NOTORIOUS builder Vikas Oberoi, Managing Director of Oberoi Realty has once again taken the route of cheating to make money by generating FSI out of thin air.
The Oberoi Splendor project at J.V.L.R at Andheri east has no FSI available to build the two new building PRISMA and MAXIMA rumoured to be of about 6 lakhs sq feet of saleable area.
The Oberoi Splendor Flat owners have already approached the High Court by way of a Writ petition, since BMC seems to support the builder totally ignoring the discrepancies brought to their notice by flat owners.
Remember, FSI permissible in suburbs in 1.00 and TDR potential is permissible with total cap of 2.0.
The Oberoi Splendor Flats are 14.3 lakh sq feet in built up area on a developable plot of 7.5 lakh sq feet, with FSI restricted to 2 in suburbs, it’s impossible to add another 6 lakhs sq feet!
As per rule any additional FSI potential is deemed to be for use by the flat purchasers whether or not Builder forms flat owners association (society/condominium/company) and conveys (transfers) land as per the Maharashtra Ownership of Flat Act (MOFA) to this association. This act takes precedence over BMC laws.
The flat owners of Oberoi Splendor are owners of about 7 lakh sq feet of the plot and any additional FSI granted by the government will not belong to the Builder, who has a plot area remaining to develop of only half a lakh Sq feet.
Therefore the buyers in the new building for which the builder is making pre-booking must be very careful, else they may end up like Campa Cola owners, knowingly buying a flat which is built on FSI generated out of thin air.
ABI has earlier reported that an FIR is registered against Vikas Oberoi for cheating flat owners of built up area, carpet area, construction beyond approved plans, misappropriation of flat owners money, forcefully taking signatures on society formation papers and not returning them to flat owners, forging the application for society formation, violation under MOFA for not providing proper agreement clauses, not performing his obligatory duties, not forming society in time and not conveying the land in favour of flat owners since 2009.
The Flat owners also complained to the Legal Metrology Organisation, Maharashtra for smaller flats and after measurements flats were found to be smaller than what is agreed in agreement and further it is not built as per the agreement and BMC plan. The legal Metrology will take independent action on these matters.
The Notorious builder is now giving veiled threats to flat owners that he will stop services to them if they do not accept his terms and conditions soon. This is to play on the psyche of the flat purchasers who get frightened quickly and thus it creates rift amongst flatowners to builder’s advantage.
A flat owner said “Who would trust such a builder who uses his money power to arm twist poor flat owners who book flat hoping that they will not be cheated by big builder. Everyone buying Oberoi Property must ensure that they don’t get into this web, since when you get free you will be stripped of all your rights”
A case of criminal cheating registered by some flat buyers for selling their flats to third parties is already in advanced stage at Borivali Magistrate court. Morever the same builder is accused of forging stamp papers to ensure he wins and makes money at all cost.
(Mohit Bhardwaj is a resident of Oberoi Splendor at Jogeshwari and writing especially for ABI as first person account).