Wednesday, 29 November 2017

Rebuttal of Sanyam Realtors to article on Ashok Odyssey

30th November, 2017: Below is the exchange of correspondence that happened when we sought rebuttal from Akshay Jain and Rakesh Jain of Sanyam Realtors to this article on the position of Bhagtani's allottees in Executive, Ghatkopar, that has been registered as Ashok Odyssey by Sanyam.


From: Akshay Jain <akshay.jain@rjgroup.in>
Date: Tue, Nov 28, 2017 at 11:43 PM
Subject: Re: Attn Mr Akshay Jain: Requesting your Rebuttal to attached article about Ashok Odyssey
To: Krishnaraj Rao <krish.kkphoto@gmail.com>
Cc: RJ Group Info <info@rjgroup.in>



Dear Mr. Krishnaraj Rao,



We have received an email from you today on 28th Nov. 2017, wherein you have placed before us a brief compilation of certain material gathered by you in an attempt to connect our project with other projects or JayCee group and cast an image in a different light and wherein you have sought our response with an assurance of reproducing the same in ‘verbatim’, accordingly we place our response as under:-


1.    Firstly, we fail to understand that on one hand you are yourself admitting that the people who have booked the flats in the said project are sitting silently and peacefully and inspite of that you wish to publish this article to communicate the information through mass media for what reasons? And to what audience exactly? Infact, all concerned parties are totally appraised about the day to day developments of the said project and they have met us personally and visit our site regularly. 


2.     The purchasers of the flats in the Ashok Odyssey are silent as compared to the purchasers of other projects of JayCee group is because unlike other projects, we have stepped in to this project to execute and complete the project vide Deed of Cancellation dated 9th June 2017 which you have already seen and yourself reproduced from MahaRERA website. We have already started the work of the project. 


3.    After having stepped in, we have paid up necessary premiums and obtained further permissions and have successfully obtained Full CC for Tower 1 just recently on 10th November 2017.


4.    We have also obtained clearances from Banks and obtained APF (project approval) to enable the customers to register the agreement and obtain bank loans which was not in place prior to our stepping into the project.


5.    We are in touch with all customers on a one on one basis and are in process of getting them migrated from EDMD Infracon Pvt. Ltd. of JayCee Group to our company. We have not denied possession of the flat to any of the purchasers who have booked in this project through EDMD Infracon Pvt. Ltd. 


6.    Contrary to what you have pointed out in your draft, we have already started issuing fresh allotment letters to the customers of EDMD Infracon Pvt. Ltd. and we shall update the data on the website of MahaRERA as per the norms prescribed by MahaRERA. We are also executing final agreement for sale with the customers to their utmost satisfaction.


7.    The eight flat purchasers that you have mentioned being displayed on MahaRERA website are those who had booked directly with us prior to registration of the project with MahaRERA.


8.    We are in agreement with your ‘bottom-line’ that the allottees of Executive shall be given a home in the said project and we are already doing the same.


9.    We hope we have preliminarily answered all the questions raised by you in your email.

10. Since you have drafted the article in “public interest” we wish you our best compliments for the same. We also appeal to you that you being a responsible media person shall inform the people about the true facts that the project of Ashok Odyssey is in progress smoothly and as is progressing as per norms laid down by various government authorities, inspite of various challenges being faced by us.


11. Further, we request you to refrain from making any remarks or statements directly or indirectly against us, our company or our project that are not true and do not have supporting evidence and that shall put us is bad light or demean or tarnish our reputation and cause defamation or losses to us or our projects or stall or delay our projects or create a misunderstanding or unrest or panic amongst our customers thereby leading to losses. We also request you to refrain from connecting our existing project with other projects of Bhagtanis merely and solely inroder to sensationalize your news article as the matter of fact is that the two are completely separate companies operated by separate individuals.


12. All the documents supporting our statement above are in public domain for you to verify and confirm.


13. We also request you to give us your brief introduction, as to which publication house you are associated with and as to where is your office and what is the nature of your publication so that we can make positive use of our communication and association.


Many Thanks,

Akshay Jain

For Sanyam Realtors Pvt. Ltd.

------------------------------------------------------------------------

From: Krishnaraj Rao <krish.kkphoto@gmail.com>
Date: Wed, Nov 29, 2017 at 3:20 AM
Subject: Re: Attn Mr Akshay Jain: Requesting your Rebuttal to attached article about Ashok Odyssey
To: Akshay Jain <akshay.jain@rjgroup.in>
Cc: RJ Group Info <info@rjgroup.in>

Dear Mr Akshay Jain,

Thank you for your prompt response. It is very well-written indeed. It would have been convincing if it were supported with actual numbers and a list of names of the allottees whom you have inherited from EDMD Infracon Pvt Ltd.

Since there are only 98 flats to account for, and probably a much smaller number of allottees who booked in the Executive project, it should be a couple of hours' work to email me the details, documents and correspondence that make your claims of clear dealings verifiable.

Everything that I have written in the article is supported by a document or verifiable record. Please send me a rebuttal that does likewise.

Addressing your point no. 11 where you have voiced your concern about your project being tainted by being associated with the Bhagtani projects, here's what I would like to say: I am willing to concede to your request and delete every single reference to Bhagtani in my article, and replace it with "EDMD Infracon", on the condition that you provide me the abovementioned substantiation of your claim of clear dealings with the customers whom you have inherited from EDMD Infracon/Jaycee Homes/Bhagtanis.

I do not wish to cause "misunderstanding or unrest or panic" amongst your customer, or write in a way that may cause losses to you. But since there appears to be many good reasons to alert your customers, I intend to write in a way that alerts them. Please convince me that there is no good reason to alert your customers, and I will not write.

Coming to point no. 12: I have carefully gone through your RERA declaration and documents, and searched on the internet for documents. I don't think there is anything in the public domain that supports your claims. I would be happy to be proven wrong; kindly take the trouble do send links to documents (or PDF files) that support your claim.

As for my credentials: I am not the employee of any particular media house, and that may be why I am able to write more incisively. My audiences are usually people who are kept in the dark about essential things that matter. My writing helps to educate my audience, and creates awareness and action by joining some dots. Quite often, mass media journalists read my articles (I also issue them as press releases over email), and they get useful leads and background materials for their stories.

I am an investigative journalist, blogger, activist, RTI trainer and a kind of paralegal consultant in the area of cooperatives, housing, RERA, etc. You can read a lot of my writings here: https://thebravepedestrian.blogspot.in/

In case I don't receive any further documents and communications from you, I shall publish the article along with your rebuttal in their present form.

Thank you once again.

Regards,
Krishnaraj Rao

------------------------------------------------------------------------------

From: Krishnaraj Rao <krish.kkphoto@gmail.com>
Date: Wed, Nov 29, 2017 at 4:12 PM
Subject: Re: Attn Mr Akshay Jain: Requesting your Rebuttal to attached article about Ashok Odyssey
To: Akshay Jain <akshay.jain@rjgroup.in>
Cc: RJ Group Info <info@rjgroup.in>


Dear Mr Akshay Jain,

Good afternoon. Further to my reply to you last night, I have received no further communication from your side.

The article and your rebuttal to it will go live on my blog in one hour, and thereafter, it will be disseminated to mass media and social media.

Regards,
Krishnaraj Rao
 ----------------------------------------------------------------------------------------- 

From: Akshay Jain <akshay.jain@rjgroup.in>
Date: Wed, Nov 29, 2017 at 4:54 PM
Subject: Re: Attn Mr Akshay Jain: Requesting your Rebuttal to attached article about Ashok Odyssey
To: Krishnaraj Rao <krish.kkphoto@gmail.com>
Cc: RJ Group Info <info@rjgroup.in>

Dear Mr. Krishnaraj Rao,
We are not in office today hence sending you the following response using my cell phone. 

Firstly, We thank you for finding merit in our response.
At this stage the migration process is being done in phases and it is definitely not a couple of hour’s work to compile and submit data which is likely to be published. Also we do not have any specific permission from our customers to share their names and the nature of their financial dealings and investments with us. Infact, we will have to seek separate permission from each and every individual, which we will before giving out the names.

Since you had given a dead line for today, we as mentioned gave a ‘preliminary’ response to your email. Infact, if given a choice and opportunity, we can assure you that you will not only remove the name of Bhagtanis but you will even delete the article in totality as we can show you form our records that we are taking over all customers who have booked through EDMD Infracon Pvt. Ltd. But with a timer set from your end, compiling material in a haste is not the option we wish to exercise. It is not fair on your part.
We embrace your intention that you do not wish to cause any unrest or panic and do not intent to cause any losses to us. Your attempt to alert the people who ‘need to be alerted’ is not appropriate as these people are already aware of the day to day developments. Infact your attempt will be damaging to us as your blogs / publications will be read and shared by many more people who are ‘not interested parties in our project’ and it will obstruct and damage the future progress of our porject as it will malign the name of the project inspite of have rebranded it after the take-over. And we are sure that you will have no control that the said article shall circulate only to those 39 / 40 purchasers as mentioned in your draft. A good reason for you to not alert the customers are that “they are already being alerted by us and people employed by us”.
As of now there may be several aggrieved people in the market who have been affected by the Bhagtanis, they may not necessarily be as learned and wise as you are and they may not be able to differentiate between the finer prints. They will use your article as a tool to further cause harm to the Bhagtanis and it will cause trouble to us and indirectly it will derail our project.
Whatever documents you have not been able to locate on MahaRERA website might be obstructed for viewing of citizen by MahaRERA. We have all sets of documents in place and we are ready and willing to give you inspection of our title related and MCGM related documents at any time you may deem fit and proper.
It is good to know that you are in active journalism in the area of co-operatives, housing, RERA etc as more and more people need to be made aware about the provisions and their rights.
We once again appeal to you that we are not in a position to share the data at such a short notice. Over a period of last 24 hours we have shared enough genuine information with you that should enable you to take a wise decision and we hope that good counsel prevail over you.
We once again request you to not cause any harm or damage to the sentiments of general public with respect to our project and its future sales.
With respect to our recent exchanges of email we hereby call upon you to not to publish any article on any forum with respect to us or our project and we request you to not to associate our company with the Bhagtanis.

Many Thanks

Akshay Jain
For Sanyam Realtors Pvt. Ltd.
------------------------------------------------------------------------- 

From: Krishnaraj Rao <krish.kkphoto@gmail.com>
Date: Wed, Nov 29, 2017 at 5:29 PM
Subject: Re: Attn Mr Akshay Jain: Requesting your Rebuttal to attached article about Ashok Odyssey
To: Akshay Jain <akshay.jain@rjgroup.in>
Cc: RJ Group Info <info@rjgroup.in>

Dear Mr Akshay Jain,

Thank you for your timely response.

1) You say: "Infact, if given a choice and opportunity, we can assure you that you will not only remove the name of Bhagtanis but you will even delete the article in totality as we can show you form our records that we are taking over all customers who have booked through EDMD Infracon Pvt. Ltd."

My response: Yes, I agree that I will delete this article if I am given sufficient documents and verifiable facts that show that you are genuinely taking over all customers who paid booking amounts for "Executive". In the interest of all concerned, I will extend the "timer" to tomorrow noon. In the meantime, kindly start emailing me some documents to prove the genuineness of your claims.

2) You say, "...we will have to seek separate permission from each and every individual, which we will before giving out the names."

My response: I would argue that such privacy concerns are not only trivial in the present context of the Bhagtani scam, they are actually misplaced and misleading. Regardless of any such concerns, I will not extend the timer beyond tomorrow noon.

Once again, I request you to start sending me the documents that can be used to verify your claims.

Warm Regards,
Krishnaraj Rao

The Mysteries of Bhagtani Executive a.k.a. Ashok Odyssey




Mumbai, 30th November, 2017: A huge outcry has been raised by hundreds of Bhagtani builder's cheated customers, who paid lakhs of rupees and booked flats in Riyo (Mira Road), Sapphire (Dahisar), Serenity (Powai) and Savannah (Kanjurmarg). But amidst all this commotion, those who booked flats in a building called Executive in Ghatkopar West are strangely silent. Why? The reason seems to be that Executive was registered with MahaRERA as Ashok Odyssey, not by Bhagtani but by a company called Sanyam Realtors, headed by Akshay Jain. Will the people who booked flats in Executive automatically get flats in Ashok Odyssey? Sanyam Realtors have refrained from making such a commitment in any form, but people seem to have become comfortable by thinking so, and are therefore quiet. It is the silence of the lambs!


Who is Akshay Jain? Son of Rakesh Jain of RJ Group, who gave development rights to Bhagtani's EDMD Infracon Pvt Ltd for construction of the Executive project. Here are some brochure pages to refresh your memories:



The booking amount was collected by the Bhagtanis through their entity EDMD Infracon Pvt. Ltd. Did the Bhagtanis transfer these funds to the Jains? Maybe, and maybe not; that is an internal transaction between the two partners, and the customers need not concern themselves with that. What matters is: Anybody having sufficient proof of having booked a flat in Bhagtani Executive is entitled to a flat in Ashok Odyssey. 

 


Before registering the project as Ashok Odyssey, Sanyam Realtors should have issued a fresh Allotment Letter on their own letterhead to each customer of Executive. It is worrying that this has not been done. Worse, what betrays Sanyam's intention of not honouring the allotment letters given by the Bhagtanis is: they have declared to MahaRERA that only eight flats have been booked.


Of the 39 flats in Ashok Odyssey - A Wing, only five are reported as booked.  See below:



Of the 20 flats in Ashok Odyssey - B Wing, zero are reported as booked. See below:
 
 


Of the 39 flats in Ashok Odyssey - C Wing, only three are reported as booked. See below:


There are totally 98 flats in Ashok Odyssey A, B and C Wing, of which only eight are reported as booked, and ninety-one flats are therefore declared as available for sale.

Did only eight persons book flats in Bhagtani Executive? No; a conservative estimate puts the figure at over 40 at least. If this is the case, the Jains have already betrayed their intention of not honouring the allotment letters handed out by their former partners, the Bhagtanis.


Can the Jains absolve themselves of this commitment by changing the name of the project and by signing a deed of cancellation with the Bhagtanis? No. If the allottees of Bhagtani Executive approach RERA, their chances of getting a favourable order are very high.


The RERA declaration of Ashok Odyssey shows almost no trace of its Bhagtani legacy. There is only one place where the Bhagtanis are mentioned, and that is on the third page of the Legal Title Report. Here's what it says:



It is possible that Bhagtanis did not give Jains all the money collected as booking amounts. However, the view that RERA is likely to take is that as co-promoters of Executive, the Jains i.e. Sanyam Realtors have to give a flat in Ashok Odyssey to each and every allottee of Executive. And that is the bottomline.

ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com


REBUTTALS: Sanyam Realtors Pvt Ltd were approached for their rebuttal to the above article. Click here to read the emails that the managing director Mr Akshay Jain wrote in response to this article.
 

Monday, 20 November 2017

Warning! Lodha Flat Buyers may face Income Tax Nightmare

Mumbai, 20th November 2017: Buying a flat from Lodha Group can land you in deep trouble with the Income Tax Department. The small print in Lodha Group's Application Form compels you to not deduct TDS on your installments as required by law. Lodha's sales staff and Application Form illegally compels you to delegate your legal responsibility to Lodha. Such delegation can land you in deep trouble. Not only will you invite penalties from the Income Tax authorities, but worse, it can lead to scrutiny of your tax returns. Nobody in his right mind wants to invite I-T scrutiny through careless actions, but that's what can happen to you if you blindly trust Lodha's paperwork! 


As a flat purchaser, you have a statutory obligation under section 194-IA of the Finance Act to deduct tax and furnish details of your property transaction to the Income Tax department. There are no exemptions. Read this article to understand your obligation as a flat-purchaser. There is no provision allowing you to transfer this legal obligation to the builder!

TDS needs to be deducted each time while paying the installment, and it needs to be deposited by way of return-cum-challan (Form 26QB) within seven days of the following month of making the payment. Failing to do so can attract late filing interest of 12 % per annum, plus a penalty of upto Rs 1 lakh under Section 271H.

For example, if the consideration value of your flat is Rs 2 crore, then TDS @ 1% would  be Rs 2 lakh. Failing to deduct and remit this amount yourself can make you liable to pay late filing interest of Rs 2,000 for every month of delay.  Here is a specimen of the I-T notice you are liable to receive.

It is possible that Lodha's accountants will pay the TDS on your behalf, but this convenient arrangement is at your risk, not Lodha's. If Lodha's CAs default, then you will receive the notice and pay the fine. Moreover, Lodha may refuse to allow the TDS deduction, with the result that you will pay the TDS amount and fines from your own pocket!

WHAT LODHA'S APPLICATION FORM SAYS:

Check out page 5 of Lodha Group's obnoxious Application Form. It says this:
"The Applicant has authorized Lodha to pay TDS on his behalf. The Applicant acknowledges that the TDS will be payable by the Company only in the name of the Primary Applicant. In the event the applicant wishes to pay the applicable TDS on his own, a written request to the effect shall be given to the company on tds@lodhagroup.com, and thereafter the applicant shall submit the Challans for payment thereof to the Company within 7 days of the relevant due date for payment of TDS, failing which a tracking charge of Rs 1000/- per challan per month shall apply."

WHAT ARE THE IMPLICATIONS?

Firstly, signing the Application Form quietly removes the power of the home buyer to deduct TDS from the amount payable to Lodha. The only acceptable lawful position is that that the buyer will deduct TDS and remit it. Lodha's Application Form makes it the default position that the buyer will NOT deduct TDS, leaving it to the builder to do so. Lodha incites you to commit an offense that will land you in trouble with Income Tax authorities. (Remember, Lodha Group will not face any consequences for this, because it is your legal obligation, not Lodha's!)

Secondly, in the Application Form, Lodha threatens to illegally penalize you @ Rs 1000 per month per challan if you insist on deducting and paying the TDS yourself, if you are not prompt in giving the challan to Lodha. This fine is gratuitous, because the law puts the onus on you to do so promptly! The law states, "Every person responsible for deduction of tax under section 194-IA shall furnish the certificate of deduction of tax at source in Form No. 16B to the payee within fifteen days..."
 
Thirdly, the motive for Lodha's actions appear to be illegal. The question arises: why is Lodha going out of its way to coerce, threaten and dissuade flat-buyers who wish to fulfill their legal obligation? The most plausible explanation is that Lodha Group is trying to avoid disclosing certain key facts and figures to the flat-buyer and possibly, the Income Tax department also. Also, it is likely that Lodha is partially evading taxes in this way. As the clause in the Application form is underhand and sneaky, the motives appear to be illegal. Income Tax authorities should carry out a probe to find out what Lodha is hiding!

ISSUED IN PUBLIC INTEREST
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com

Thursday, 16 November 2017

How Lodha Group's "Application Form" Traps Unwary Customers

Mumbai, 16th November, 2017: Lodha Group's Application Form is like a bear-trap for prospective flat buyers. When you are preparing property papers and legal documents, every single word has to be clearly understood and agreed upon. But Lodha's customers are forced to make fatal blunders in the paperwork right in the beginning. The consequence of those blunders is that Lodha Group gets a crushing grip on your balls, which it squeezes whenever it wants. If you are a Lodha customer who tried to stand up for your own rights, you may have experienced this crushing grip.


Lodha Group's insidious Application Form is not declared before MahaRERA. Lodha Group insiders never share a copy, but we have procured it. Click here to download. These are the papers you are sweet-talked into filling up in the euphoric afterglow of a site visit.

 

UNDERSTAND HOW THE FORM WORKS AGAINST YOU:

1. The Application Form reverses who is the promisor and the promisee. Lodha's Application Form turns the factual position upside down -- the factual position that Lodha has built many flats, wants to sell them and is therefore running a sales office and a website, and is paying salaries and commissions to sales staff, channel partners and estate agents. In the language of law, Lodha is the "promisor" and you are the "promisee", and Lodha has to make a proposal, to which you are the assenting party. Section 2 of Indian Contract Act. Section 2(d) states, "When, at the desire of the promisor, the promisee or any other person has done... does... or promises to do... something, such act... or promise is called a consideration for the promise". In the natural order of things, Lodha has to promise to deliver a flat of specific dimensions, at a specific geographic location, with specific common amenities such as clubhouse, on a specific date. But... surprise, surprise! Lodha Group studiously avoids making a single specific promise, opting for only vague and dreamy communications in advertisements, brochures etc. When you fill up the Application Form, you become the promisor and Lodha becomes the promisee; you propose to buy the flat and promise to make payments according to a strict schedule, and Lodha assents to your proposal. 


It says here: "This Application constitutes an offer by the Applicant to acquire a Unit in the Building/Project as mentioned in this application form, on the terms and conditions contained herein." So who is the promisor? You are!

Who mentions the Unit and its specification? You do. Lodha doesn't mention anything. This is crucial. Lodha does not inform you about the carpet area of the flat you propose to purchase; instead, you inform Lodha about the carpet area of the flat, and the date of possession, in your own handwriting. If you find out later on that the carpet area is much less, or that the possession is delayed, how can you blame Lodha? Lodha didn't write the carpet area or the date of possession, you did!


Look at the wordings:


At the bottom of the first page, in hard-to-read small print, is the most important part of the Application Form, which you probably never read before signing:

 
It says, "I confirm that the details provided by me in this Application Form are true and correct. I have read and understood the terms and conditions stated herein and the same are acceptable to me and I shall be bound by the same. I further confirm that I have read and understood the terms and conditions of the Agreement to Sell to be executed pursuant to acceptance of this Application and allotment of a unit to me."

This is important. The majority of Lodha's customers sign without reading and understanding the full weight of their meaning, and these very words come back to haunt them later on.

2. The Application Form allows Lodha Group to tell you lies without any legal consequences. Let us go back and read the first point of terms and conditions again.

It says here: "The Application and the terms hereof shall supersede all prior discussions/correspondences/letters/emails (written or otherwise) between the Applicant and the Company." What does that mean? It means that the Company i.e. Palava Dwellers Private Limited, is not bound by any misinformation and false assurances that the sales staff, estate agents, channel partners, brochures and advertisements gave you orally or in writing, nor can it be held legally liable for any of it. Essentially, this clause sets the company free to misinform and misguide you before you sign the Application Form, and even afterwards.

3. The Application Form allows Lodha Group to act like a loan shark, without any legal justification whatsoever. The terms and conditions force you to submit to extreme financial stress. How much of a financial stress? Look at this payment schedule:



Within six months of booking, you have to pay 95% of the booking amount, regardless of the state of readiness of the flat you are buying. The payment schedule is not based on completion of slabs, etc. Why? Because your Application Form made you take on such an overconfident commitment! See here:



So what happens if you have taken a home loan, and your bank delays in disbursal? Will Lodha take a reasonable view of it? No. Read point 3 in the notes below the Payment Schedule in the Application Form. It says, "In the event that the Applicant approaches a bank/financial institution for availing a loan, any delay by such bank/financial institution in making the payment as per the Payment Schedule shall attract interest at as per the terms of this Application from the date they fall due till realization of payment and shall constitute an event of default."

What is the consequence of "an event of default"? Let us see what the terms and conditions say. Para no. 3.5 states: "In the event that the Company rejects the application on account of non-receipt of Booking Amounts or any part thereto... all amounts paid towards Booking Amount I and II (or 10 per cent of the Total Consideration, whichever is higher) or part thereof shall stand forfeited." In other words, in case you fail to pay 10% of the consideration value within 21 days of booking, you will forfeit whatever you have paid till that date, to the extent of almost 10 per cent. In fact, para 3.5 says that even if you have paid the entire booking amount of 10%, but you do not "abide by the terms and conditions mentioned in the Application Form", you may forfeit the booking amount. See the small print below.  

But what happens if the "event of default" is after you have registered the Agreement to Sell? In that case, Lodha will charge you "administrative charges" of at least Rs 20,000/- for each instance of default, in addition to about 9% interest on the overdue amount. The administrative charges can be revised upwards in April 2018. Dishonoured cheques will further attract "cheque-bouncing charges equivalent to 2.5 per cent of the cheque in question.

From where does Lodha Group derive the power to impose such absurd conditions on you? From you, Mr and Mrs Flat-Buyer! From your basic ignorance of law, and your sheepish willingness to sign such one-sided documents, from your unwillingness or inability to read the small print. Signing this Application Form is quite similar to signing your own death warrant. If you sign this document  (about which the Real Estate Regulatory Authority is kept in the dark), it lays the foundation for an inequitable relationship with the builder through an inequitable Allotment Letter and a completely unfair Agreement to Sell.

Supposedly, you are signing the Application Form with full awareness and free will. Read para no. 15:


Did you sign this toxic document with open eyes, Mr and Mrs Flat Buyer? Or did you do it with your eyes wide shut?

There are half-a-dozen other dicey clauses in the Application Form, which we will discuss in another article.

ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com


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Also read: Measure your flat, Lodha Group has cheated you



Monday, 13 November 2017

Measure your flat, Lodha Group has cheated you

13th November, 2017, Mumbai: Our first article, titled Lodha Fiorenza – Misleading RERA, Blindfolding Flat Buyers, reveals how Lodha's sales staff mis-sells the flats to customers and keeps them in the dark by denying them crucial information about the project. Our second article about how Lodha Group is defrauding flat buyers in Carpet Area has been provoking many flat purchasers to ask the right questions. But such is the strength of the LODHA BRAND that people hesitate to believe anything written against Lodha. "This can't be true," they argue. Well, we believe that seeing is believing. So, here is an actual instance of Lodha's carpet-area fraud. Below are plans of flats in Lodha Belmondo that show you clearly how much Lodha is cheating you.

"4Bed Layout (2751 sqft)"

This plan titled "4Bed Layout (2751 sqft)" was emailed by Lodha Group's sales staff. If you total up the dimensions shown in the plan, the measurement is 1815.63 without terrace, and 1936.38 square feet with the terrace. This flat is a 814.62 square feet smaller than what Lodha sales staff claims. But Lodha sales staff and customer relationship managers cheat you by making you write "4BHK 2751 sq ft" in your own handwriting on your Application Form, and sign the page, and affirm that you have written this down after due verification. (The application form is a crucial part of Lodha's strategy for cheating you. More about that in another article!)

"3Bed Luxe (2341 sqft)"

This plan is titled "3Bed Luxe (2341 sqft)" in the email attachment. The actual measurement is only 1520 sq ft without terrace, and 1639 sq ft with terrace. It is 702 sq ft smaller than claimed by Lodha.

"Golf Suite Flat Layout (711 sqft)"
This plan is titled "Golf Suite Flat Layout (711 sqft)" in the email. The actual carpet area measurements are 449 sq ft with terrace and 482.68 sq ft with terrace. This flat is 228.3 sq ft smaller than claimed by Lodha.

Now, is it possible that we are mistaken? Is it possible that these dimensions (711 sq ft etc.) are super-built up area or built-up area? So we asked the sales staff on email, and received a reply that it "would be carpet area as after Maha Rera the government has ruled out build up and super build up." We have proof of all this correspondence.

If you wish to double-check our arithmetic, refer to the step-by-step calculations given below. These calculations have been done by a trained interior designer.


Lodha Group forbids you to officially measure the carpet area of your flat. If you raise a dispute regarding carpet area, Lodha threatens to destroy your interior work as a precondition for resolving the dispute by measuring the carpet area! In almost all Lodha projects, the carpet area mentioned in the agreement are much less than the actual. To prevent this truth from becoming exposed, your registered agreement states that if carpet area is to be measured, the finishes must first be removed at your cost. This means removal of your paint and plaster, skirting, headboards, bathroom wall tiles, and possible damage to flooring also! This toxic clause is found in the "Proforma Allotment Letter and Agreement to Sell" uploaded on RERA website. The clause states:

So, how does Lodha group pull wool over the eyes of MahaRERA? Isn't every builder supposed to compulsorily make a clear declaration of the carpet area of each flat, as well as all details of the project? Well, it turns out that Lodha Group -- like  many other crooked builders -- have already perfected a method of creating confusion. They divide one project into multiple projects and mention the carpet area in ways that customers cannot directly relate to their flats. For instance, Lodha Belmondo is divided into seven projects on MahaRERA website:


Much remains to be written about Lodha's cunning MahaRERA declaration which serves to confuse flat-buyers and outwit MahaRERA.  Lodha's scam isn't limited to carpet area fraud. It has multiple facets, including misinforming the public about the size and nature of common amenities such as clubhouse, golf course, swimming pool and recreation area. More will be revealed in another article!

ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
Mumbai