Society appoints blacklisted builder for redevelopment

Akela

THIS might be a little difficult but you will have to believe that the Managing Committee of Refinery View Co-operative Housing Society Limited (RVCHSL) in Chembur has appointed a blacklisted builder for the redevelopment work of in the society. It is also found that the Managing Committee of the society is illegal.

The RVCHSL is located at Plot No. 62/63, Maroli Church Road, R C Marg, Chembur; it is stretched on a land of One acre including 5 buildings, 77 flats and 2 shops. 40-year-old this building’s current market valuation of the land is around Rs. 150 Crores.

In February 2011, the society decided to redevelop the buildings and floated tenders for it. On February 2, 2011 the committee received 9 tenders among which was Patel Engineering Ltd (PEL) and it was chosen by the committee for the further process. On August 15, 2011, PEL sent a Development Agreement (DA) to the Society. Few of the society members were shocked to the DA prepared in the name of Patel Realty and not Patel Engineering. One of the members from the committee Shiv Shankar Damani was suspicious about it so read the DA very carefully and found out that more than 30 points were differing the tender norms.

Damani appreciates the development moves taken by the society and said; “No doubt society committee has taken good step of redevelopment. But there is no transparency in entire process”.

Damani and other members like Shakit Bahal, Raspal Singh, Vinod Sukhwani, Vimla Devi, Kulwant Singh Sahani, Anil Sen and N L Gupta tried to inform about irregularities and document’s forgery done by the  developers to other committee members but all went in vain. Helpless, Damani had to resign from the post of Society’s treasurer on April 1, 2012 and later Ranjana Singh another member of the committee also resigned. After these two resignations, the society got divided in parts, one favouring the PEL and the other one opposing it. The committee immediately appointed people replacing Damani and Singh. Damani and others approached the Deputy Registrar and on July 25, 2013 Deputy Registrar announced that the committee is illegal and suggested that necessary action to be taken against it. The additional registrar Dr P L Khandagale, Pune also announced that the present committee is illegal and have violated the rule sec 129 of MSC act 1960.

The committee members were thrilled to know that Patel Engineering Ltd. (PEL) was blacklisted by the Supreme Court (Copy available with ABI) as well as the Brihanmumbai Municipal Corporation (BMC). The members opposing the committee complained to several government authorities including Deputy Registrar-M-Ward Konkan Bhavan, CBD, Belapur, Navi Mumbai, additional registrar (cooperative societies), Pune, Chief Secretary, Maharashtra Government, Urban Development, BMC commissioner, Chief Engineer (building proposal) in BMC.

“We are running from pillar to post for action against the black listed builder and illegal committee but no action have been taken till date,” said Shakti Bahal, another member of the society.

Society members alleged that the DA has been tainted, doctored, tempered and altered. The benefit of extra area of 25% is swallowed and siphoned by the violators.

When contacted Sukhvinder Sanbi, secretary of RVCHSL, he said, “all allegations are false. The opposing members are agent by professions. The actual cost of flat is Rs 1 crore and they are demanding Rs 2 crore to leave the society. We held an AGM and members universally approved the project. The builder Patel engineering Ltd is reputed builder. On his clear image the central government has allotted him Rs 9,000 crore works in Jammu and Kashmir.”

Brief facts of the violations of the norms:

1. No survey of flat area was carried out before signing and registering the DA.
2. Society plot area measurement, flat carpet area and plot area are not certified by society’s architect and advocate.
3. On April 1, 2012 after the resignation of two members were co-opted. So there are four co-opted members in seven members committee.
4. Aggrieved members who were opposing the black listed builder were declared as anti-social ailments. Complaint in RCF police station.
5. Financial fraud and area fraud on fungible FSI.
6. Free fungible FSI 35% totally is missing in the registered DA. This area is siphoned and swallowed by the builder. This is against the state laws and BMC notification and directives under DCR rule 2012.
7. The plan approved on January 18, 2014, shows the number of tenants as 81. In the plan details as per DA there are 77 flats and two shops.
8. In the plan for individuals flat area the grand total area is 53225 sq fit but in the plan area is 56310 sq fit.
9. In society plot area in DA is 4425 and 4419 sq meters. In the plan dated January 18, 2014 is 3972 sq meters.
10. No architect has been appointed for the redevelopment project.
11. No GBM held to discuss the DA.
12. No feasibility report on the society plan has been sent to society members.
13. No advocate represents the remaining society members.
14. No certified copy on the process of redevelopment by PMC, advocate and architect arbitrator and MC.
15. There is total breach of faith and trust.