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10th July, 2017, Mumbai: I handed over a letter to Mr Gautam Chatterjee, Chief of Maharashtra Real Estate Regulatory Authority (known as MahaRERA), with a sample of one prominent builder's draft of "RERA-compliant Sales Agreement", and the issues contained in that draft. In it, I pointed out the various shortcomings of this draft, which were not only unfair to the flat-buyer, but also untruthful and unlawful.
Mr Chatterjee spared some time to meet me and explained that those aggrieved by such unfair agreements thrust upon them by any builder should complain online after registering themselves as complainants on this website: https://maharerait.mahaonline.gov.in/login/UserRegistration , and file a complaint, accompanied by fees of Rs 5,000/-, which will then be heard by the Regulatory Authority or the Adjudicating Authority.

For the guidance of flat-owners and investors, I have reproduced below the letter that I submitted to Mr Chatterjee. 

Best Wishes,
Sulaiman Bhimani

To

Shri Gautam Chatterjee,
Chairman, Maharashtra Real Estate Regulatory Authority,
3rd Floor, A-Wing, Slum Rehabilitation Authority,
Administrative Building, Anant Kanekar Marg,
Bandra (E), Mumbai 400051.
Sub: Builders are making a mockery of MahaRERA

Dear Sir,

My activist friends and I are impressed by your deep knowledge and hard work. I have faith in Maharashtra’s Real Estate Regulatory Authority (MahaRERA).

However, the common people do not have such faith. People feel that MahaRERA will fail to make builders deal fairly with the common man. They feel that builders will stick to their bad old ways. There are many reasons people’s lack of faith. One major reason is builders are taking RERA very lightly. Even after MahaRERA came into force, builders are still forcing home buyers to sign agreements containing outright lies and many clauses that are against the buyers’ interests. Here is Exhibit A  https://tinyurl.com/Ekta-MahaRera-Agreement

This is the Agreement draft of Ekta Tripolis, Goregaon, and is supposedly compliant with RERA. It is almost identical with agreement formats uploaded on MahaRERA website for other registered projects of the builder group called Ekta, owned and headed by Mr Ashok Mohanani. You are not pulling up this big builder for ramming such an agreement down the throats of home buyers, so why will the common man have any faith in MahaRERA?

Unfair & Untrue Clauses in Ekta builder’s “RERA Agreement”:
1) This “standard clause” is generally a false claim. Pg 12: "(cc) On demand from the Allottee, the Promoter has given inspection to the Allottee of all the documents of title relating to the said Land… and the plans, designs and specifications prepared by the Promoter's Architects… and of such other documents as are specified under the RERA and the Rules and Regulations made thereunder."

2) Allottees who may have paid as much as 100% of the consideration are today being told to falsely state that they have only paid 10%. Pg 15: "(iv) The Allottee has paid before execution of this Agreement, a sum of Rs. [●]/- (Rupees [●] only) (which does not exceed 10% of the Sale Consideration) as advance payment … "

3) This clause completely disempowers the buyer. Pg 16: "Time for payment of each installment is the essence of the contract. The Allottee hereby agrees, confirms and undertakes that an intimation forwarded by the Promoter, that a particular stage of construction is commenced or completed shall be sufficient proof that a particular stage of construction is completed. However, it is agreed that non receipt of such intimation requiring such payment shall not be a plea or an excuse by the Allottee for non-payment of any amount or amounts..."

4) This clause threatens to dispossess the buyer even if he pays the full consideration. "...Any payments made in favour of any other account other than mentioned hereinabove shall not be treated as payment towards the said Flat/Shop/Office and shall be construed as a breach on the part of the Allottee, in which event without prejudice to the right of the Promoter to charge interest at the prevailing rate of State Bank of India Highest Marginal Cost of Lending Rate plus 2% thereon on the amounts due, the Promoter shall be entitled to terminate this Agreement and forfeit 10% of the Sale Consideration along with brokerage charges (if any) as reasonable, pre- estimated, genuine and agreed liquidated damages and return balance (if any) to the Allottee within 30 (thirty) days from the date of such termination of the Agreement." RERA does not authorize the builder to terminate the agreement unilaterally on such grounds.

5) RERA does not envisage such forfeits. Pg 18 - "7. Voluntary Cancellation By Allottee. In the event, the Allottee desire/s to cancel the allotment of said Flat/Shop/Office for any reason whatsoever, then Promoter shall be entitled to forfeit the amounts equivalent to 10% (ten per cent) of the Sale Consideration and the Allottee shall not be entitled to such amount paid by him/her/them/it to the Promoter."

6) These arbitrary clauses dominate the buyer psychologically and financially: Pg 20 - "Event Of Default And Consequences - (i) The Promoter shall be entitled (but not obliged) to terminate this Agreement on the happening of any of the following events (“Events of Default”): ...(e) If the Allottee is/are, convicted of any offence involving moral turpitude and/or is sentenced to imprisonment for any offence for not less than six months; (f) If Receiver and/or a Liquidator and/or Official Assignee or any person is appointed of the Allottee or in respect of all or any of the assets and/or properties of the Allottee. (g) If the Allottee have received any notice from the Government in India (either Central, State or Local) or foreign Government for the Allottee involvement in any money laundering or any illegal activity and/or is declared to be a proclaimed offender and/or a warrant is issued against him... (i) If the Allottee fail/s to make payment of any outgoing/s, taxes, maintenance charges etc…” How is the builder concerned with bankruptcy proceedings, moral turpitude, etc? How can such extraneous factors enable a builder to dispossess his customer?

7) Arbitrary “standard clauses” for suppressing the buyer. “(ii) On happening or occurring of any of the Event of Default, the Promoter shall without prejudice to all other rights that the Promoter may have against the Allottee either under this Agreement, or in law or otherwise, give 30 (thirty) days notice to the Allottee to rectify/remedy such breach and during the notice period, the Allottee shall be liable to bear and pay interest at the prevailing rate of State Bank of India Highest Marginal Cost of Lending Rate plus 2% thereon on the due and payable amount. In the event Allottee fail/s to rectify/remedy the breach within notice period, then the Promoter shall be entitled (but shall not be obliged) to (i) forthwith terminate this Agreement (“Termination Date”) and (ii) forfeit/deduct all amounts mentioned in… above and balance if any, shall be refunded to the Allottee without any interest within 30 (thirty) days from the Termination Date. It is further clarified that any profit arising from sale of the said Flat/Shop/Office to the new Allottee shall be of the Promoter and the Allottee shall have no claim against the same."

Mr Chatterjee, Sir, such unlawful clauses may eventually be struck down if an allottee painstakingly challenges them, but in the meantime, they undermine public confidence in MahaRERA’s authority. Will you please promptly forbid such terrible agreement formats, and restore the people’s confidence? Sir, the public’s eyes are on you. Your actions must now speak louder than your words.

Yours sincerely,

Sulaiman Bhimani
RTI and Human Rights Activist
9323642081
sulaimanbhimani11@gmail.com

PS: After the onset of RERA, the older version of the agreement based on Maharashtra Ownership Flats Act 1963 (MOFA) may seem obsolete. But it is not so, because thousands of flat-buyers have signed such agreements quite recently, and consider themselves bound by their clauses. Ekta’s “MOFA agreement” format is even more horrendous than the RERA agreement. See Exhibit B. https://tinyurl.com/Ekta-Tripolis-MOFA-Agreement

The horrendous clauses are elaborated here in Exhibit B2. https://tinyurl.com/Issues-in-Ekta-Agreement

For many years and decades, Ekta and such other builders have been spreading misinformation about the legal entitlements of flat-buyers. Mr Chatterjee, you now have jurisdiction to curb this. Will you please exercise your jurisdiction to the fullest?

 

A prominent builder filed a civil suit against my activist colleague Krish for publishing articles against the builder. Here's what Krish says about the suit:

Last weekend, I was served notice of a Civil Suit filed against myself and one more person (Mr Vineet Malik) by Ekta Parksville Homes Pvt. Ltd, ("Plaintiff"). In this present article, I intend to analyze the infirmities of (a) the civil suit no 36 of 2017 in Vasai Civil Court, (b) the temporary injunction passed by this court against me, and (c) the gag order sought against me under "Order 39 Rule 2A of CPC".
I believe that no law prevents me -- as a journalist, a citizen and a defendant -- from publicly analyzing the legal merits of a suit filed against me, and the legal merits of a temporary injunction that seeks to muzzle me without giving me notice and an opportunity to be heard. Not only is my Right To Freedom of Speech protected by the Constitution, but also, my Fundamental Duties urge me "to develop the scientific temper, humanism and the spirit of inquiry and reform".
I consider it my duty as a journalist and a citizen to be rigid and unyielding on such points of principle. Hence, I have analysed the civil suit here:
Analysis of Ekta Builder's Civil Suit Against Me

8th May, 2017: Last week, I was served with notice of a Civil Suit filed against myself and one more person (Mr Vineet Malik) by Ekta Parksville Homes Pvt. Ltd, ("Plaintiff"). This civil suit filed in Vasai Civil Court attempts to gain the court's sympathy by mixing up several unrelated matters, and wrongly invokes the court's territorial jurisdiction to pass temporary injunction against Mr Malik ("Defendent no. 1") and myself ("Defendant no. 2"), in order to suppress certain truths about Ekta's way of doing business from becoming known to a wider public.
In this present article, I intend to analyze the infirmities of (a) the civil suit no 36 of 2017 in Vasai Civil Court, (b) the temporary injunction passed by this court against me, and (c) the gag order sought against me under "Order 39 Rule 2A of CPC". I sincerely believe that no law prevents me -- as a journalist, a citizen and a defendant -- from publicly analyzing the legal merits of a suit filed against me, and the legal merits of a temporary injunction that seeks to muzzle me without giving me notice and an opportunity to be heard. Not only is my Right To Freedom of Speech protected by the Constitution, but also, my Fundamental Duties urge me "to develop the scientific temper, humanism and the spirit of inquiry and reform". I consider it my duty as a journalist and a citizen to be rigid and unyielding on such points of principle.
Click here to read the CIVIL SUIT NOTICE sent to me by Ekta builders and later, the court bailiff.
One may ask why I am named as defendant no. 2 in this suit which is primarily between a builder and a flat purchaser. The short answer is: because I wrote the below articles about this particular flat-purchase deal, published them on my blog and also issued them as press releases:
(a) Ekta Builder: Broken Promises & Bhai-giri
(b) Delayed Ekta Parksville: Builder offers full refund plus 9% interest but...
In the words of the plaintiff, according to paragraph no. 54 (page 25) of the civil suit, "the cause of action to file this suit arose for the first time when Plaintiff on 3rd December, 2016 accepted the offer of Defendant No. 1 to terminate the Agreement dated 30/05/2016..., secondly it arose when the Defendant No. 1 failed to accept the refund amount and to execute and register a Deed of cancellation of Agreement... It arose thirdly on _________ when the Defendants published defamatory article for the first time, and lastly on _________ when the Defendants again published 2nd defamatory article. It is continuous cause of action..."
DETAILED ANALYSIS OF THIS SUIT & ORDER:
  1. As you can see from this Causelist, this civil suit is filed under Specific Relief Act 1963, Section 34 and 38. A plain reading of this Act and the relevant sections shows that the only purpose of this Act is the enforcement of contractual obligations. As a journalist writing articles, I have no contractual obligations to the builder ("plaintiff") who has filed this suit. The plaintiff has a contractual dispute with Mr Vineet Malik, and the subject of the dispute is the "suit flat". On page 3 of the civil suit , under the head, "Description of suit property", what is mentioned is "Flat bearing No. 1104 admeasuring approximately 35.60 square metres... in the phase known as Brooklyn Park in the complex known as Ekta Parksville... hereinafter referred to as the "suit flat")". Hence, there is no justification for my inclusion in this suit under the Specific Relief Act, as I have nothing to do with the suit flat, which is the subject of the said suit. I am wrongly and malafidely named in this civil suit. My inclusion is a misjoinder.
  2. Ekta builder ("The Plaintiff") states in paragraph no. 43 that he is "entitled to claim compensation and damages from the Defendants... The plaintiff has suffered monetary loss to the extent of Rs One Hundred Crore... as a result of false and negative public campaign undertaken by the Defendant No. 2 at the behest and in connivance with the Defendant no. 1". If this is so, then Ekta builder is required to provide some proof as to why my writings are "false" and also how he has calculated this grand figure of Rs 100 crore. However, the builder provides no coherent arguments or proofs to substantiate his claims, but he prays for the sweeping reliefs that the court should "Hold and declare that the Defendants have defamed the Plaintiff" (paragraph e on page 27), and seeks a permanent injunction restraining me from publishing anything about any of the Ekta concerns (paragraph h on page 28), besides of course, my paying him damages of Rs 100 crore jointly and collectively with Mr Malik.
  3. Nearly two months BEFORE this notice was served to me, the plaintiff's advocate Avinash Vidwans informed me by email that "Sir, The Hon'ble Civil Judge (S.D.) at Vasai was pleased to pass following Order in Special Civil Suit No. 36 of 2017 , wherein you are Defendant No. 2.: ORDER Heard Ld. Adv. Mr. Vidwans for Plaintiff.  Ld. Adv. Ms. Sheetal Pandya appears for Def.No.1 in pursuance of email notice sent to her by the Plaintiff.  She has placed on record an undertaking at Exh.10 to not to publish any defamatory material against the Plaintiff till next date. Ld. Advocate for Plaintiff has relied upon certain e-mails sent by Defendant No.2 in reply to Plaintiff’s mail thereby indicating that the Defendant No.2 will regardless of any matter sub-judice proceed to publish two alleged stories against the Plaintiff.  It is argued that the Defendant No.2 has made up his mind against the Plaintiff in a prejudiced and biased manner.  The e-mails are self-speaking.  Hence, it is deemed fit to temporarily restrain the Defendant No.2 from making any such publication which may contain any defamatory material against the Plaintiff till next date or till he appears on the next regular scheduled date. The Plaintiff has made out an urgency and hence it is desirable that the triable issue be set at rest through the intervention of the Court. Plaintiff to communicate the Order to Defendant No.2 and also to effect service of suit summons upon him, if not done earlier."
    Here are my views regarding the legality of the above quoted order: 
    (a) Freedom of Speech and the freedom of Press cannot be so lightly trampled by a mere Civil Judge. My legal commonsense says that every Civil Court cannot enjoy the necessary jurisdiction to pass such such a weighty order, which is a blanket gag nullifying a fundamental right. Only the High Court can have such a jurisdiction.
    (b) Even assuming Vasai Civil Court has the necessary territorial jurisdiction, such an order cannot be passed so lightly, without serving proper notice and without giving defendants an opportunity to be heard. Such a weighty order cannot be passed based on printouts of emails produced by the plaintiff, without even seeking to verify from me whether it is true or not!
    (c) The suit has been filed, but it has not yet been admitted by the court. It cannot be automatically admitted, without seeking answers to crucial questions about where exactly the dispute and the cause of action arose, determining the territorial jurisdiction of the court, etc. Not even a single proper hearing has happened for establishing the jurisdiction of this court, and whether the parties named in it are correctly imp-leaded. If a gag order can be passed at such a preliminary stage by a Civil Judge, then the mass media and social media throughout the country can be brought to a grinding halt by every Tom, Dick and Harry seeking such temporary injunctions.
    (d) If journalists start getting muzzled so lightly with so little due process, then it will cause grievous injury to our nation, as all kinds of blanket muzzling orders will be sought by wrongdoers. For me, journalism is a calling, a way of life, and not just a way of earning my daily bread. I cannot, in good conscience, bring myself to obey such an badly-formed judicial order.
  4. This suit that Ekta has filed is not a defamation suit; it is a mixed-up and confused suit. This suit is under the "Specific Relief Act" for performance of contractual duties, and it does not argue even one point as to why my writings are defamatory; it only relies on the bland assertion that whatever I have written is defamatory and derogatory. I would invite the builder to file a proper defamation suit against me, wherein the exact material that I have published would have to be closely examined in court. Let us stop being vague and get into the particulars of my so-called defamation. In a civil defamation suit, I would be given ample opportunity to prove that each and every one of my statements is true and based on facts and documents, and also that my writings are intended to warn and protect the public against exploitation by a builder. I want to be given that opportunity.
  5. Non-applicability of Plaintiff's Application under Order 39 Rule 2A of CPC to my case: Let us understand what is this Order 39 Rule 2A of Civil Procedure Code. Cases in which temporary injunction may be granted.
    "1.Where in any suit it is proved by affidavit or otherwise-
    (a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or
    (b) that the defendant threatens, or intends, to remove or dispose of his property with a view to [defrauding] his creditors,
    [(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,]
    the Court may be order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property [or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders."

    In short, temporary Injunction under Order 39 Rule 2A of CPC is for protecting contractual obligations or interests in a suit relating to a disputed property. Can this rule be invoked for muzzling a journalist who has no contractual ties with the plaintiff? I seriously doubt it.

    WHY THIS SUIT IS MALA-FIDE:

  • This civil suit is a hotchpotch of three distinct kinds of civil suits that cannot be mixed.  This civil suit attempts to blur the clear lines between a suit for: (a) enforcement of a contract between two parties (b) resolving a dispute (c) seeking damages for defamation  and resultant loss of business, and seeking legal protection from further defamation.
  • This civil suit creates a false narrative that a huge complicated contractual relationship exists between Mr Malik and Ekta.The fact of the matter is, their contractual relationship is simple -- that of a flat-purchaser with a builder who failed to honour his contractual obligation to give timely possession of a flat in Virar, complete with Occupation Certificate.  Everything else is just hot air.
  • The suit seeks to divert attention from the fact that the terms of cancellation offered by the builder were rejected by Mr Malik, and, as the original Flat Purchase Agreement has yet not been cancelled, this agreement is the only one that is enforceable by law, and the builder is in breach of it. This civil suit tries to abuse the court mechanism to force Mr Malik, virtually at gun-point, to accept the builder's terms for cancellation of the flat-purchase agreement, by which he is currently bound.
  • Although this is a suit filed under Specific Relief Act, the plaintiff (Ekta) does not specifically name any existing contract that he wants enforced through the court. Ekta implies several obligations of the defendants to himself, without actually specifying which contract confers such obligationss. The current civil suit is therefore, in a nutshell, malafide, frivolous, vexatious and deserving of being dismissed at the admission stage itself, with costs if possible.
Can writing and publishing this present article be considered as Contempt of Court – whether Civil or Criminal? Can it be considered defamatory? Can it be considered a violation of the temporary injunction of the Civil Court? I would very much like the builder to present this before the Hon'ble Civil Judge, and I would invite the learned Judge to apply his judicial mind to every word of this article. If the Hon'ble Civil Court, in its great wisdom, feels that this constitutes Defamation, Contempt etc., I will be quite happy to stand trial for it.
DISCLAIMER: I am writing this as an independent journalist and blogger, on my own behalf. I am NOT upholding Mr Vineet Malik's case, and I don't care what stand he or his defense lawyers choose to take. I haven't earned a paisa from Mr Malik, and I have no personal interest in his business dealings with Ekta or anyone else. Nor do I have any personal enmity and ill-will towards Ekta builders. At the core of this present article is my burning curiosity to find out whether freedom of speech is really protected in our beloved country, or whether such protection is lightly cast aside by frivolous civil suits and temporary injunctions without so much as a notice, let alone a hearing.
ISSUED IN PUBLIC INTEREST
Krishnaraj Rao

9821588114
krish.kkphoto@gmail.com

 
POSTED IN PUBLIC INTEREST
Sulaiman Bhimani
9323642081

Friday, 9 December 2016

Delayed Ekta Parksville: Builder offers full refund plus 9% interest

Mumbai, 9th December 2016: Vineet Malik, a flat-buyer in Ekta Parksville aggrieved by the interminable delay in project completion and occupation certificate, received a pleasant surprise a couple of days ago. Ekta Parksville Homes Pvt Ltd sent him a letter that agreed to cancel the deal and refund the entire amount paid by him – Rs 25.24 lakhs – and additionally, interest of 9%. The total amount that Ekta World offered to pay is Rs 34.57 lakhs.
This letter was received in the wake of patient exchange of correspondence and meetings by Vineet Malik with CMD Ashok Mohanani, plus mainstream media and social media coverage (especially our blog) and also my and Sulaiman Bhimani's meeting and negotiation with the builder's men on Vineet Malik's behalf.
Ekta World's letter dated 3rd December 2016 proposed interest payment of Rs 9.32 lakhs to Vineet Malik.
At first, this seemed like an extremely generous offer, and any aggrieved buyer should be thrilled by this success! But let us examine the issue a bit more closely. After a delay of more than three years (and counting) in delivering the agreed flat in the Virar project, Ekta World is, "as a goodwill gesture" agreeing to pay back the paid amount plus 9% interest. This rate of interest is no more than what he would have had to pay for a project loan.
On the other hand, what is the penalty and interest that the buyer would have to pay Ekta World if he had slipped up in paying up his installments on time? Read this excerpt from the one-sided Registered Agreement.
The agreement states Ekta World can terminate the contract after giving the helpless buyer only seven days notice, if he slipped up in paying even one installment! Not only that, he would further forfeit 20% of the total consideration i.e. Rs 5.2 lakhs. Read this excerpt from the agreement.
Further, in case the builder chose not to terminate the contract unilaterally, the interest payable by the buyer for the delayed payment would be 24%. Read this excerpt.
So, 24% interest from buyer, 9% interest from builder. Does that sound fair? Vineet Malik doesn't think so.
Therefore, this feisty investor is turning down Ekta World's generous offer of interest of Rs 9.32 lakhs for five years. He will continue fighting for his just and equitable dues i.e. 24% interest on the refunded amount.
Issued in Public Interest by
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com
Posted By
Sulaiman Bhilani
9323642081

Mumbai, 24 October, 2016: Ekta Group of builders cheats and bullies its customers – no two ways about it. Don't be fooled by clever PR campaigns, paid media, beautiful website, and estate agents. Don't get taken in by endorsements of reputed corporate like HDFC RealtyHDFC Red, or mentions in Magic Bricks Now. Don't get fooled by Anil Kapoor's endorsement and MCHI-Credai Awards for Customer Responsiveness. That's all smokescreen. The ground-reality is that Ekta Group, also known as Ekta World, is shamelessly unreliable. Booking a flat in an Ekta project means giving lakhs of rupees with no safeguards and no legal entitlements. Even when the flat-agreement is registered, it is an unfair, one-sided agreement that make you lose all your rights as a flat purchaser. Ekta builder's overall strategy is to make the buyer helpless. As they say in market language,"Builder ko haath kaatke de dene jaisa hai" -- like cutting off your hands and giving them to the builder!
Why are we making such harsh statements against a reputed builder? If you don't like long explanations, just read (1)brochure of Ekta Parksville and (2) flat-purchase agreement for Ekta Parksville. The brochure is full of rosy promises, whereas the sale agreement tells you that you have no rights and no legal entitlements at all. Builder ka sab kuch, buyer ka kuch nahin!The agreement is nothing but bhai-giri made out in legal language. Investors who have got the point can stop reading and go look for other places to put their hard earned money. Others, who want explanations, can continue reading about the actual experience of a customer. 
{Click to read the rebuttal to this press release by Ekta World CMD Ashok Mohanani OR continue reading the story of a flat-buyer below.}
 
The story of a flat-buyer:
  1. Five years ago, Vineet Malik of Gurgaon applied for a flat in Ekta Parksville project in Virar, at a price of Rs 26 lakhs. The first demand for payment by Ekta Parksville Homes Pvt. Ltd. came in November 2011. This amount was promptly paid. The verbal commitment given to him was that the flat would be delivered by December 2013 i.e. two years later.
  1. Four years later, in November 2015, the last demand note was sent by Ekta Parksville Homes Pvt. Ltd. Although 95% of the total consideration had already been paid, the flat-purchase agreement was not yet signed. The buyer was at the builder's mercy; the builder could break the deal even now.
  1. In March 2016, although the buyer had paid 97% of the total consideration, Ekta continued to refer to the deal as "provisional booking". See this indemnity bond given by the buyer.
  1. In May 2016, finally, the Flat Purchase Agreement was registered. (MOFA requires registered agreement at the time of receiving 20% of the total consideration, but these builders are laws unto themselves!) The agreement was full of discriminatory clauses making the buyer renounce all his legal rights. In a nutshell, the agreement says that flat-owner is only the owner of the four walls of his house, and he has no say in the common amenities promised in the lavish brochure. (Even if the builder reduces any or all of the amenities, and exploits the FSI of the land and/or any common area of the building, the flat-owner must keep quiet! Is this the kind of agreement one expects from a reputed builder?)
  1. According to the recently signed agreement, the promised date for giving possession is December 2016. But, judging from the current construction status, this promise will be broken. The entire site is under-construction; there is no way it can be completed for giving possession within two months. Buyers will be lucky to get possession even on December 2017!
These two pictures sum up the situation:
The flat purchase agreement says that flat-owner is only the owner of the four walls of his house, and he has no say in the common amenities promised in the lavish brochure.
Ekta Parksville – What was promised
 
The flat purchase agreement says that flat-owner is only the owner of the four walls of his house, and he has no say in the common amenities promised in the lavish brochure.
Ekta Parksville – What will be delivered in December 2016
 
In our next article, we will look at the discriminatory clauses in the flat-purchase Agreement which negate the lawful entitlements of the flat-purchaser.
Meanwhile, call us and share your own experiences regarding Ekta's projects.
[Acknowledgment: Thank you activist Sulaiman Bhimani for research and groundwork.]
ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
98215 88114

krish.kkphoto@gmail.com


POSTED IN PUBLIC INTEREST BY
Sulaiman Bhimani
9323642081

sulaimanbhimani11@gmail.com