavation work, completion of the excavation work and building of the foundation followed by laying of the basement floor. “If the work that was supposed to begin on a particular date gets delayed, later stages also get delayed. Each stage within the bigger stages, if delayed, delays the overall development of the project,” adds Aeren.

You can ask the developer to provide the progress chart of each stage since it is not published separately and is basically for internal use. Once you have the chart, you can see the development of each stage and the completion date mentioned in the chart. “The civil engineers prepare the chart and give their comments for each date. If the construction is behind the schedule by a particular number of days, progress chart will mention this. Every builder who follows a good practice has such a progress chart,” adds Aeren.

If you really find out that your project is getting delayed and want to exit, be prepared to lose some money. Builders charge a fee for early exit: it is usually 10% of the earnest money paid. In the secondary market, there may not be many buyers for a delayed project.



Important Notice
NEFOMA

All noida extension flat buyers are hereby informed that NEFOMA is organizing a meeting of buyers at noida extension gol chakkar on 8th January'2012 ,SUNDAY at 12 noon .We request all of you to come n join the meeting with your valuable suggestions on the current NE issue.

New Delhi: In a setback for real estate developers and thousands of buyers, the Supreme Court on Tuesday issued a notice to the Uttar Pradesh government and the Greater Noida Authority in connection with the land acquired from farmers for developing housing projects in several Noida villages.

According to reports, the Supreme Court, while responding to a petition moved by a farmer, asked the UP government and the GNOIDA why should not the recent Allahabad Court ruling in the case be quashed?

The apex court gave them a three-week time to file a reply on the issue.
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The Supreme Court ruling comes nearly three months after the Allahabad High Court quashed the notification of three villages of Gautam Budh Nagar District by the UP government for development of Greater Noida and Noida Extension areas.

The court also ordered for additional compensation for most of other villages.

The full bench comprising Justice Ashok Bhushan and Justice V K Shukla and Justice S U Khan pronounced judgement for 63 villages of Greater Noida and Noida.

The court quashed the notification of Devla, Chakshahberi and Asadullahpur villages and ordered that the farmers from these villages, who had already taken compensation, have to return the compensation to the authorities to get their land.

The court has ordered that the authorities to give about 64% compensation against their acquired land.

The court also ordered the authorities that 10% developed lands should also be given to farmers.

The court further directed the Cabinet Secretary of the UP government to commission an inquiry on why the land taken from farmers was assigned to private builders.

NOIDA: There seems to be no end to the troubles of Noida Extension homebuyers. While the fate of the projects in the area remains far from clear, many developers have now begun sending letters asking buyers to "share the burden of enhanced compensation" that is to be given to the farmers or face "cancellation of their bookings." This is the second blow to the buyers as earlier they were sent demand letters asking for pending interests on their installments.

A few of the developers in the disputed Noida Extension-Greater Noida area have asked buyers to pay as much as "20 to 40 per cent of the total cost of the bookings" to share the burden of enhanced compensation. This is in spite of several requests from the developers body CREDAI to refrain from making any demands from the buyers at least till the Noida Extension projects become bankable again.

"I had booked a flat in Valencia Homes last January and had paid 10 per cent of the total cost at the time. Soon after, I paid another 20 per cent to get the allotment letter. Then, in September 2011, the developer asked me to pay 20 per cent more even though the project had landed in trouble as the land issue went to court. He warned that I would be penalized and charged an extra Rs 200 per square feet if I did not pay," said Latika Singh, a resident of Delhi. "The developer has now sent a cancellation letter saying that my booking is being cancelled and I must pay an extra Rs 125 per sq ft to retain the same," she said.

"Many developers, including known names like Valencia Homes, Palm Olympia, etc have sent demand letters and now cancellation letters to buyers saying that since the Greater Noida Authority has asked them to pay enhanced compensation, the existing buyers also must share that burden," said Sarvesh Chaturvedi, who has booked a flat with Devika Gold Homz. "Even though the builder-buyer agreement has room for imposing burden of additional levies, fees, etc on the allottees, how can they expect middle-class buyers like us to pay up when the banks have stopped disbursing loans and the work on our flats remains stagnant?" he asked.

There is much ambiguity regarding shifting out buyers from the Shahberi projects as well and many buyers complain that they are yet to be allotted alternate flats as promised by developers after the land in the village was denotified by the Supreme Court earlier last year.

The buyers' associations, thus, have now scheduled a meeting with these developers on January 8 to "plead their case." If the matter still remains unresolved, the NCR wing of CREDAI will arrange for a meeting of such developers with the buyers. Earlier, on several occasions, CREDAI had assured the existing buyers that no extra cost due to the enhanced compensation deals would be imposed upon them.

Happiness keeps U sweet, Trails make U strong, Sorrows keep U human, Failure keeps U humble, Success keeps u glowing & God keeps U going! Keep going! Happy New Year! . New is the year, New r the hopes & the aspirations, New is the resolution, New r the spirits & forever my warm wishes are for U. Have a promising & fulfilling New Year.

NEFOMA Time

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