Meeting Scheduled on 28th April 2019

Dear Friends

Good Evening

It was around one and half year back,One third party was introduced in the project by builder.This third party, after grabbing all the assets (though unsuccessfully) succeeded in convincing majority of buyers that all liabilities is null and void now and  he was the only hope. Even notice has been issued in the news papers. Every now and then buyers started getting threats for cancellation of flat. Instead of starting the work he started questioning the buyers  . This third party had inventory of around 30cr as security.370 buyers had signed unconditional TPA. They had projects papers, so called GPA,so called agreement all had with them. After holding all these documents for more than a year this third party could not move further. Construction kept getting deferred on the pretext of one or the other. We are a group of  around 100 people believed that he is not going to invest a single penny in the project. He is just trying to grab the project from back door. We were in minority (although we are 200 now).We were threatened, abused, Called obstructionist. We pushed to the corner where our every voice were suppressed. Our genuine concerns were reticulated. We had no choice but to fight.As the first step we took stay in the project from the court against any third party right.This way we secured our investment. Now we went to EOW and filled the fresh complain regarding this black mail. This third party had been called and questioned.After getting desired result from EOW now we reached DTP and RERA. We apprised the ground reality to the director TCP and requested  to keep the lenient view while  renewing  the license.Meanwhile we got promoter apprehended. So the myth, which were being sold to the poor buyers that this project has no ownership , had been busted successfully. After all this,our buyers were still not able to believe that this third party has no locus stand in the project(Some of us even today wont believe.Few of us so naïve that while advocating this third party they say that o BBA me jo likha hai use better kar ke dega.Another set of naïve buyers are around 40 who had been promised that they will be offered the flat with zero escalation but while signing the TPA escalation amount was 495 and they are still  been convinced that this paper is nothing .They won’t have to pay a single penny.in return they are holding this third party flag high in a hope that someday miracle will happen).So we on one side pushed to the promoter to define the third party right and on the other side we requested RERA to define the role of this third party without any ambiguity. As a result RERA not only thrown out this third party but made us party as well. Then we took the order from  court through which learned court has barred all the concern to sell the inventory and divert the fund. So now our project has been protected by NCDRC,EOW,RERA and Court from any third party or the promoter invasion.

While we were fighting this battle, many of our friends have standard question, “are uske paas GPA hai o nahi jayega”uske paas all legal agreement hai and so on... We tried our best but we knew we can’t convince anyone only authority order will establish our narrative. This third party were busy in distributing gifted inventory and selling false promises and committing to start the construction in next 30 days.This dialogue has not changed since last 15 months. After getting favorable order from all the authorities, Now we are facing different question. Now question is are o sab to thik hai but hoga kaise?We are yet to come across the people(Although our strength is 200 now) who would  say us that yes our narrative were right and they were at wrong path.Anyway that is not much important now.Now important part is how can we revive the project.What is the plan?How we are going to implement that?

Plan

If everything will goes as per our plan then we will start the construction in next 30-40 days. We have already reached RERA. Few investors have been shortlisted. They will be evaluated in RERA and NCDRC.

In First phase we would like to take up Suburbian,Gemini and Tower D(provided these people authorize us  else we will go with the tower where we would be authorized to start the construction.

Our plan is construction first and pay latter.

If you feel that our plan is workable. If you are not aligned with any specific contractor and willing to evaluate all contractors then do join us to discuss this plan in detail   on 28th April 2019 at 11am  at Arya Samaj Mandir Sec 15 Faridabad.All who have joined association and willing to be part of decision making team please come in the meeting and take charge of the work as per your expertise and time.

If you have vested interest and you are aligned with any specific contractor then 28th meeting is not right place for you. Because on 28th meeting, we are not going to discuss about any individual contractor. We will also try to bring RERA representative in the meeting.Meeting proceeding  will be captured through video  and audio. This  will be submitted to RERA ,EOW and court. Our membership drive is already going on. We will shortly touch that magic figure. Whoever wants to join our association please fill the form and can submit in the meeting.

Agenda of the Meeting

1)      Revival of the project in next 30-40 days (You read it right!!!).

2)      Short listing of investor/Contractor.

3)      KRA of investor/contractor.

4)      Deliverables/Milestone.

5)      Review mechanism.

6)      Legal compliance.

Looking forward to meet all of you on 28th at 11am at Arya Samaj Mandir Faridabad.

Dear Fellow Buyers,
By now you all must be aware of our strategy and intentions on working towards the completion of the project in proper, legal and ethical manner with keeping buyers’ interest and security of investment. We now must start enrolling members in the society to strengthen it so that we can move forward. Please do the needful for the CCAWA membership, details are given as below:
1. Fill below attached membership form, as you know membership will be under the name of flat owner (single or joint)
2. Self-attested copy of KYC Document (Aadhar Card / Driving License / Passport)
3. Membership fee (either of below as per choice)
a. Rs.500 paid yearly
b. Rs 3000 lifetime membership
Please note payment can be made by Cheque / Demand Draft in favor of “California Country Allotees Welfare Association”
Or by NEFT / Online Transfer to following account:
California Country Allotees Welfare Association
State Bank of India
Account Number: 37030762607
IFSC CODE: SBIN0004457

Please send all required documents along with cheque / DD/ NEFT details by Courier etc. to following address
Mr. Rikhab Chand Jain
804 -Equator Tower
Omaxe Heights, Sector-86,
Faridabad -121002

Also please send scan copy of all documents on rsnagi@msn.com

28th March 2019

Yesterday(27th March) you got the link of existing CCAWA group and you joined. This is the start of the journey. Let me put forward my views/Facts regarding CCAWA-
California Country allotees welfare association was formed in 2017.As on today, this association is the oldest and biggest. We formed this association to file a case in NCDRC.But suddenly we were being threatened to cancel our flats by the consortium of builder, third party and some set of buyers. So we had no choice but to fight back. As a result we achieved certain milestone, which I would like to share with all of you.
Achievement
1) Today we are party in EOW,NCDRC,Faridabad court,Chandigarh high court and RERA.
2) We have secured the order from court that No third party right can be created without our consent.
3) No third party can get RERA registration without our consent/NOC.
4) License can’t be renewed without our consent.
5) Promoter is behind the BAR
6) All directors/Staffs/CA of DJIPL are in the authorities net now. Some of them have been apprehended. Some are being interrogated.
In short, our association has created the situation where nobody can threaten us or cancel our flat. No solution can be reached without the consent of our association.
Now what is next?
After securing ourselves from any third party, we need to quickly move on the project completion part.
This project has 3 stake holders. Builder, investor /contractor and the buyers. Investor has been arranged and he is ready to pump the money upto 10cr.Builder is behind the bar and whatever enablement will be required from builder that can be availed with the help of legal authorities. Now buyers has to join the CCAWA to start the construction. They will have to join because we are going to submit the list of buyers with their KYC document and flat number to RERA .Once this process will be completed then all benami /unclaimed flats will be converted into inventories and will be sold in open market and money will be pumped in the project.
This project will be completed when win –win situation will be created for all three stake holders and we are trying to create this situation for all three.
Buyers wish list-
1) Money should be invested first and collected latter.
2) If any legal document is need to be signed then it should be balanced and under the guidance of RERA or any other legal authorities.
3) Escalation should be legitimate(please read less than 500)
Investor wish list-
1) If he will invest then no legal authorities should harass him for DJIPL deed.
2) He should get good margin(that includes capital invested and risk cost)
3) Money should be paid on time/as per agreed terms.
4) No buyers should ask him to pay penalty.
Builder wish list-
1) If I have gone jail due to this project then if I am reviving the project then I should not be behind the bar.
2) I don’t have money so buyers should be lenient towards us because I have already faced the worst. Nothing worse than this can happen to me.
Broadly above are the wish list and we need to address all these for reviving the project.
 Link was shared and you joined the CCAWA group. Now members of this group is the combination of -
1) Active
2) Passionate
3) Silent
4) Informer of the handler
5) Handler with different/masked identity
6) Information seeker
7) Frustrated
We will start filtering this group shortly.Mr.R.S.Nagi,Mr.Saumya and Mr.Jagdish Ratra will be driving this.If you really interested in your flat and seriously want to start the construction, then please co-operate with these people. Send all your details as they are requesting you(They will share complete process shortly). We are in a process to submit buyers detail to RERA so that construction can be started.In first phase we will take up Suburbian,Gemini and Tower D and in second phase we will take up other tower.Work on common area will start from very first day.Buyers who are already member in the association but some documents are required from them.For this Mr.Rikhab Jain will be approaching you. Please submit or courier him your documents quickly.
In this group you are welcome to share problem but would appreciate if you share the solution as well.This group or its active members doesn’t guarantee you the flat till the time you start contributing. If you feel that no need to do anything.Sabka banega to mera v ban jayega.Then you are in the majority.We blame active members/leaders (irrespective of the group) for this bad situation. But I have a different take on this. Around 20 people (Across all the groups) are working continuously for completion of the project rest 230 is silent. You decide yourself; project is stuck up due to 230 or 20?We keep listening about fresh election in the society.As far as this association is concern we are always open for election and ready to welcome all active members who are ready to devote time. Actually we desperately need good people who can devote time.Election or no election ,please come forward.You will be accommodated. As far as current investor/contractor is concern,our association doesn’t have any issue with this contractor or any other contractor till the time he/she fulfill our wish list.We are not individual centric(isi se karwana hoga kind of) but solution centric. If anyone of you feel that current contractor is ready to do the job as per our term  and condition then you can take the quote and submit to Mr.Mendiratta.If we don’t get better quote than that then we will get it approved form RERA/NCDRC and court.
Other association is working on some other kind of solution.They have every right to do that.My best wishes to them.We are doing our job as per the RERA guidance and will keep working the way we have been told to do.
At last ,You are at the best time of this struggle journey. People who were trying to grab the project from back door has been shown their place.They are on the radar of RERA,EOW.NCDRC,COURT and INCOME TAX.Nobody can exploit you now. All the authorities are ready to help you. Developer who was not assessable is now in jail and can always be pressed for any kind of enablement. Investor is ready to invest first and collect latter.So now time has come to do your bit. Please joint CCAWA so that construction can be started.