Kamdhenu Gardenia is a real estate project coming up in Taloja.
Read the hidden data of the project and save your money
Table of contents
- Price Gouging (Differential pricing)
- Society Conveyance
- illegal ‘allotment’ of parking
- Refusal to adhere to society transfer rules
- Protection against future prosecution
Price Gouging/Price Rigging (ग्राहक देख के पूड़ी बांधना )
Real Sales Data and Price structure of sales in Kamdhenu Gardenia Project in Taloja, Phase 2. As you can see, the builder has sold same area flats to different people for different prices. This difference is a couple of lakhs in few flats. These are the total flats he has sold in the project till 26th February 2021. The total flats sold is 15 nos.
This practice of not advertising the rates and then selling the same flats at different prices is illegal in most countries. Its called differential pricing and price gouging.
|Building Name||Configuration||Flat no||Area (carpet)||Price||Ready Reckoner Price||Floor||Buyer||Month of Transaction|
|Aster||1 bhk||104||38.39||32,26,000||19,69,920||1||Hamid sayyed||Feb-21|
|Coronation||1 bhk||A204||38.39||33,78,000||19,69,920||1||Mahadev shankar more||Feb-21|
|Coronation||1 bhk||B 202||38.39||34,16,000||19,70,224||2||Irfan hasnuddin ansari||Feb-21|
|Coronation||1 bhk||A 102||38.39||34,36,000||19,70,224||1||Shankar gorad||Jan-21|
|jasmine||1 bhk||304||38.39||34,36,000||19,70,224||1||Sunil tayyade||Jan-21|
|Lavender||1 bhk||403||38.39||34,42,000||19,69,920||4||ambar shankar gholap||Feb-21|
|Coronation||1 bhk||A 104||38.39||34,42,310||19,69,920||1||Vijay prabhakar mhatre||Feb-21|
|Coronation||1 bhk||A 103||38.39||34,42,310||19,69,920||1||Vijay kamble, manisha kamble||Feb-21|
|Bouganville||2 bhk||301||49.28||42,54,000||24,77,068||3||Shailendra Pawar||Feb-21|
|Lilly||2 bhk||303||49.28||43,00,000||24,77,068||3||Ravishankar Pawar||Feb-21|
|marigold||2 bhk||103||49.28||43,00,000||24,77,068||1||Arpita Sarkar||Feb-21|
|Bouganville||2 Bhk||201||49.28||43,00,000||24,77,068||2||Girdhari Jaisinghani||Feb-21|
|marigold||2 bhk||201||49.28||43,20,000||24,77,068||2||Rakesh sanjiv kuthe||Feb-21|
|marigold||2 bhk||102||49.28||43,24,000||24,77,068||1||Sulochna davle,sneha davle||Feb-21|
|Bouganville||2 bhk||101||49.28||43,30,000||24,77,068||1||ayesha irfan sheikh||Feb-21|
The same type of illegal activities are continuing unabated.
Even the so called RERA registered agreement has illegal clauses in it..and the RERA authorities have blatantly uploaded the same to their website.
The permission for construction obtained from Panvel Municipal Corporation clearly says that any GST due will have to be paid by the builder in the future…but the builder has cleverly laid a clause in the sale agreement asking the flat purchaser to foot the GST charges
Another clause from the sales agreement uploaded on the RERA site says that the conveyance will be responsibility and liability of the flat purchaser. This is also blatantly illegal as the responsibility and liability of forming the society and conveyance is sole responsibility of the builder.
illegal ‘allotment’ of parking
The builder has also included illegal activity of ‘allocating’ parking. Parking is space free of FSI. It cannot be sold or allocated by builder. After conveyance, the entire parking area becomes property of society. The builder has no rights to allocate any society and no rights to ask people to ‘surrender’ any claims to such parking in the future. Such one sided agreements have been penalized by the courts in the past and are illegal as per anti-competition authority of India. What makes it worse is that such illegal clauses are uploaded without a question on RERA website itself !
Refusal to adhere to society transfer rules
The co-operative societies act and rules clearly say that after land and building is conveyed to society, the entire property comes under the rules of the society. The rules clearly say that the society is liable to take transfer charges of Rs 25,000 per flat (max)., but by including such blatantly illegal clauses in the agreement the builder has once again shown zero respect for the rule of law. The same agreement can be found on the RERA website.
Protection against future prosecution
In another clause the builder has tried to save himself from future prosecution for non payment of any of the charges that he is supposed to pay under the law. This is blatantly illegal and one sided and will be thrown out in court if the society decides to prosecute him. These unscrupulous builders have zero knowledge of the law and are taken for a ride by their so-called ‘lawyers’ who take them for a ride based on their ignorance.
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