KULDEEP KUMAR KOHLI
PRESIDENT
LA LAGUNE APARTMENT OWNERS ASSOCIATION
MINUS ONE BASEMENT
J BLOCK, LA LAGUNE COMPLEX
SECTOR 54, GURGAON,
HARYANA
TEL: 0124- 4987778
30.7.2016
Shri
P Raghavendra Rao, IAS
Additional Chief Secretary
to Govt. Haryana, Town &
Country Planning Haryana,
New Secretariat Building
Room No. 622, 6th Floor,
Sector-17,
Chandigarh
12 major issues which require immediate resolution and settlement
and all these issues have been intentionally delayed by ABW SUNCITY with the
sole intention of depriving the flat owners of their hard earned property and
the facilities so assured at the time of booking and showing the sample flats.
We have been given to
understand that your good self would be holding a meeting with the aggrieved
allottees/owners for the redressal of their grievances sometimes in the month
of August 2016.
We have been
perpetually harassed by the builder M/s ABW ABW-Suncity (Partnership firm Between ABW
and Suncity Groups), Suncity Projects (P) Ltd, Suncity Business Tower, Second
Floor, Suncity Business Tower, Golf Course Road, Sector 54, Gurgaon, Haryana and even after having spent almost 36 months and several rounds of meetings we are
yet to be given the justice.
There are 12 major issues which require immediate resolution and
settlement and all these issues have been intentionally delayed by ABW SUNCITY
with the sole intention of depriving the flat owners of their hard earned
property and the facilities so assured at the time of booking and showing the
sample flats.
Those issues are attached
together with the details in Annexure I to XII.
We shall
be extremely grateful if LLAOA, which has been deprived of so many facilities
by the Builder, is given the necessary relief and hence looks forward to an
immediate and adequate resolution of the issues and the instructions to the ABW
SUNCITY to resolve all the issues in next four weeks or the LLAOA may kindly be
compensated as per the details given above so that the deficiencies could be
completed on priority
Thanking
you
Yours faithfully
For La Lagune Apartment Owners Association
(KULDEEP
KUMAR KOHLI)
PRESIDENT
Shri T L Satyaprakash,
IAS,
Deputy Commissioner and
Chairman,
Allottees Grievances
Redressal Forum,
1st Floor,
Mini Secretariat,
Rajiv Chowk,
Gurgaon - 122001
1st Floor,
Mini Secretariat,
Rajiv Chowk,
Gurgaon - 122001
Shri
Arun Kumar Gupta, IAS
Director General
Town & Country Planning Haryana,
SCO 71-75, II Floor,
Sec.17C,
Chandigarh-160017
Shri
Dilbag Singh Sihag,
Chief Town Planner,
of Town & Country Planning, Haryana,
SCO 71-75, Sec.17C,
Chandigarh-160017
Shri
D.N Nimbokar
Senior Town Planner- Enforcement,
of Town & Country Planning, Haryana,
SCO 71-75, Sec.17C,
Chandigarh-160017
Sh.
Yusuf Mohammad Mansuri
Senior Town Planner, Gurgaon
Deptt. of Town & Country Planning,
Haryana,
HUDA Complex,
Third Floor,
Sector-14,
Gurgaon.
District
Town Planner - Enf.
Gurgaon
Deptt. of Town & Country Planning,
Haryana,
HUDA Complex,
Third Floor,
Sector-14,
Gurgaon.
Shri
Mohan Singh
District
Town Planner,
Gurgaon
Deptt. of Town & Country Planning,
Haryana,
HUDA Complex,
Ground Floor,
Sector-14,
Gurgaon.
Shri
R.S Batth
Assistant
Town Planner,
Gurgaon
Deptt. of Town & Country Planning,
Haryana,
HUDA Complex,
Ground Floor,
Sector-14,
Gurgaon.
12 MAJOR ISSUES WHICH REQUIRE IMMEDIATE RESOLUTION AND
SETTLEMENT FROM ABW SUNCITY
S.NO.
|
PARTICULARS
|
VALUE
|
REMARKS
|
1
|
Handing over of the Control
and maintenance of the entire common areas of the La Lagune complex
consisting of 318 dwelling units, 58 dwelling units of EWS, community
building, convenient shopping 11 shops including all machineries, equipment
and fixed assets and transfer of the control of assets and the maintenance
services and facilities to La Lagune Apartment Owners Association is pending
for a long time and should be done immediately as till now only maintenance
has been given so far without any documentation and hence the role performed
by us that of a maintenance agency only so far.
|
All documents, connected
with the property, operations, finance and legal, approvals, to be
handed over as per the list annexed
|
Complete details of the
documents required as per Annexure 1
|
2
|
Signing of the Handover
Takeover Agreement with La Lagune Apartment Owners Association for handing
over the control and administration of the complex and the machinery is
pending for last almost one year in spite of the La Lagune Apartment Owners
having been formed.
|
The handover and takeover
agreement should be signed immediately
|
Annexure II
|
3
|
Refund of Rs. 2 lakhs with interest collected
from every owner towards providing a club with all modern facilities
including a bar and a restaurant making a total of Rs. 6.18 Crores plus
interest since April 2013 till date @ Rs. 18 percent per annum amounting to
Rs. 10,15,39,378.00 should be made immediately.
|
Rs. 10.15 Crores
|
Annexure III
|
4
|
Completion of the entire
comprehensive snag list finalised mutually in consultation with the
representatives of ABW SUNCITY is pending for a very long time and hence the
money in lieu thereof amounting to Rs.1, 30, 94,500.00 as per the details
provided in the Annexure may kindly be given as was agreed upon enabling
complete the complex
|
Rs. 1, 30, 94, 500.00
|
Annexure IV
|
5
|
Refund of the Interest
Bearing Maintenance Security collected by you from the owners @ Rs. 100 per
sq. ft. amounting to Rupees 11 Crores plus interest accrued @ 18% with effect
from 1.4.2013 till 31.3.2016 amounting to Rs. 18,07,33,520.00 minus Rs.
5,50,00,000.00 already paid leaving a balance of Rs. 12,57,35,520.009 as per
the details provided in the Annexure should be given to the La Lagune
Apartment Owners’ Association immediately
|
Rs. (12,57,35,520
Rupees Twelve Crores fifty
seven lakhs thirty five thousand five hundred and twenty only)
|
Annexure V
|
6
|
Non Fulfilment of the
promises as made at the time of selling through the brochure and the
agreement of sale signed with the apartment owners and the same having not
been met even after three years of handing over the flat. A detailed list of the facilities assured
but not provided is enclosed herewith as
Annexure VI. The total cost of the work has been calculated at Rs. 8,
06, 42,000.00 as per the annexure
attached. A brochure provided at the time of selling the flat is also
enclosed herewith as an evidence of what was assured to us as Annexure VIA
|
Rs. 8,06,
42,000.00
(Rs. eight crore six lakhs
forty two thousand only)
|
Annexure VI and Annexure VIA
|
7
|
Illegal construction in Tower
K and M - Stilt Area has resulted in our common undivided area being reduced
and shared by those who have occupied the illegal construction. This loss needs to be compensated on the
basis of the value of loss at the present price of the land to be
calculated. A copy of the report
obtained under RTI confirming the illegal construction is enclosed herewith.
|
Annexure VII
|
|
8
|
Continuous
shattering and falling of large
facade glass panes in all Towers has been a perpetual cause of concern for
the last three years. In spite of the Ld. Dy. Commissioner as Chairman of
ARGF ordering that the glasses need to be replaced, it has not been done by
ABW SUNCITY. Replacement of broken façade glasses, to diagnose the reason for
frequent breakages and an assurance from ABW- SUNCITY that the glasses would
be replaced throughout the life of the buildings within 15 days supported by
a bang guarantee of Rs. 2 crores are the immediate relief required by us
|
Bank guarantee of Rs. 2
Crores (Rupees two crores)
|
Annexure VIII
|
9
|
Extensive and constantly spreading seepage from
expansion joints, pipes and almost every shaft has been a perpetual problem
for last three years resulting in perennial flow of water in the basement and
the walls getting spoiled. This has to be repaired on priority and the cost
involved is Rs. 16,25,000.00 and hence the amount should be paid to us immediately
|
Rs. 16,25,000.00 (Rupees
sixteen lakhs and twenty five thousand only)
|
Annexure IX
|
10
|
Providing of
Solar Water Heating Systems is a legal requirement and hence has to be
completed in every block of La Lagune which unfortunately are not working
from day one. This is resulting in huge loss of electricity which is being
paid by the residents. This has to be repaired at a cost of Rs. 43, 00,000.00
and hence this amount is required to be paid immediately to the La Lagune
Apartment Owners’ Association.
|
Rs. 43,00,000.00 (Rupees
forty three lakhs)
|
Annexure X
|
11
|
An Area of 40.48/40.48 meters length
and 26.70/10.56 meters breadth has not handed over to us as yet - area
adjoining Vatika Commercial Building. The Officers of the Town & Country
Planning had demarcated the area and the orders were passed by the committee
of ARGF headed by Dy. Commissioner to hand over this area to La Lagune
Apartment Owners Association. Builder may kindly be advised to hand it over
to us immediately.
|
The value of this property is
approximately Rs. 100 Crores ( Rupees one hundred Crores)
|
Annexure XI
|
12
|
As per Annexure V of the sale
deed entered into with the flat owners you have excluded the Terrace from the
scope of this sale deed. This may not
give the owners individually to own
the terrace but we wish to be clearly mention that the terrace right and
title shall be with the La Lagune Apartment Owners Association and ABW
SUNCITY shall have no right to enter our complex and have any right on the
terrace.
|
An undertaking from the
Builder that they shall not enter our complex and have no right over the
terrace
|
Annexure XII
|
ANNEXURE I
HANDING OVER OF THE CONTROL AND MAINTENANCE OF THE
ENTIRE COMMON AREAS OF THE LA LAGUNE COMPLEX by ABW SUNCITY (DEVELOPER) TO LA LAGUNE APARTMENT OWNERS ASSOCIATION
(LLAOA)
After
execution of sale deeds in respect of the Apartments situated in the LA LAGUNE
COMPLEX, ABW SUNCITY as a Developer executed a Tripartite Maintenance
Agreement with each Apartment / Shop Owner AND WITH La Lagune Maintenance
Private Ltd. (LLMPA) an agency supported by ABW SUNCITY under the terms of which it was agreed that
LLMPL shall be the agency - who shall be responsible for providing the
maintenance services in the said Complex, which maintenance services include
Common Area Maintenance, Operation and Maintenance of equipment's, Operation and Maintenance of Basement, insurance of equipment's, super structure of buildings,
and any other services as may be required on payment of such maintenance
charges charged by LLMPL;
That as
per clause 3(i) of the said Agreement, it was inter-alia agreed that ABW
SUNCITY ( Developer) shall be entitled
to hand over the common areas of entire La Lagune complex consisting of building Blocks A,B,C,D,E,F,G,
H,J, K,M (318 dwelling units), EWS (58 dwelling units), Club / Community
Building, Convenient Shopping (11 Shops) within the La Lagune complex including
all machineries, equipment and fixed assets and transfer the maintenance
services and facilities to an Association of Apartment Owners after termination
of its Agreement with LLMPL and the Apartment Owner shall deal directly with
the said Association as the successor of LLMPL, who shall take over all the
rights, duties and liabilities of LLMPL and shall carry out all the functions
being carried out by LLMPL;
That the owners then formed an Association by the name of La Lagune
Apartment Owners’ Association (LLAOA) and the LLAOA right from the beginning,
initially, as an Adhoc body and subsequently on registration
as an association under the name & style of “La Lagune Apartment Owners
Association”, as a Society registered under the provisions of Haryana
Registration & Regulation of Societies Act 2012 and the rules framed
thereunder [vide registration no. HR 018-01637] had been pursuing with the ABW
SUNCITY (Developer) for completion of the Snag List and this process was a
continuous process for almost last 30 months.
In August 2015, after much persuasion and follow up, ABW-Suncity
permitted LLAOA to undertake the day-to-day maintenance of the complex. It was
decided that the control and administration of the entire complex with Assets
would be handed over to us together with the entire IBMS but unfortunately the
same has not been done till date with proper documentation . This requires to
be done immediately.
ANNEXURE II
SIGNING OF AGREEMENT FOR HANDING OVER THE
CONTROL OF THE COMPLEX WITH ALL DOCUMENTATION BETWEEN ABW SUNCITY (DEVELOPER)
AND LA LAGUNE APARTMENT OWNERS’ASSOCIATION (LLAOA)
An agreement to handover the complex between ABW SUNCITY (DEVELOPER) AND LA LAGUNE APARTMENT OWNERS’ASSOCIATION
(LLAOA) is yet to be signed. Till
the time the agreement is signed for the handing over the control
and administration of the complex together with all other documents connected
with the property, operations, finance and legal, the detailed list of assets and
till the time the entire piece of land measuring 11.3248 on which the complex
is situated is handed over to us, the
responsibility of meeting all legal obligations in respect of the assets and
the approvals from the different government authorities as per the laws of the
Government of Haryana and the
responsibility of the repair, upkeep, safety and maintenance of common assets
of the complex remains entirely with ABW-Suncity and LLAOA is only simply maintaining the complex on day
to day basis more like a maintenance agency as was being done by La Lagune Maintenance Private
Ltd. (LLMPA) an agency supported by ABW SUNCITY .
You will appreciate that without a legal document transferring ownership
of the complex, the insurance, AMC contracts, safety certifications, power
connection, etc. which are still in the name of ABW-Suncity, it will not be
possible for us to make the necessary applications for getting the necessary
statutory compliances completed. Also essential documents as per a very
detailed list marked as enclosure A,
have not been provided to LLAOA. Despite being seriously handicapped
because of all this, LLAOA has been running the complex to the best of its
ability.
ANNEXURE
III
REFUND OF RS 2 LAKHS WITH INTEREST COLLECTED
FROM EVERY OWNER TOWARDS PROVIDING A CLUB WITH ALL MODERN FACILITIES INCLUDING
A BAR AND A RESTAURANT BY ABW SUNCITY BUT NOT PROVIDED AND HENCE NDOT HANDED
OVER TO LA LAGUNE APARTMENT OWNERS’
ASSOCIATION
In the brochure
given to the prospective buyers, ABW
SUNCITY (DEVELOPER) had promised a club with all modern facilities, including a
bar and restaurant. In fact, ABW-Suncity has charged a sum of Rs.2 lakhs
(Rupees two lakh) from each apartment buyer to provide this. It is noted that
no club has been provided with these promised facilities, so ABW-Suncity needs
to immediately refund to each owner Rs 2 Lakhs plus interest accrued from the
date of deposit towards the membership charges of the club. Leaving nine
apartment of the Developer and his family a sum of Rs. 2 lacs plus interest has
to be paid back to all the individuals from the date of collecting the money
and hence in all a sum of Rs. 6.18 Crore plus interest amounting to Rs. 10,15,39,378.00 is payable to the flat owners. Detailed
calculations of the total amount due are enclosed herewith for your ready
reference. This amount has to be returned to each owner with interest and the
same may kindly be done immediately.
ANNEXURE
IV
BUILDING AND CONSTRUCTION DEFICIENCIES COMPLETION
OF THE ENTIRE COMPREHENSIVE SNAG LIST FINALISED MUTUALLY IN CONSULTATION WITH
THE REPRESENTATIVES OF ABW SUNCITY BY LA LAGUNE APARTMENT OWNERS’ ASSOCIATION
OR ABW SUNCITY TO PAY THE MONEY IN LIEU
THEREOF.
That Carrying out a thorough snag list on a
newly built property is vitally important to ensure that the flat owners
receive an acceptable quality of finish, making sure that the flat owners do
not have a multitude of problems and irritations after the flat owner moves in
and hence it’s a herculean task more so when your builder keeps promising but
does not complete the work.
The Snag List ensures
that the builder carries out his obligations to the flat owners by completing
the complex and the house properly, after all, why should the flat owner have
to go to the hassle and expense of carrying out repairs himself when he has
paid the builder a small fortune to finish the house correctly in the first
place.
Despite the LLLAOA
following up with ABW-Suncity initially as an Adhoc body and subsequently as a
registered RWA on regular basis on the
deficiencies in the construction of the building through meetings and in spite
of repeated assurances by ABW SUNCITY and its officials, a large part of the
problems still remain unresolved. The few issues that have been rectified by
ABW-Suncity have been done in a slipshod manner. For instance, in just 2-3
months after the exterior plaster patchwork and repainting, large chunks of
plaster have starting coming loose from the bricks and falling off. Photographs of the same have been regularly
provided to ABW SUNCITY.
LLAOA has repeatedly raised concerns relating to the complex with
ABW-Suncity. After much discussions, Mr. Varun Agarwal and Mr. Sanjay Jain who
represented ABW-Suncity, agreed to a Snag list that was prepared by a joint
inspection. A copy of the snag list is enclosed herewith as Annexure IV.
As LLAOA members are not construction experts, they have listed out the
items that are evident. New, and no less serious, shortcomings are constantly
being discovered, which are being added to the snag list from time to time.
LLAOA prepared a fully
comprehensive Snag list of the items, in consultation with the representatives
of the Developer, which the Developer has not completed correctly In fact the
works so mentioned in the Snag List were required to be attended by the ABW
SUNCITY (Developer) prior to close of the sale deed but not having done so, it
was the responsibility of the LLAOA to get the work completed as per the Snag
list.
In view of ABW SUNCITY \ having refused to rectify the defect as
mentioned in the Snag List LLAOA has now prepared a list of the deficiencies
pending together with the cost that would be incurred in rectifying the same. ABW SUNCITY is requested to kindly reimburse
the amount to LLAOA immediately enabling us to get the same repaired and
provide the residents what is due to them.
As mentioned
before, LLAOA members are not construction experts. Going by estimates based on
the industry standards, provided by various vendors consulted on deficiency
list, the repair is estimated to Rs.1, 30, 94,500.00 as
per the details provided in the annexure attached. ABW-Suncity is requested to get everything
rectified as per industry standards or pay LLAOA as agreed, the amount required
to get repairs undertaken on its own. ABW
SUNCITY has repeatedly committed that in case they are unable to get this done
LLAOA would be paid the amount to undertake the repairs. The said amount may kindly be paid to us.
ANNEXURE
V
REFUND OF THE INTEREST BEARING MAINTENANCE SECURITY
COLLECTED BY ABW SUNCITY FROM THE OWNERS @ RS. 100 PER SQUARE FOOT TO THE LA
LAGUNE APARTMENT OWNERS ASSOCIATION
ABW-Suncity has collected a total of Rs. 11.00 crores from the apartment
owners as IBMS. Out of this amount, ABW-Suncity has handed over a sum of Rs.6
crores as per details below;
i. Rs. 1 crore vide cheque No 280439
dated 06.11.2015 drawn on Union
Bank
ii. Rs. 4.5 crores vide cheque No 001551 dated
drawn on HDFC Bank
After adjusting the aforesaid amount of Rs.5.5 crores, ABW-Suncity still
owes LLAOA a balance of Rs 18, 07,33,520.00 minus Rs. 5,50,00,000.00 = Rs.
12,57,35,520.00 as per detailed calculations given in the sheet attached. This interest amount has been calculated % 18%
per annum from 2013-2014. The interest
has been taken at 18% as ABW SUNCITY have utilised this amount for your
business and not kept in a separate IBMS account. ABW SUNCITY is requested hand
over this amount immediately to LLAOA together with interest. ABW SUNCITY is
also requested to give a statement showing the accrued interest in respect of
each apartment owner? ABW SUNCITY has
been requested for this repeatedly by LLAOA but unfortunately no respect to the
requests has been shown and the details not provided to LLAOA.
ANNEXURE
VI
UNFULFILLMENT OF THE ASSURANCESA
AS COMMITTED IN THE BROCHURE AND THE AGREEMENT OF SALE SIGNED WITH THE
APARTMENT OWNERS AND THE SAME HAVE NOT BEEN MET EVEN AFTER THREE YEARS OF
HANDING OVER THE FLAT LLAOA REUQUESTZS ABW SUNCITY TO COMPENSATE FOR THE SAME.
ABW SUNCITY
(DEVELOPER) as a developer of the La Lagune Complex had made numerous promises
in the brochure and agreements of sale signed with the apartment owners. Many
of these promises have not been honoured till date. Much of this is also
corroborated by the details mentioned in the Declaration Deed. We are listing
below some of the key promises that remain unmet till date:
(i) OUTDOOR OPEN AIR AMPHI THEATRE
LLAOA wishes to draw your kind attention to the brochure of ABW SUNCITY
(DEVELOPER) provided at the time of sale of the flats at La Lagune
complex. As per the said brochure, copy of the same is attached ABW
SUNCITY had offered outdoor open air Amphi theatre to be provided in the
complex.
As LLAOA
understands from the concerned, as per the modern usage, an amphitheatre is a circular, semi-circular or curved,
acoustically vibrant performance space, particularly one located outdoors.
Contemporary amphitheatres often include standing structures, called bandshells, sometimes curved or bowl-shaped, both
behind the stage and behind the audience, creating an area which echoes or
amplifies sound, making the amphitheatre ideal for musical or theatrical
performances. ABW SUNCITY has not provided any Amphi Theatre. The Amphi Theatre so provided by
ABW SUNCITY, in LA LAGUNE HIGH END LUXURY APARTMENTS, do not cover any of the
features so required for a modern Amphi theatre as claimed by ABW SUNCITY in
their said brochure. What ABW SUNCITY has provided is a small
elevated platform of six inches height and nothing beyond that.
Hence ABW SUNCITY needs to either provide
us the Amphi theatre or pay us a sum of Rs 35.00 lakhs (Rupees thirty five
lakhs) towards the cost of the Amphi theatre as per the industry standards.
(ii) MINI CLUB
CINEPLEX
The definition of Cineplex as per various
dictionaries is:
WEBSTER
DICTIONARY
Cineplex is – used for a movie theatre
containing several auditoriums in one building
DICTIONARY.COM
The meaning of Cineplex is a complex of
movie theatres; a multiplex of separate cinema screen
OXFORD DICTIONARY
As per the oxford dictionary Cineplex means
a cinema with several separate screens; a multiplex.
ABW SUNCITY had to provide a mini club
Cineplex in the La Lagune complex but unfortunately nothing has been provided
to us in the name of Cineplex.
ABW SUNCITY should appreciate that it is
absolutely obligatory upon them to provide the owners of a flat at La Lagune
complex what was offered to us at the time of selling the flats in the La
Lagune complex. Since the above facility has not been provided, the
residents have been deprived of a very important facility for which the
residents have paid to you.
LLAOA therefore, is entitled for a
compensation of Rs. 350 lakhs being the cost of a new closed Mini Air
conditioned Cineplex with 2 screens minimum.
(iii) BENCHES IN THE COMPLEX
ABW SUNCITY had assured benches as per their
Brochure at the LA LAGUNE complex wherein ABW SUNCITY had promised benches in
the entire complex and that in reality there is not even one bench in the
complex. ABW SUNCITY has been reminded by LAAOA many times but no bench has been
provided.
Providing of benches at different places in the
complex in different numbers say single benches at some places, two at few
other and three and four at some other places would facilitate all the Ladies
and the elderly people and even youngsters when they are out in the open area
for walks.
LLAOA has repeatedly requested that in all not more
than 12 benches on each side would be required which means 24 benches in all.
LLAOA understands from the industry that the cost of
each bench is not more than Rs. 8000.00 and hence the total cost for 24 benches
would not be more Rs. 1.92 lakhs. This facility would not only help ABW
SUNCITY in fulfilling their commitment
as per their Brochure but would also be
of great benefit to the residents and the elderly people of LLAOA who need to rest while walking.
(iv) LPG/GAS PIPELINE PROVISION
LLAOA learnt that
Persistence, Perseverance, Patience and Politeness pays in life. LLAOA
has therefore been following this policy with ABW SUNCITY with the hope that ABW SUNCITY would
kindly give an audience on all the issues of LLAOA and take necessary action as on yesterday
basis. More or less every owner has been enquiring about the LPG/Gas Pipeline
provision. This has not been provided to any of the flat owners OF LLAOA till
date.
LLAOA understands
Haryana City Gas has already got permission from HUDA for laying the. They
would be laying the Pipeline for Gas at Golf Course Road covering La Lagune
complex as well.
Members of LLAOA
in La Lagune complex would not be able to enjoy this as no gas pipeline has
been provided by ABW SUNCITY as a Developer to the various flats.
LLAOA attached a
copy of ABW SUNCITY Brochure and against the Features in the brochure ABW
SUNCITY has written in no uncertain terms that LPG/Gas pipeline provision only.
This implies that the LPG/Gas pipeline provision had to be done by ABY SUNCITY.
Unfortunately there is no such provision made by ABW SUNCITY so far.
Necessary
enquiries from Haryana City Gas Ltd. reveal that the cost for providing Gas
Pipeline in each flat would be approximately Rs. 23000.00 plus minus. LLAOA
therefore requests to pay a sum of Rs. 318 flats x Rs. 23000.00 = Rs. 79,
50,000.00 hence LLAOA requests ABW SUNCITY to pay this amount to LLAOA.
(v) OVERLOOKING EYE CATCHING LANDSCAPING AND
WATER BORDIES
The owners
of flats of LLAOA are yet to see any water body as has been shown by ABW
SUNCITY in their Brochure.
Now since
the usage of the area which was being used behind J Block by ABW SUNCITY has
been stopped, it would be an excellent idea to create at least some water
bodies in that area as was assured to the owners in the Brochure. In fact the
entire area has to be done up and hence the process may kindly be initiated by
ABW SUNCITY as soon as possible. Alternatively LLAOA can develop the area at
your cost and the cost would be around Rs. 60 lakhs.
(vi) OPEN GROUND FLOOR WITH
PEDESTRIAN PATHWAYS AND JOGGING TRACKS ALL ALONG THE COMPLEX
LLAOA is
yet to see an inch of Jogging Track in the entire complex whereas as per the
brochure of ABW SUNCITY the owners were assured as Jogging Track all along the
complex. LLAOA would need to get it done ourselves at the cost of ABW SUNCITY
cost which we understand would be Rs. 70 lakhs in the entire stretch.
(vii) KIDS CRECHE WITH TOT LOT,
PARTY AREA AND MINI CLUB
None of the
above things mentioned by ABW SUNCITY in their brochure is available in the
complex. The owners are yet to see a crèche with Tot Lot, there
is no party area and there is no Mini Club.
LLAOA is getting
the above facilities created at the cost of ABW SUNCITY which is likely to be
around Rs. 60 lakhs.
(viii) SPA
FACILITY WITH LOUNGE,
(ix)
TREATMENT ROOMS,
(x) CIGAR
LOUNGE WITH PURPOSE HALL,
(xi) SENIOR
CITIZEN LOUNGE
(xii) HEALTH CLUB FACILITY WITH
CABLE TVS, JACUZZI AND SEPARATE DANCE AND AEROBICS STUDIO
The owners
are yet to see any of the above facility.
ABW SUNCITY unfortunately in spite of the period of three years since
the time the owners have got the possession has not provided the above referred
facility.
LLAOA is
proposing to get the above facilities developed as per the industry standards
and the cost for the same amounting to Rs. 1.50 Crores will have to be borne by
ABW SUNCITY.
ANNEXURE
VII
ILLEGAL
CONSTRUCTION IN TOWER K AND M - STILT AREA - 210.62 X 2 = 421.24
SQM WITHOUT GETTING BUILDING PLAN APPROVED.
At the time of
booking of the apartments, owners of
apartments in Towers K & M were promised by ABW SUNCITY that towers would be
constructed on stilts and the ground floor would be retained as an open area
for parking (Page 42 of the Apartment Buyers Agreement executed with the
respective Owners). However, to the utter dismay of these owners, ABW-Suncity
changed the building plans without the permission of the apartment owners of
these towers and converted the open area on the ground floor (Stilts) into
apartments and made huge profits by selling the same.
The additional
apartments and area sold has resulted in a reduced proportion for all apartment
owners of the undivided share of land that belongs to the complex. These monies
have been illegally appropriated by the ABW-Suncity and must be refunded to the
respective apartment owners.
Further as a
result of this coverage space left to build lobbies has been greatly reduced in
these two blocks. The present lobbies are less than 1/3rd the
promised size and hardly any place for guards to be stationed. Moreover, the
side door on the ground floor, with is an essential safety measure, has been
done away with. This is a clear violation of the agreements with the Apartment
Owners who must be compensated suitably.
You would
notice from the said report at page 5 an area of 487.61x2= 975.22 sq.mt. has
been achieved against the sanctioned of 273.993 x 2 = 553.986 sq.mt.
Hence 210.62 x 2 = 421.24 sqm FAR has been achieved without getting building
plan approved.
ANNEXURE
VIII
REPLACEMENT
OF BROKEN FAÇADE GLASSES, DIAGNOSE THE REASON FOR FREQUENT BREAKAGES AND AN
ASSURANCE FROM ABW- SUNCITY THAT THE GLASSES WOULD BE REPLACED THROUGHOUT THE
LIFE OF THE BUILDINGS WITHIN 15 DAYS SUPPORTED BY A BANG GUARANTEE OF RS. 2
CRORES
Around 190 instances of façade glass panels
falling from different condominium Towers during the last three years; often
missing people narrowly have been noticed and brought to the knowledge of Shri
Varun Agarwal of ABW SUNCITY.
That apart from the danger to the lives of
so many residents, this is causing us major mental agony, pain and torture to
the residents as there are approximately 4000 glass planes of the size of 7
feet by 4 feet that could fall any time, from any tower. The LLAOA and the
residents have repeatedly asked the ABW SUNCITY (DEVELOPER) to kindly look into
the matter, but apart from replacing a few panes here and there, nothing more
has been done.
That the building having got the occupation
certificate in April 2013 and the glass planes continuing to fall after this is
of serious concern to all the residents and hence the ABW SUNCITY was
instructed to replace all the façade glass planes broken till date at
the complex by the Ld. Deputy Commissioner, Chairman of Allottees Redressal
Grievances Forum. ABW SUNCITY must appreciate that the existing situation is a
constant threat to life of the people residing here.
That as per the Haryana
Apartment Owners Act 1983, the owner of the flat is also the owner of the undivided
common area and being the owner of the undivided common area he has a right to
live in peace and enjoy this undivided common area. Unfortunately, the
falling of the glass panes of this huge size on such a regular basis is
resulting in acute mental agony for owners and their family members and
resulting in Injuria sine legal injury without any damage.
This implies an infringement of the legal rights of a person without any actual
loss. Loss in this case is the mental agony and torture the residents of the
complex are passing through. Since there is an infringement of the legal right of the members of
LLAOA to live in peace and enjoy this
undivided common area LLAOA have a right to sue the ABW SUNCITY for a
remedy which is available to us against the wrong doer regardless of the fact
whether any actual loss is sustained or not.
After no response from ABW-Suncity despite many appeals, members of LLAOA
took up this issue with the Allottees Grievances Redressal Forum, who have
passed an executive order that the ABW SUNCITY (Developer) must take
appropriate action to ensure safety. While a few broken glass panes have been
replaced since then, many remain broken and more keep breaking regularly. It is
not clear whether the glass panes are faulty, or the frames on which these are
attached, or both. This issue needs need immediate action to avoid any serious
accident. Though ABW SUNCITY have been replacing the glasses but
unfortunately the speed of their
replacement and the speed of falling of the glass is not matching, rather speed
of falling of the glasses is more resulting in 89 glasses still not replaced.
ABW SUNCITY is
therefore requested you to kindly get the 89 broken glasses replaced
immediately, diagnose the reason for frequent breakages and give an assurance
from ABW- SUNCITY that the glasses would be replaced throughout the life of the
buildings within 15 days of Falling supported by a bank guarantee of Rs. 2
crores as there are more than 4000 toughened glasses in the complex and the
cost of each glass and the cost of fixing comes to Rs. 5000 with labour
charges.
ANNEXURE
IX
EXTENSIVE
AND CONSTANTLY SPREADING SEEPAGE FROM EXPANSION JOINTS, PIPES AND ALMOST EVERY
SHAFT
a)
Extensive and
constantly spreading seepage from expansion joints, pipes and almost every
shaft
Over
time, LLAOA has noted three major kinds of seepages in the complex:
I.
Tower expansion joints: Every time it rains, water comes gushing down
into the stilt areas and basements from the roof. After months of following up,
some tokenistic repairs have been done by ABW-Suncity. The repaired areas have
already begun crumbling. With heavy monsoons expected this season, the
basements are likely to get flooded with rainwater. Apart from causing further
seepage, this may damage the vehicles parked in the basements, for which
ABW-Suncity will be fully responsible.
II.
Leaking pipes in the basement: With the bends and joints of the pipes not
designed and/or sealed properly, water keeps falling from various points in the
basement. As this problem seems to be across the entire area, stop-gap fixing
is just not helping, and the structure is getting damaged further with seepage
and water logging.
III.
Dripping shafts:
Water inflow and outflow pipes run from the top to the ground level of the towers
through around 16 shafts in every tower. These shafts are covered with fixed
metal louvers in every apartment. Many of the pipes inside these shafts are
dripping at various levels, and the water is accumulating at the base and
leading to seepage of the walls of almost every shaft in every tower.
Inspecting the sealed shafts and reaching the dripping points located within
various apartments is a task that needs to be undertaken by experts who will
not cause further damage.
ABW
SUNCITY has not got this repaired and hence LLAOA would be getting this done
and the cost as per industry standards for this is requested to kindly get this
repaired or approx. 50 lakhs which needs to be paid to LLAOA immediately.
ANNEXURE
X
PROVIDING SOLAR WATER HEATING SYSTEMS IN EVERY
BLOCK OF LA LAGUNE
ABW SUNCITY had to install Solar Water Heating
systems in every high rise building as per the laws of the Government of
Haryana at the La Lagune complex which had to functioning properly.
Unfortunately ABW SUNCITY did not take care of LA
LAGUNE complex and by the time it was handed over to the owners the state of
affairs of the Solar Water Heating Systems had gone so bad that none of the
systems installed on the top of each tower of La Lagune is functioning. This fact is a part of the SNAG LIST and has
been brought to the notice of ABW SUNCITY very regularly during our interaction
in last three years.
Unfortunately in spite of having brought this to the
notice of ABW SUNCITY BY LLAOA no action has been taken at all by ABW SUNCITY in
setting the systems in order.
LLAOA took
the liberty of taking some photographs of different towers in the South Block
starting from E to J and the photographs would show you the state of affairs of
each and every system in different towers and they all speak for themselves. LLAOA
has sent ABW SUNCITY 17 sets of photographs and has many more.
ABW SUNCITY has to realise that this is not only a violation of the laws of
the land laid by the Government but is also making the owners of the
apartments of La Lagune pay for
electricity towards hot water which otherwise should have been provided through
the Solar Water Heaters.
LLAOA is getting it repaired and as per the industry
standards the cost of repair would be approximately Rs. 43,00,000.00 which has
to be paid by ABW SUNCITY to LLAOA as agreed tin various meetings.
ANNEXURE
XI
AN AREA OF 40.48/40.48 METERS LENGTH AND 26.70/10.56 METERS BREADTH IN NORTH BLOCK
NOT HANDED OVER TO US AS YET - UNLAWFUL SURRENDER TO VALTIKA OWER
LLAOA sensing some inconsistencies as to the area of the property of the
complex to be handed over by ABW-Suncity approached the District Town Planner
Gurgaon and the Allottees’ Grievances Redressal Forum (constituted by the
Haryana Government) and headed by the Deputy Commissioner. Subsequent to
filing of the application, an inspection was carried out by a team from the
DTCP. Based on the said inspection, a report was submitted by the team to
District Town Planner, Gurgaon. Subsequently, another visit was made by a team
in October 2015 and a report was once again submitted. These reports were
placed before the Allottees Grievances Redressal Forum wherein it was revealed
that an area of 40.48/40.48 meters length and 26.70-/10.56
breadth has been illegally surrendered in the North Block to M/s Vatika Ltd by
ABW SUNCITY. Enclosed is a copy of the map which marks the
area as per details given above. Subsequent to said meeting, another visit was
made by the District Town Planner, Gurgaon and Assistant Town Planner, Gurgaon,
and it was confirmed to LLAOA that the area so marked in the maps belongs to
the La Lagune complex as declared by the Developer in the Declaration Deed.
Based on this official confirmation by the DTP, a report was filed before the
Registrar. From this, it is amply clear
that the said area has been unlawfully sold/ surrendered by ABW-Suncity to M/s
Vatika. LLAOA demands that the said area admeasuring 800 sq.mts. (Confirmed by
DTCP’s reports attached) should be forthwith handed over to LLAOA as this forms
a part of the total 11.3248 acres of land on which the La Lagune complex has been constructed.
ANNEXURE
XII
AS PER ANNEXURE V OF
THE SALE DEED ENTERED INTO WITH THE FLAT OWNERS by ABW SUNCITY, DEVELOPER HAS
EXCLUDED THE TERRACE FROM THE SCOPE OF THIS SALE DEED WHICH ACTUALLY IS THE PROPERTY
OF THE LA LAGUNE APARTMENT OWNERS ASSOCIATION
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