Emerald Hills Sector 65

By: Rohit | September 25, 2016

Wed, Apr 13 2016. 02 22 PM (Livemint.com

Emaar MGF Land was the first partnership through a large foreign direct investment in India’s real estate sector. 


Bengaluru: Dubai’s Emaar Properties PJSC has decided to terminate its 11-year-old joint venture with MGF Developments Ltd, Emaar MGF Land Ltd.


The joint venture will undergo reorganization through a demerger scheme, and Emaar Properties will drive the ongoing projects of the company in India.


In a statement on Dubai’s DFM General Index, Emaar, one of the largest developers in Dubai and the creator of the Burj Khalifa, said: “This reorganization will enable Emaar to implement focused strategy for its real estate business in India and will allow the business to undertake future expansion strat...

By: Rohit | June 09, 2015

August 7, 2014

                                                    

To:

Dr. K Ramamurthy, Project CEO (Emaar MGF)

From:

Emerald Hills Owners Group

cc:

Ajay Nambiar, Head Customer Care (Emaar MGF)

Date:

August 7, 2014

Re:

Inordinate delay in construction and delivery of Emerald Hills Township (Floors, Premier Floors & Estate)


This is to bring to your notice that we, the owners of various units/blocks in the Emaar MGF’s Emerald Hills Project namely – Emerald Hills Floors, Emerald Hills Floors Premier & Emerald Estate   are concerned about the inordinate delay in the construction and possession of our units.

 

The project was launched during Jun-Jul 2009 and most of us got their Buyers Agreement signed by Dec, 2009 with date of delivery estimated starting Dec 2012.   It is a clear delay of 2 year or more by the time we are offered our possession.

 

Key Facts forming the basis of our meeting and agenda:

 

  1. Trust and Transparency

    1. Emaar MGF has never been transparent in its communication, dealings or responses to our concerns in any form or manner.

    2. Emaar MGF never took steps to come clean on any of the issues raised by the buyers and responded with copy book answers.

    3. Each time we raised issue we were quoted the “Buyer’s Agreement” brazenly without realizing that the “Only and Key” deliverable of the contract is a ready to move in unit within 3 years.

    4. At this point, buyers have no trust in the commitments made by the Emaar Team during last 12 months to improve the situation.

  2. Reasons for such a huge delay for township?

    1. Emaar MGF never explained such a huge delay in constructions, giving air to widespread rumours of various kinds.

    2. Emaar only mentioned they had all the licenses, approvals and permissions in place to carry out the construction. We were shown the documents to put our concerns to rest.

    3. Not a single brick was laid in the Amber, Coral or Topaz Blocks for last 6 years, how you cannot explain the worried buyers. You have an obligation to explain to the buyers.

    4. At this stage Buyers want to know the real reasons. We had agreed for moving forward 12 months ago without being given any valid reasons for delays for over 2-6 years of delay

      Memorandum  

    5. Efforts to avoid or skip this key point would demonstration the point (A) once again

    6. Emaar MGF owes a valid and detailed explanation to the buyers for such a huge delay and the steps taken to mitigate and compensate the buyers adequately for this huge delay.

  3. Adverse Financial Impact on Buyers

    1. Emaar MGF team has been insensitive to the Increased TCO for buyers:  

      1. Additional rental costs being borne by the buyers, burden of EMI and loss of precious 6+ years of our lifetime. By the time township settles, it would 10 years!!

    2. Imposition of Service Tax and VAT:  

      1. VAT was totally avoidable if we would have received our units in time. ii. The cost of VAT is purely because of the delay caused by Emaar MGF and accordingly some steps must be taken by Emaar MGF for not loading the buyers with this extra financial burden

    3. Loss of Income Tax Deduction on Home Loan:

      1. As per the IT Act, if the construction is not completed in 3 years then the benefit is reduced to Rs 30000/- only instead of 1.5 lakhs. Emaar MGF is responsible for this loss to the buyers as well.

      2. How are you planning to address this part? The compensation offered in the agreement is in-sufficient to address the kind of loss Emaar MGF has inflicted on the buyers.

    4. We are not even talking of the mental agony and stress, various life events like kids’ marriage, someone’s post retirement plans etc. got irreversibly impacted.

  4. Revision and adjustment of penalty/ Compensation

    1. In the light of huge delay and Emaar MGF not meeting the key deliverables of the contract, we seek to a higher compensation for the financial losses leaving aside mental agony and stress caused and making buyers lose precious time of their lives.

    2. Invalidate the “Undertaking” which was imposed upon the re-sale buyers, because irrespective of first time buyer or re-sale the time lines of the unit delivery remain unchanged. Hence Emaar MGF can’t deny rights of re-sale owners for compensation

  5. Lack of urgency on part of Emaar MGF to make up the time loss, put people on war footing to complete

    1. Clearly, there has been a lack of urgency or ownership to deliver the project in time as per the original time lines.

    2. Since last 12 months also, we have not seen steps at the war footing to mitigate the delay, keep the commitments made during meetings.

    3. You are still struggling to find vendors for Amber, Coral and Topaz blocks which is beyond comprehension

    4. Please fix responsibility for such lack of empathy, ownership & urgency to complete the project and share the plans for action in writing to all buyers

    5. Now, who is going to be held accountable for loss of quality in constructions or fixtures as promised originally?  

  6. Dates of Possession (Units & Club House)

    1. Crystalize the dates of possession for each block and commit to those in writing  

    2. Share the date of Club House being operational and alternate arrangements till then like membership in nearby Emaar MGF clubs or arrangement with some suitable club

  7. Regular Meeting with the CEO to track the progress now onwards

    1. In last 12 months, we have witnessed ‘ornamental’ steps and only talks. No commitments made were kept. We would like to have a periodic review with the CEO and team, preferably on a monthly basis. We have tried quarterly basis and clearly we have no faith. It is up to Emaar MGF to restore buyers’ faith


      Background

       

      Post the initial construction, we were seeing the progress and were not alarmed as this was a low rise township and it was expected that it would not take much time once the construction has started.

       

      By Dec2012, people got concerned as In the Emerald Hills Floors Project, almost no construction activity had taken place in the Amber and Coral Blocks until last week, while the other blocks like Jemma and Ivory are still not ready for possession.  

       

      Buyers did not get any satisfactory answers from Emaar MGF and the Customer Care was just a wall created to shield the senior management of Emaar MGF. We all struggled to reach out to the right person who could assure us and convince us that things were moving in the right direction. There has never been any construction update from Emaar MGF to the buyers.  

       

      During the mid of 2013, some of us tried to search for online forums to reach out to Emaar MGF senior leadership but in vain. During this period, some of us got together to put our efforts as a group to contact Emaar MGF team.

       

      All our efforts were ignored and after much follow-up, the customer care team agreed to meet us. Since last 12 months, we have had several meetings with lots of promises, no valid reasons for delays etc. The group trusted the Emaar Team and yes, there were doubts on the intent of the team. They must be feeling elated on diffusing the issue and buy time. We all knew this at the start and we wanted to give Emaar Team a chance to come clean on their commitments.

       

      The summary of our meetings/follow-ups is as below, 


Date

Subject

Sent to

11-Aug-13

Delay in Offering the Possession for Emerald Hills Project in Sector 65, Golf Course Ext. Road, Gurgaon

Ashish.jerath@emaarmgf.com; ashok.tahiliani@emaarmgf.com; Ajay.nambiar@emaarmgf.com; feedback@emaarmgf.com; enquiries@emaarmgf.com; info@emaarmgf.com; ceo@emaarmgf.com

14-Aug-13

[Response not received Reminder 1]: Delay in Offering the

Possession for Emerald Hills Project in Sector 65, Golf Course Ext. Road, Gurgaon

20-Aug-13

[Response not received Reminder 3]: Delay in Offering the

Possession for Emerald Hills Project in Sector 65, Golf Course Ext. Road, Gurgaon

23-Aug-13

MOM for meeting @Emaar MGF Office on 23rd Aug 11:00 AM

10-Sep-

2013

Mr. Parag Raj has confirmed our meeting with Project Head and Customer Service Head of Emaar MGF on 14th Sept'13 11:00 AM.  

 

26-Apr-2014

Meeting with Emaar MGF on 26th April 11:00 AM @Project Office

 

16-Jun-14

Requesting Meeting with Emaar MGF CEO (Inordinate

Delays in Emerald Hills Project, Golf Course Extension Sec65)

feedback@emaarmgf.com; Ajay.nambiar@emaarmgf.com; parag.raj@emaarmgf.com; gautam.sawhney@emaarmgf.com; arvind.gupta@emaarmgf.com; ashok.tahiliani@emaarmgf.com

20-Jun-14  

Follow up- Requesting Meeting with Emaar MGF CEO

(Inordinate Delays in Emerald Hills Project, Golf Course Extension Sec-65)

20-Jun-14

** URGENT : Requesting Meeting with Emaar MGF Project

shalini.koul@emaarmgf.com

 

CEO Dr. K Ramamurthy Regarding (Inordinate Delays in Emerald Hills Project, Golf Course Extension Sec-65)

 

(PA to Project CEO) as informed by reception

27-Jun-14

Follow-UP1, ** URGENT : Requesting Meeting with Emaar

MGF Project CEO Dr. K Ramamurthy Regarding (Inordinate

Delays in Emerald Hills Project, Golf Course Extension Sec65)

shalini.koul@emaarmgf.com

 

30-Jun-14

Follow-UP1, ** URGENT : Requesting Meeting with Emaar

MGF Project CEO Dr. K Ramamurthy Regarding (Inordinate Delays in Emerald Hills Project, Golf Course Extension Sec65)

tv.ramakrishanan@emaarmgf.com

(Another PA to Project CEO) as informed by reception


Needless to say that our interactions have not yielded expected results as none of the promises were kept, not even the one made regarding sharing the updates on a regular basis. When Emaar team was refusing to recognize group emails, then they should have shared updates to all the individual buyers being a professional organization and that did not happen.


Project team on ground is not aware of the deliverables like piped gas to be provided. This astonishing fact came to fore during one of our discussions and you can imagine our frustration and disappointments on a complete disconnect between what is promised to the buyers and what is being delivered on ground.


Following dates were shared with us during the meeting on 14-Sep-2013

 

Description

Start Date

End Date

IVORY/JEMMA

 

 

 CONSTRUCTION

08-AUG-13

30-MAR-14

    EXTERNAL INFRA BALANCE WORK

08-AUG-13

31-OCT-13

    BUILDING CONSTRUCTION BALANCE WORK

08-AUG-13

30-MAR-14

 

 

 

 APPROVALS

01-APR-14

30-DEC-14

    APPROVALS FOR OCCUPATION CERTIFICATE

01-APR-14

30-OCT-14

    HANDOVER OF PLOTS AND BLOCKS

01-NOV-14

30-DEC-14

 

 

 

CORAL/AMBER/TOPAZ

 

 

 CONSTRUCTION

01-NOV-13

30-OCT-15

    EXTERNAL PLUMBERING

01-NOV-13

30-MAY-14

    ROAD BASE

01-JAN-14

30-JUN-14

    BUILDING CONSTRUCTION

01-APR-14

30-OCT-15

 APPROVALS

01-JUN-15

30-APR-16

    APPROVALS FOR OCCUPATION CERTIFICATE

01-JUN-15

30-DEC-15

    HANDOVER OF PLOTS AND BLOCKS

01-JAN-16

30-APR-16

 

You can very well see that none of the dates shared have been honored. Till recently, Emaar MGF is negotiating with various vendors for the construction of Amber, Coral and Topaz block. This itself is a sign of how unprofessionally entire project has been managed.  


At this stage, buyers need written assurances with clear deliverables with timeline, ownership and steps on war footings to speed up the constructions and offer of possession. We don’t want the story of last 6 years to be repeated.  

 

Desired Outcomes:

 

  1. Restore Trust and be Transparent in communication with buyers

  2. Share documentary evidences of appropriate

    1. Licenses, Approvals & Permissions

    2. Applications for OC

  3. Address adverse financial impact inflicted on buyers by revision of penalty/ compensation over above mentioned in the agreement as that is very meagre.

  4. Demonstrate urgency on part of Emaar MGF to make up the time loss, put people on war footing to complete the project at the earliest.

  5. Publish dates of Possession (Units & Club House) in writing to all buyers

    1. Crystalize the dates of possession for each block and commit to those in writing  

    2. Share the date of Club House being operational and alternate arrangements till then like membership in nearby Emaar MGF clubs or arrangement with some suitable club

    3. Ensure Power Backup is available by the time of possession and appropriate arrangements for piped gas as promised.

  6. Regular Meeting with the CEO to track the progress now onwards in order to keep the momentum going and instil some confidence in buyers.

     

    We sincerely hope that Emaar MGF would take a genuine and generous view in accordance with its global reputation and make amends by addressing the concerns raised in favorable manner.







  • Category: Progress Updates 

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    By: Rohit | June 09, 2015

    Vimal Chander Joshi Vimal Chander Joshi,TNN |Jun 9, 2015, 02.44 AM IST


    GURGAON: In a landmark ruling, the National Consumer Disputes Redressal Commission (NCDRC) on Monday asked real estate major Unitech to pay buyers compensation at the rate of 12% per annum for delay in delivery of flats, overruling the builder-buyer agreement that had set the rate at 1.8% per annum.

    The order came in a case filed by 24 buyers of a housing project, Vistas, in Sector 70 of Gurgaon. The buyers alleged that they had booked the flats in 2009-10 and delivery was promised in 36 months.

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