Saturday 17 December 2016

KULDEEP KOHLI PETITION - LL GLASS

 KULDEEP KUMAR KOHLI
RZ 200B, STREET NO. 3, RAM CHOWK,
SADH NAGAR PART I, PALAM COLONY, NEW DELHI – 110045
Mobile: 08860332404


04.11.2016

Deputy Commissioner and Chairman
Allottees Grievances Redressal Forum,
1st Floor,
Mini Secretariat,
Rajiv Chowk,
Gurgaon - 122001

·      The facade glass are falling in spite of five orders number 6718 dated 2.12.2015 from the District Town Planner, Gurgaon (Planning), order  through the Minutes of the meeting held under the Chairmanship of Deputy Commissioner, Gurgaon on 8.1.2016 instructing the colonizer to take safety measures within the colony and submit modalities for the same by way of an undertaking to Member Secretary, AGRF within 15 days and order No. 356 dated 27.5.2016 by the District Town Planner, Gurgaon and orders of Shri R S Batth,  Assistant Town & Country Planner on two occasions to the builder in the meetings called by him at the La Lagune complex meeting has been done to resolve the life threatening problem.

·      132 Façade Glass Panes  of the size of 6 feet by 4 feet falling from the different floors starting from 17th floor of the  condominium in last two years missing people narrowly at Residential Group Housing Project, La Lagune situated at Golf Course Road, Sector 54, Gurgaon

·      The falling of glasses continues and is a regular process missing and harming the ladies, children, elderly and young people.

·      So far with only 42 glasses have been replaced in last two year and none during last nine months.

REQUEST FOR EXECUTION OF THE ABOVE ORDERS WITHIN 15 DAYS AND AN UNDERTAKING BY M/S  ABW SUNCITY AND ITS DIRECTOR A PARTNERSHIP FIRM FORMED  BY M/S ADITY BUILDWELL PRIVATE LTD. AND M/S SUNCITY PROJECTS PVT LTD. AND REGISTERED UNDER THE PROVISIONS OF INDIAN PARTNERSHIP ACT HAVING ITS OFFICE AT SUNCITY BUSINESS TOWER, 2ND FLOOR, SECTOR 54, GOLF COURSE ROAD, GURGAON


Resected Sir,

1)    132 façade glasses measuring 7 feet by 4 feet are falling from different floors starting from 17th floor as per details given above.

2)    Five orders have been passed as per the following enclosures by your office as Chairman, AGRF, by the District Town & Country Planner, by the Assistant Town Planner under the orders from Shri P Raghavendra Rao, Additional Chief Secretary and Chairman, AGRF for the meeting held on 12.8.2016.

a.  Order number 6718 dated 2.12.2015 from the District Town Planner, Gurgaon (Planning) – Annexure 1

b.  Order  through the Minutes of the meeting held under the Chairmanship of Deputy Commissioner, Gurgaon on 8.1.2016 instructing the colonizer to take safety measures within the colony and submit modalities for the same by way of an undertaking to Member Secretary, AGRF within 15 days – Annexure  2

c.  Order No. 356 dated 27.5.2016 by the District Town Planner, Gurgaon – Annexure 3.

d.  Order of Shri R S Batth, Assistant Town & Country Planner in the meeting called by him at the La Lagune complex, to the builder  as per the orders of the Deputy Commissioner in the meeting held on 8.1.2016 – Annexure 4 are the minutes of the meeting held on

e.  Order of Shri R S Batth, Assistant Town & Country Planner in the meeting called by him at the La Lagune complex, to the builder  as per the orders of thefrom Shri P Raghavendra Rao, Additional Chief Secretary and Chairman, AGRF for the meeting held on 12.8.2016– Annexure 5 are the minutes of the meeting held on


3. Sir, in spite of five orders in last one year from the highest of the concerned authorities:


                 I.        The glasses are still falling and no permanent solution has been found out by the builder in spite of the Assistant Town & Country Planner having instructed formation of a committee and the committee advising that the glasses are falling because of certain chemical composition and hence manufacturing defect and will keep falling and wrong fitting of the glasses.

               II.        The builder has stopped replacing the glasses.

             III.        Few of the residents have got injured and many others narrowly escaping including children women and elderly and young people staying there.

             IV.        No undertaking has been given as ordered by your office as the Chairman of AGRF in the meeting held on 8.1.2016 by the Builder instructing the colonizer to take safety measures within the colony and submit modalities for the same by way of an undertaking to Member Secretary, AGRF within 15 days

                V.        Evidence of the broken/missing glass panes at more than 80 points as on date is enclosed herewith for your kind information – Annexure 6  


4.    That apart from the danger to the lives of so many residents, this is causing us major mental agony, pain and torture as there are approximately 1500 glass planes of the size of 7 feet by 4 feet that could fall any time, from any tower. The Resident Welfare Association and the residents have repeatedly asked the Builder to kindly look into the matter, but apart from replacing a few panes here and there, nothing concrete has been done to resolve the life threatening problem.

5.    That the building having got the occupation certificate in April 2013 and the glass planes continuing to fall since the very beginning and this is of serious concern to all the residents and hence the Builder should be instructed to replace all the façade glass planes from the building because the existing situation is a constant threat to life of the people residing here.

6.  That, as per the Haryana Apartment Owners Act 1983, we are the owners of the undivided common area and being the ownersof the undivided common area, we have a “right to personal safety and reasonable safeguard from Hazard and risks of life and person”  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 to us and our family and resulting in continues risk of life and limb lest it should cause actual loss of life or limb  , which  is a serious Law and order concern

7.   Sir it does not require any more than a vivid imagination to visualise the consequences of a glass of this size falling upon any passerby. That no serious accident has occurred can only be attributed to sheer luck. It will not be wrong to say that this wanton and negligent act of the Builder is not only tortious wrong, but more importantly it amounts to serious criminal negligence. We would strongly urge you to prevail upon the Builder to take remedial action before a tragedy occurs.  

8.    That the Directors of SUN CITY Mr. Varun Agarwal and others as per the list given below have been informed of this through various messages and personal communications by the RWA but unfortunately no action has been taken by them.

9.    That ABW SUNCITY has been guilty and negligent of deficiency in rendering the service.

10.       That the above elaborated action of ABW SUNCITY has caused us lot of inconvenience, harassment, hardship, mental pain and agony.

11.       That in view of above, we shall be extremely grateful for your kind indulgence in getting the entire set of glasses replaced in all the Towers before another such incident results in certain kind of physical injury to us and our family members or others residents in the complex.
PRAYER
We therefore pray you to kindly issue orders for
A.  Replacement of all the damaged glasses immediately within next 15 days.

B.  Re - instruct the colonizer to take safety measures within the colony and submit modalities for the same by way of an undertaking to Member Secretary, AGRF within 15 days, as instructed by you vide minutes of the meeting of AGRF held on 08 January, 2016.

C.  An undertaking by the builder to replace all the glasses within a period of next 06 months as there is manufacturing defect in the glasses because of the chemical composition and defective fixation as advised by the committee formed under the instruction Assistant Town and Country Planner, Gurgaon.
D. Payment of compensation for the mental torture being faced by all of us and our family members on account of the reasons explained above.



Thanking you,

Yours faithfully



KULDEEP KUMAR KOHLI

List of the Directors of the above two companies responsible for entering into a joint venture and then executing this project are:

Shri Atul Bansal,
Managing Director,
ABW Infrastructure Ltd.
II Floor,
ABW Tower,
IFFCO Chowk,
Gurgaon,
Haryana-122001

Shri Ravi Shanker,
Director,
ABW Infrastructure Ltd.
II Floor,
ABW Tower,
IFFCO Chowk,
Gurgaon,
Haryana-122001


Shri L.N. Goel,
Chairman,
Suncity Projects P Ltd.
II Floor,Suncity Business Tower,
Golf Course Road, Sector 54,
Gurgaon,Haryana


Shri Subhash Agarwal,
Director,
Suncity Projects P Ltd.
II Floor,
Suncity Business Tower,
Golf Course Road,
Sector 54,
Gurgaon,
Haryana

Shri Varun Agarwal,
Director,
Suncity Projects P Ltd.
II Floor,
Suncity Business Tower,
Golf Course Road,
Sector 54,
Gurgaon,
Haryana

Shri Arpit Goel
Managing Director
Suncity Projects P Ltd.
II Floor,
Suncity Business Tower,
Golf Course Road,
Sector 54,
Gurgaon,
Haryana

Shri Anil Gupta
G.M Project
Suncity Projects P Ltd.
II Floor,
Suncity Business Tower,
Golf Course Road,
Sector 54,
Gurgaon,
Haryana



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