Fighting Back

  • Abhishek Behl / FG
  • India
  • Jul 11, 2014

 

 


After much hard work the Parsvnath Exotica RWA has managed to convince the Gurgaon Court to extend the stay on any construction activities within the Complex, as they contended that new towers and shops, which were being built, were not part of the sanctioned plan. The RWA told the Gurgaon Court that the specified  commercial shops were not approved by the Department of Town and Country Planning (DTCP) in the original plan; and even if the Plan was changed later, no approval was sought from the apartment owners - as is required by the Haryana Apartment Owners Act 1983. July 28 has been fixed as the next date for a hearing. The residents assert that they are ready to take the fight to the highest court, to ensure their rights are not trampled on. Pooja Aganpal, Legal Counsel of the Exotica RWA, asserts, “We do not know about the status of the sanctioned plan; but even if the changes were made, these should have been approved by the residents”, she says. She refers to a High Court decision, which has ruled that even the DG, DTCP cannot change the original sanctioned plan without the consent of the residents.

The Exotica apartment complex on Golf Course Road, was launched in 2005, and the developer, Parsvnath, promised delivery within 3 years. However, even after 8 years the project is not complete, claim the residents. Amit Bansal, President of the RWA, says that the residents are also hassled by the recent plan of the builder to deliver ‘bare-shell’ flats to the owners. “Some of the buyers have been asked to accept a payment of Rs 7.5 lakhs, and then take the responsibility of finishing the kitchens and bathrooms themselves,” he says. The RWA has opposed this ‘offer’, as it violates the Sales Agreement - which had promised finished apartments to the owners. Advocate Aganpal raises an important point regarding the reduction in the percentage of ‘interest’ in common areas and facilities of the original buyers if the new towers are allowed to be constructed on a piece of land where (only) a specific number of apartments were promised. “The percentage of interest would be altered, which is not permissible under the Act. As per Section 6(2) of the Haryana Apartment Owners Act 1983, the common areas and facilities bear a permanent character, which cannot be altered without the consent of the owners,” she asserts. In fact, as per the High Court order, even the investors in an apartment complex have a right to be ‘consented’, before an alteration in the sanctioned plan can be undertaken. The residents further complain that when the project was launched, Towers D4, D5 and D6 were within the same Complex, but now these buildings have come up on an adjacent plot of land - which is connected through a revenue road of Saraswati Kunj (colony). The residents of these towers will have to come all the way to the main complex to avail the common facilities, says Bansal. It was only after they filed a case in the Gurgaon Court that the RWA members found out about the details of the (original) building plan. Gaurav Puri, a resident of the Complex, says that the club is not fully functional, despite promises being made every month. Only one lift has been made operational. The swimming pools, and a hall that would have served for community functions, have also not been completed. Puri adds that Exotica, as planned, had a great layout and was well located, but due to the average quality of construction and the lack of maintenance, its ‘standard’ has come down considerably. “We came here to live because we were promised (verbally and through a brochure) green spaces, 16 water bodies, gazebos and several other things that have just not materialised”, he says. Bansal says that the apartment complex requires a 7,500 KV back up generator, but the builder has only provided for a 2,200 KV power back up. By ‘deliberately’ opting for a power load of less than 5,000KV, the builder is not ‘obligated’ to set up a power sub-station in the Complex. The RWA general secretary Ajay Puri says that a convenience shopping complex, which was meant for the residents, has been sold to a car dealer. A gas pipe vendor has not completed his work because of non-payment of his dues, and so three towers in the Complex cannot be supplied piped LPG gas. He further states that the primary goal of the RWA is to secure the rights of the residents, so that their interest in the common areas and facilities is not altered. RWA president Bansal says they want the builder to handover the Interest Free Maintenance Security (IFMS), which amounts to almost Rs. 8 crores – it has not been returned, despite promises by the builder to do so. "If this money is returned we can reduce the cost of maintenance and also carry out some additional development work, such as improving the greenery and the parks," he says. Advocate Pooja Aganpal says that their main contention is that the original owners should not be shortchanged, and the builder should deliver on its promises. “We simply cannot accept ad hoc and unilateral changes in plans that significantly affect the lives of owners,” she asserts.


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