KULDEEP KUMAR KOHLI
RZ 200B, STREET NO. 3, RAM CHOWK,
SADH NAGAR PART I, PALAM COLONY, NEW DELHI – 110045
Mobile: 08860332404
Deputy Commissioner,
1st Floor,
Mini Secretariat,
Gurgaon
REFUND OF
RS 2 LAKHS PLUS SERVICE TAX AT 12.8% PLUS @ Rs. 12.8% amounting to
Rs. 24,720.00 PLUS STAMP DUTY CHARGES duty @ 7% amounting to Rs.
14,000.00 PLUS INTEREST FROM THE DATE OF DEPOSIT TOWARDS THE MEMBERSHIP
CHARGES OF THE CLUB COLLECTED FROM EACH MEMBER BUT NO CLUB HAS BEEN PROVIDED TO
THE RESIDENTS IN LA LAGUNE COMPLEX
MEETING
CONDUCTED BY SHRI R S BATTH, ASSISTANT TOWN & COUNTRY PLANNER, GURGAON ON
28.9.2016 TOGETHER WITH THE REPRESENTATIVES OF BULDER ABW SUNCITY UNDER THE
INSTRUCTIONS OF ADDITIONAL CHIEF SECRETARY AND CHAIRMAN, AGRF OF THE MEETING
HELD ON 12.8.2016 ON THE ISSUE
Respected
Sir,
At the time
of selling the property the builder ABW SUNCITY had promised to provide a club
for which a sum of Rs. 2 lakhs plus service charge @ Rs. 12.8% amounting to Rs.
24,720.00 plus stamp duty @ 7% amounting to Rs. 14,000.00 has been charged by
the Builder which actually has not been provided to us.
Shri R S
Baqtth had asked the Builder to show where the club is and ABW SUNCITY gave a
wrong information terming the the community centre is the club.
We had
then gone in detail in explaining the difference in the community
centre and the club and had emphasised that what the builder has provided is a
community centre which in any case had to be provided to us as this is the
requirement of the law and this community centre has been provided out of the
FAR of the owners and is not a saleable FIR
We had also
explained that the Club has to be provided on a land which is not a part of the
FAR of la Lagune and hence the club has to be independent of the community
centre.
We had then
given details of the description of the Building, as claimed by the Builder in
the sale deed, and as approved by the Directorate of Town & Country
Planning, Haryana vide letter No. ZP-231/JD(BS)/2013/35544 dated 5.4.2013 while
granting the occupation certificate in form BR VI (under Rule-47(1) approving
the Group Housing for La Laune on an area of 11.3248 acres which reads as under
Annexure 1:
DESCRIPTION
OF BUILDING
“Building
Blocks A, B, C, D, E, F, G, H, J, K, M ( 318 dwelling units), EWS (58 dwelling
units), Community building, Convenient Shopping and Basement in Group
Housing Colony measuring 11.3248 acres ( licence No. 1189 to 1193 of
2006 dated 28.9.2006 and Licence No. 231 of 2007 dated 10.10.2007) in Sector –
54 Gurgaon “
Similarly the Directorate of Town & Country
Planning Haryana vide Memo No ZP-231/JD(BS)/2011/3041 dated 14.3.2011 .
BR III ( Se rule 44) at page 50 of Deed of Declaration against Para 17 GENERAL
column (iv) while granting the approval mentions as under Annexure 2:
“The
community building shall be included by you as a part of the common areas
of the group housing colony while filing the declaration under the Apart owners
Act and such community centre shall be for the exclusive use of the residents
of this group housing colony only.”
Similarly
the declaration under Section 2 and Section 11(2) of the Haryana Apartment
Ownership Act, 1983 executed by M/s Uddar Gagan Properties Pvt. Lt. and others
at page 9 and at page 10 reads as under Annexure 3:
That whole
of the building blocks A, B, C, D, E, F, G, H, J, K, M ( consisting of 318
dwelling units), EWS (58 dwelling units), Convenient Shopping (11 shops) Community
building in La Lagune Project consists of the following:
………………
Community
Building
Ground
Floor: Entrance Lobby, 2 card rooms, one Table Tennis, One Billiard Room, One
Gym Room, one library, one kids play, two offices room.
First Floor
One
Multipurpose Hall, Open Courtyard, Solar Water Heating System
The
occupation certificate approval granted vide BR III (See Rule 44) reads as
under against para 17 Annexure 4:
The community building shall be included by you as
a part of the common area of he group housing society while filing the
declaration under the Apartment Owners Act ans such community centre centre
shall be for the exclusive use of the residents of this group housing colony
only.”
It is
therefore amply clear that the Community Centre is from our FAR and hence it is
on our property and therefore it belongs to the owners of the flats in La
Lagune and it cannot be passed on to the owners of the flat terming it as a
Club.
THE CLUB
The club
does not find any mention in any of the approvals granted by the Directorate of
Town & Country Planning, Haryana and hence there is no club in the
residential complex called La Lagune.
You will,
therefore appreciate Sir, that either the builder has to provide us a club or
will have to return Rs. 2 lakhs plus service charge @ Rs. 12.8% amounting to
Rs. 24,720.00 plus stamp duty @ 7% amounting to Rs. 14,000.00 plus interest
from the day the Builder has taken the money the money from each resident.
Needless to
mention that this Club has to be on a land which is not a part of the La Lagune
Complex measuring 11.3248 acres but in addition to this.
This club
which was to be provided by the Builder as per their brochure, a copy of which
can be provided to you on demand, was to be having the following facilities:
1. cigar
lounge
2. multipurpose
hall/function lounge
3. with
bar and
4. multi
cuisine restaurant and
5. Senior
citizen lounge.
6. coffee shop
7. double height Squash court
with spectator lobby
8. Spa
facility with lounge
We, therefore request Directions from you to the
District Town & Country Planner to issue necessary orders to the Builder to
Rs.
2 lakhs plus service charge @ Rs. 12.8% amounting to Rs. 24,720.00 plus stamp
duty @ 7% amounting to Rs. 14,000.00 plus interest from the day the Builder has
taken the money the money from each innocent flat owner.
Warm Regards
Kuldeep Kumar Kohli
