Thursday, October 18, 2012

CREDIT NOTE what are they and THE SCAM attached @atulaynehra writes


CREDIT NOTE what are they and THE SCAM attached @atulaynehra writes

We got to go some 6-7 years back to understand the story behind the credit and debit note concept. The interesting fact behind the "NOTES CONCEPT" is that it's a virus that has spread in Just the Delhi NCR area and not any other parts of the country.

The Background

The developers especially the B, C , D category and the new entrants, to sell there over priced products offer some mouth watering "Commissions" "Fees" to the brokers / consultants / agents/ channel partners  and that's where the game of  "NOTES CONCEPT" start.

As we all understand that the real estate industry in India is the most UNORGANISED sector and provides ample opportunities to uneducated to professionals to earn as much as they can, be it ethically or unethically, is where the unethical players (most of them) of the business find out ways to cheat on investors.

The Modus Operandi

A game where Consultants / Brokers / Agent play the host…..

Here is it:

The developers who put there intellectual knowledge, expensively sourced technology, efforts, man hours to deliver a project generally offers a set percentage of BSP (basic selling price) (PLC in some cases and mostly does not pay on any other EXTRA loaded costs) to the consultants. These percentages generally vary from 2% - 10% of the selling* price, there are very few consultants who are offered a percent or more not exceeding 3-4 %. So, in nut shell we have consultant with brokerage fee varying from 1-10%-13% depending on location, price and developer.

I would now try to explain the Credit Note scam in consideration to example of Mr Sharma , who wanted to buy a property on Noida – Greater Noida expressway. Mr Sharma prepared himself to buy a 3 BHK apartment in a well known developers project , he approached the developer and enquired about the project. All the available details were furnished to him by the executive at the developer office. Post studying the details of the project Mr. Sharma out of curiosity of the full page adverts by the mushroomed guides, property marts, clinics, lion, cheetah , tigers and various estate agents , approached few of them. To his surprise, there was a remarkable difference in the price quoted to him by the developer and the agents.
Interestingly, prices offered to him by various consultants for the same property were not same too, and most of them assured him of guaranteed lowest price “bas ek baar meeting kar lijiye sir”.

Finally after days of research Mr Sharma short-listed one of the very reputed well known agents and was offered 12% discount on his purchase as compared to 8,9 or 10% offered by other agents. As expected Mr Sharma wanted to have the additionally benefit of that 4-5%  of windfall gain and booked the property. At the time of booking Mr Sharma was conveyed “as per policy only 2% discounts can be adjusted ON FORM (developer’s booking form) and the balance discount of 10% will be adjusted at the time of THIRD INSTALLMENT for which They (the agent) will issue a credit note on there LETTER HEAD mentioning the adjustment of 10% discount. Mr Sharma finalised the booking through the agent and went back home unknown of the fact that what has happened with him. 

The Agent’s office followed up for  second instalment and on enquiring by Mr Sharma he got to know that the agent through whom he bought the property is not well hence not come to office. Cheque for 2nd instalment was picked by some other agent. Same was done by the agent’s office at the time of the 3rd instalment, but here’s it .
On discussion of the amount that needs to be paid to the developer Mr Sharma mentioned about the 10% discount adjustment that was to happen during third instalment, of which Mr Sharma was told the agent who sold the property to him is no more working with the company and they can not guarantee/ fulfil false commitments made by an agent who has been fired cause of cheating, on producing the LETTER HEAD of the company , Mr Sharma was told the said employee has done the similar activity with many investors , which was spoiling there name and reputation , is why they fired him and nothing can be done on the commitment made by him.

Mr Sharma approached the developer with his concerns and was conveyed about no such information and documentation has been received from the agent, hence the full instalment has to be paid. ,Mr Sharma now had two options

a.     He cancels his booking

Ø  Mr Sharma has already paid 20-25% to the developer
Ø  His cancellation will call for a deduction of 10-20% of the paid amount
Ø  He would end up loosing 10-20% of his investments

b.    He continues and pays

Ø  Most sensibly the investors continue with the investment as done by Mr Sharma.

There have been innumerable cases as above and can be Googled  to have a detailed understanding on more such excuses given to investors by the XYZ agent’s flourishing in every corner of the city.

In Brief

Credit note
Ø  Furnished by consultant to investor for a later date of adjustment of discount
Ø  Extremely high usage in Noida , Greater Noida , Greater Noida West (previously known as Noida Extension) by brokers
Ø  Very few case of Honoured credit notes
Ø  Insist to take a Debit note
Ø  Always rely on well known consultants and check antecedents of pay backs before accepting credit notes.
Debit Note
Ø  Rarely used by brokers
Ø  Issued by brokers in favour of the developer to adjust the discount in various instalments over next few months or upfront.
Ø  98% of the consultant will not issue.
Ø  Insist for debit note, in original and submit the Original copy   of the debit note with the developer office in presence of your agent and take a signed receipt of the debit note from the developer.
In summation I’d recommend to First buy property at realistic prices , not inflated prices, second don”t fall for heavy discount , third if required ask for debit notes last but not the least if picking up a credit not , at least have it from some one who has a clean transactional experience.

Happy Investing



Unauthorized Colonies: FOR THE NAMESAKE


Unauthorised Colonies: FOR THE NAMESAKE
Isn’t Razing of illegal buildings illegal | can’t they be put for better use then bringing them down | Atulay Nehra writes

Pune Municipal Corporation spent Rs 2cr to raze 900 buildings

Delhi's demolition drive leaves hundreds homeless

A n old colleague called up few days back mentioning he has received a notice from MCD and they would be bringing down his 5 floors building which he got constructed for commercial purposes in Chhattarpur Extension area of Delhi. As discussed he provided few reasons and managed to get a Stay Order on his building, BUT his neighbour was not lucky enough for the same, and the thump and roar of the Bulldozers and falling of roof pulled by these automated demons broke the early morning silence of the area.

Now, what’s more concerning is not that the building was illegally constructed, what alarms is the kind of money the owner would have invested in constructing the building.

There are few questions which remains UN-ANSWERED

a.      What was the need to bring down / demolish the said or many other such buildings?
b.      With Governments having TOOLS like SEALING the properties with them , “WHY DEMOLITION”?

To have a detailed understanding about the illegal move of various Government bodies let’s analyse this step by step.

A.     What’s an Unauthorised colony / an illegal building / an illegal construction

Unauthorised Colony

A residential development that has come up on private land without any government sanctions and approvals is considered as an Unauthorised colony.

An illegal Building

Any build up structure constructed in an unauthorised area, or not adhering to the master plan of the area or constructed bypassing the Building By laws of the zone or constructed with unsanctioned plans is considered as illegal building

B.     THE SENSITIVE One’s

Most of the unauthorized colonies  have

a.      Water connection by Municipal Corporation (may or may not be there)
b.      Electricity connection
c.       Land Line telephone connection VSNL/BSNL/MTNL etc
d.      Voter’s ID card  “ A VOTING RIGHT”
e.      LPG connections

The above creates lot of unanswered questions for the regulatory bodies as the unauthorized colonies have all or some of the facilities provided by the government bodies it self , WHY should they call these colonies illegal / unauthorized .

The way out

a.      Don’t call these colonies unauthorized when government bodies itself has issued valid identity cards and service to these colonies.
b.      Regularize these colonies as soon as they meet the criterion of providing safe and healthy living to all.
c.       Furnish proper notice to individuals for changes in the structures of individual houses as required
d.      A follow up on the changes should be done
e.      Seal the property instead of bringing it down.
f.        In case nothing as above can not be done , It is more sensible to create a centrally controlled database system to make sure that no person gets facilities as per section B above.

The illegal Mega Structures

A recently published news by Times of India said Pune Municipal Corporation razed 900 building and spent 2 crore of taxpayer’s money to execute this demolition

Few Facts

Ø  There are 78 million homeless in India
Ø  There is a current shortage of 3 million houses
Ø  Millions of children still study under trees and open areas
Ø  Millions of Old Age / Elderly require old age homes
Ø  Millions of Unemployed youths can not start any business as they can not afford real estate.
With such scarcity of houses across India and so called illegal building and colonies being razed , is it not good to put these properties for a good use  as PUNISHMENT to the owners of the property instead of razing these building.

Few Major Losses after razing of an illegal building

Ø  The building as well as plot is devastated
Ø  Millions of money invested goes to zero
Ø  Property can not be used until reconstruction

The Way Forward

It’s the time now when the various civic and other government bodies which are involved in such illegal activities to start using there grey matter’s and utilize these building in form of old age homes, low cost housing , schools, hospitals , government offices , instead of demolishing and making them useless.