[Resolved]  Emaar-Mgf - The Palm Springs, Gurgaon — Unfair Demand on pretext of a fictitious super area increase

Address:Gurgaon, Haryana

Calling all owners of Emaar-MGF- The Palm Springs, Gurgaon - COME join hands with us in fight against the company on pretext of a fictitious super area increase!
At the eleventh hour of this much delayed flagship project, Emaar-MGF has slapped an outrageous demand of Rs.10-34/- lacs to all owners on pretext of a fictitious super area increase. The basis they give is that there is a clause in the agreement which says that for upto 10% increase in the super area, the company needn't ask the clients and can demand them for payment against such increase when required. But the fact is that as per physical verification, the covered area is even less than that in the agreement!
A group o[censored]s Palm Springs owners have already got together and are fighting against this unfair demand from the company. There are already about 140 owners in this group and its growing by the day. We had meeting with their top management and so far they don't have any answers to any of the queries that we put in and asked for proving us the increase in super area and support it with on ground verification.
We have also roped in a top legal firm and have already sent them clubbed notices. United we are a group of HNI's and high profile corporate heads and have a very strong case and have already lined up a strategy to fight this unfair demand.
The formation of a formal Association of the owners is already underway.
We request you to kindly all owners of this project to join hands with us. Kindly contact us at [protected]@lynxoverseas.com or [protected]@getsholidays.com and we'll provide you all the info required on the developments with us so far.
Thanks & rgds
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Aug 13, 2020
Complaint marked as Resolved 
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very unfair
There is a lot of ambiguity in how superarea is to be calculated any varies from company to company. The agreements are one sided and the ambiguity works in the favour of the Developer. However some key questions are :
1. EDC and IDC are levied on the plot area and therefore the cost is distributed on the built up area, at the time of the launch of the project. Since the land area has not increased, there is no additional charge to Emaar MGF. Hence it is illegal to demand additional charges from the Owners.
2. Superarea calculations must be transparent and calculations certified by an Architect.
3. Emaar MGF must also provide a statement of the change in superarea. What is the increase in the area of the apartment, and how much outside.
For example if you increase the balcony width, no additional FAR is lost, so the additional cost to the Developer is negligible. Or if you increase the shaft size for pipes, to demand a pro rata increase in superarea which is based on an airc conditioned space is unfair.
has this been resolved?
This issue has now been resolved as a settlement was reached between the owner's association and the builder.

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