RZ 200B, STREET NO. 3, RAM CHOWK,
SADH NAGAR PART I, PALAM COLONY, NEW DELHI – 110045
Mobile: 08860332404
E MAIL: KULDEEP.KOHLI55@GMAIL.COM
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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