Dear Akhil and all residents,
I do agree with all of you that builder is not listening to us for a long time hence we should
go legal. I never said you should not go legal, If you look at my previous mail. However I have
requested you guys to prioritze the issues. F & G tower's buyer are struggling to get basic
need, i.e a home while existing residents are struggling to get facilities for which they have
paid or paying like central park, parking, lifts, club etc.
Builder has already created enough space by placing the towers very close to each other (however
this also illegal) and this space can be used as central park. So can't we force builder to stop
commercial tower and use this space as central park. This way we will get common area also and
this will save the buyer of F & G also who are waiting for 3-4 yrs for their basic need.
Still if you guys thinks that we paid for more super area, we can go legal to refund money for the difference in super area. If a court order can demolish the structure then it can also refund fro the super area.
Apart from this central park issue, others are related with parking, lifts, club, maintinance
etc and you may include these in legal battle if everyone think so.
These are just my thought, please don't take it otherwise. Since I have to suffer
mentally/financially in case of stay on tower G that's why I was sharing possible solution to get
the central park. You have to take a decision on:
our facilities Vs other's basic need
On this thread, this is my last mail. Thank you.
Regards
Pankaj
From: Akhil Pal Chhabra <75chhabra@gmail.com>
To: the-nest-residents-welfare-association@googlegroups.com
Cc: The Nest RWA <info@thenestrwa.com>; allassotechresidents@googlegroups.com; Navin Sharma <sanjuleo@gmail.com>; assotech-group <AssotechNest@yahoogroups.com>; pankaj pant <pantpankaj2002@yahoo.com>; vkram23 . <vkram23@gmail.com>; assotechthenest@googlegroups.com
Sent: Wednesday, 16 April 2014 1:56 AM
Subject: Re: Highglights of High Court Order (Dated 11.04.2014) for Apartment Owners
Dear Navin & Residents@The Nest
I totally agree with your views
in reference to emails on the subject whereby people opined about illegal additional tower should be there or not be there at "The Nest". I would like to clarify that since beginning and the day the management started construction of Tower F, the correspondence and communication is put on writing by the undersigned regarding illegal proposal of additional tower and positioning of Tower F which as per original plan at the location of proposed Tower G in the lay out plan. However the ASSOTECH management did not stopped the construction and nor even replied on the subject despite the correspondences & protest by RWA. When we left with no option, I personally with 3 other residents filed Consumer Complaint. In reply filed by Assotech in our Consumer Complaint, Assotech has not denied the fact that initial plan was of 6 Tower and Tower G is not in the original plan. Assotech in their reply is completely silent on the issue of 6 or 7 towers. Now question remains is the positioning of Tower F which is wrongly placed where Central Park with Club was shown in the plan of 2008-2009 and Tower G not in the plan.
I totally agree with your views
in reference to emails on the subject whereby people opined about illegal additional tower should be there or not be there at "The Nest". I would like to clarify that since beginning and the day the management started construction of Tower F, the correspondence and communication is put on writing by the undersigned regarding illegal proposal of additional tower and positioning of Tower F which as per original plan at the location of proposed Tower G in the lay out plan. However the ASSOTECH management did not stopped the construction and nor even replied on the subject despite the correspondences & protest by RWA. When we left with no option, I personally with 3 other residents filed Consumer Complaint. In reply filed by Assotech in our Consumer Complaint, Assotech has not denied the fact that initial plan was of 6 Tower and Tower G is not in the original plan. Assotech in their reply is completely silent on the issue of 6 or 7 towers. Now question remains is the positioning of Tower F which is wrongly placed where Central Park with Club was shown in the plan of 2008-2009 and Tower G not in the plan.
I have complete sympathy with the people who booked in tower F & G . Now writing e-mails by buyers of F& G is a serious concern but not the option with us to be looked into. It is the court by legal course to decide whether Tower F or Tower G is right or wrongly placed as per original lay out plan on records. Fact is if we had not filed the Complaint then we may not be aware about the Commercial Plan which was disclosed by Assotech through their reply in the Court recently. We all are victim at the hands of builder by one or the other way.
Assotech management is cheating the buyers on one or the other pretext. This way no end to illegalities by the builder Assotech. Builder keeps on changing the layout plan every six months or year, delaying the delivery, using low quality Lifts nd other products. Who knows tomorrow at any other open space, builder may plan any another commercial or residential tower or any other structure for commercial gains.
So as of now when Tower F is wrongly positioned in place of Central Park and Tower G not started construction yet , we the residents of habitable Towers has no option left but to ask for Stay on further construction of Tower F or Stay on Tower G. It is the court to decide the positioning of Tower F & G & other illegalities. Illegal society plan can be challenge anytime by any residents. So better not late we must get freeze the final plan through the Court order at this right time. Otherwise situation may reach like Coca Cola society demolition after 20yrs of existing society in Bombay and recent hottest news of NCR about Supertech Emerald Court towers demolition for which everyone is aware.
ASSOTECH decision or our personal decision not to adopt the legal recourse is not above the legal agreement, legalities of Construction Rules , UP Aprtment Act i.e. the law of the land. Today seeking construction stay on Tower F or Tower G is in the interest on larger group of people of residents who have already shifted, possession taken, sale deed executed and staying in the apartments in comparison to those of buyers of Tower F & G who has not paid the complete amount as F tower is not complete and G is even not started yet. Rather I would advise F& G buyers should stop further payments to Assotech immediately.
It is not the question of investment of Tower F & G people that they will not get any other apartment at such a price/ rate they booked the apartment. It is a question of legalities of all the Towers in the society which is a long standing situation to be taken care today to make the whole society complex legal with documents nd compliance and final approved lay out plan in place.
I have just shared my views in the larger interest. Rest people are open to share their views and opinion.
Best Regards
Akhil P.Chhabra
B-024
M-9810429362
sent from my samsung Galaxy
Akhil P.Chhabra
B-024
M-9810429362
sent from my samsung Galaxy
On 15 Apr 2014 21:50, "Ravi Ruhela" <ravi.ruhela@gmail.com> wrote:
-- Navin - you have hit the nails head. Not very long before we as the nest community will regret our indecisiveness and inaction while we see the builder laughing away with their benefits and saying goodbye to what could be or rather is the most sub-standard housing in crossing republik. We seem to be overly concerned with speculated outcomes rather than accommodating all concerns and let the law take its course.Hope we could unite soon and for greater good.ThanksRavi--On Tue, Apr 15, 2014 at 12:44 PM, Navin Sharma <sanjuleo@gmail.com> wrote:Not to offend anybody but what I see from the messages and the just held GBM, The Nest residents are not getting together to an effective level.
Some people are fearing for existing towers as well, which doesn't seem sensible because they are now habitable and already occupied for years. And if we fight for something we first have to stop fearing for our losses. There cannot be no fight without sacrifices/losses.
I am sure for every small action somebody (right or wrong) has to suffer and there are some collateral damages as well, but does the fear of getting somebody hurt makes the wrong a right. Builders always book/sell properties in advance, even the commercial place in NEST would already be sold out, so does this mean due to those buyers we should not stop the builder from raising the commercial building as well.
I am sorry to say but this will not stop anywhere. Builders always take the benefit of this situation where residents are divided.
All other societies in CR are taking strong actions against builders and there are results as well, but we are busy in internal bickering. We still have a chance because the towers in question are not in any condition yet, it will become difficult every passing day as the structures grow.
I am attaching a snapshot taken from today's (APR 15, 2014) Hindustan how unity of residents of Paramount is making at least some initial impact.
I also take this opportunity to request the NRWA to take a tough stand NOW before it is too late. I am ready for any contribution I can make to this MUCH required cause.
Let's unite and stop this menace.
Regards
Navin Sharma
C-143
On Tuesday, April 15, 2014 12:07:38 AM UTC+5:30, shreedhar.singh wrote:sir,i bought a flat in Assotech The Nest A tower seeing the open area and facilities. i also paid my life time saving. i bought the flat long backmuch before the new comers. why should i compromise on what i should be getting. why should the builder not be punished or penalised. why should i be mild on the builder because my fellow neighbour is losing his money. what about my money which i invested some 05 years back?thanksshreedharThanksshreedhar singhM No. 9971091418On Mon, Apr 14, 2014 at 8:09 PM, pankaj pant <pantpan...@yahoo.com> wrote:Thank you so much Krishnan Sir for your understanding. I can just hope that other residents will also try to understand our situation and will come up with more effective and sensible resolution.RegardsPankaj
From: V.Krishnan <vkr...@gmail.com>
To: pankaj pant <pantpan...@yahoo.com>
Cc: The Nest RWA <in...@thenestrwa.com>; "<allassotec...@googlegroups.com>" <allassotec...@googlegroups.com>; "the-nest-residents-welfare-association@googlegroups.com" <the-nest-residents-welfare-association@googlegroups.com>; assotech-group <Assote...@yahoogroups.com>; "assotec...@googlegroups.com" <assotec...@googlegroups.com>Sent: Monday, 14 April 2014 9:31 AM
Subject: Re: Highglights of High Court Order (Dated 11.04.2014) for Apartment Owners
Dear Shri PankajI am in complete agreement with your feelings which are justified.,
See below the news item that has appeared in TOI this morning:
In a meeting with the developer's representative on Sunday morning, buyers pointed out that most of them had paid 95% of the amount for their flats. They blamed Noida Authority for granting permission to Supertech without considering the after-effects of the alleged illegalities.
Vivek Sharma, a buyer who has booked a three BHK flat in Apex tower, said, "Majority of buyers are in favour of getting their dream home and don't want to get trapped in legal trouble. Most of us are working and do not have time to fight in courts. We hope that Supreme Court considers our plea and renders us relief."
"We have not decided further course of action, but we are collecting required documents and permissions. We will take a stand soon," Sharma said.
The developer, Supertech, has sought the support of buyers and formed a team to answer their queries. "For updates, buyers can call on 07838787863 or mail their queries to c...@supertechlimited.com. Buyers need not panic as we are considering every option that could bring us out of this situation. We need their cooperation. Apart from these two towers, all other projects are safe and there is no legal hurdle. Investments of buyers in any of our projects, is completely secure," said RK Arora, CMD, Supertech.
"We have faced such situations in the past, but have overcome all hurdles with the help and cooperation of our trusted customers," Arora added.
"We have put in our hard-earned money into the project. We want to reclaim our flat, not the refund," said Jamal Anwar, one of the buyers.
An engineer by profession, Anwar said, "I have seen many buildings in Delhi-NCR with faulty structures. Those buildings are high risk but people are still allowed to stay there. As an engineer, my opinion is that these two towers are safe. By getting entangled in legal trouble, dreams of hundreds of families have been put at stake."There seems to be more hurt people in the Emerald Court Project and naturally they will go to Supreme Court for redressing their grievances, namely getting a stay against Allahabad HC's order of demolition of the two towers.There is no doubt the developer has violated the building norms. But as the Engineers Mr. Anwar has said, violations have become the norms of building in DELHI and NCR. Illegal colonies spring up and then they get regularised.In our Nest, let us assume a similar situation/ assessment comes up ( In fact we are heading towards such a situation), then only towers A, B and D are safe from demolition because there is no distance of 16 meters between B and C and between D and E. And if a Court orders that only 6 towers are to be built and the distance of 16 meters between two towers has to be maintained obviously the present C E and F towers have to be relocated spacing them all 16 metres apart while shelving the G tower.. This may satisfy legal provisions but will cause enormous distress to many. Yesterday in the General Body Meeting Mr. Aftab vehemently argued for removal of one tower from Nest..( saying only 6 should be there instead of the present plan of 7). You can imagine what would happen to others excepting those in tower A, B, and DAs owner of C-205, I certainly would not like my tower to be demolished. lest I would be devastated. I am sure some others in C tower will also agree. Same also would be in E and F and those who had booked in G tower will also like to get a flat rather than money- back with interest.This is my personal opinion as owner of Flat C-205 and not as Convener of NESTRWA ( which position I could surrender any time, while I cannot surrender my ownership of my flat.Mr. Pankaj, I fully and understand and respect your feelings.RegardsV. Krishnanc-205, 9811211083On Mon, Apr 14, 2014 at 8:57 AM, pankaj pant <pantpan...@yahoo.com> wrote:
Dear All,
FYI, I have booked a flat in tower G 2 yrs back. I came to know through these mails few days back only that residents are against the additional tower (either F or G) and they filed a case in consumer court and now plan is to go to High court. I also came to know that there are other major issues too in the society for eg. lift issue which is actually life threating issue.
In order to resolve these, few residents want to go legal. I am not sure whether I will get my home dream or not because of these legal battle but I just wanted to make a humble request to all residents to think about the seriouness of the matter if you go legal against the tower F or G. All the buyers of tower F or G would be in trouble, not the builder. Not every person is an investor, most of us are single handed salaried person who has already provided all savings to the builder and taken up the loan.
Your concern is about the commom area like tower F is built up on a central park. Can we go legal for this common area only along with other priority issue like lifts etc. Can't we ask and force the builder thruogh legal cource of action to reduce the super area for all existing residents because we all pay against the super area only. Can't we force the builder to build central park in place of "Commercial place".
I think we should not place a commercial tower and a residenetial tower at the same level. Residential tower is the basic needs while commercial not. We have invested our money for the basic need.
We people are waiting for a long time for our dream home and when it started, when we caught in loan, suddenly this issue came up and become a top priorty issue. Tower F, where one of our friend says that eariler as per plan, there was grean belt and it is illegal. I can see in the society except tower A, all towers are illegal, structure wise. I am seeing tower F presence for last 3 yrs, nobody raised this issue 3 yrs back. From day 1 of my booking we heard that there are 7 tower in the society, only few days back we came to know that earlier it was 6. Not sure in which year 1 more tower is introduced.
Definitly. you guys have rights to go legal but please think if you could negotiate on super area only along with other issues instead of demolishing the tower F or take a stay on tower G.
Regards
Pankaj
--------------------------------------------On Sat, 12/4/14, Akhil Pal Chhabra <75ch...@gmail.com> wrote:To: "Suresh" <sures...@rediffmail.com>
Subject: Re: Highglights of High Court Order (Dated 11.04.2014) for Apartment Owners
Cc: "The Nest RWA" <in...@thenestrwa.com>, allassotec...@googlegroups.com, the-nest-residents-welfare-association@googlegroups.com, "assotech-group" <Assote...@yahoogroups.com>, assotec...@googlegroups.com
Date: Saturday, 12 April, 2014, 9:30 AM
"Akhil Pal Chhabra" <75ch...@gmail.com>
Supertech Row:
High court verdict will set an example, RWA
says
Highlights:
1. The approval and construction of the two new
towers was in complete violation of provisions of UP
Apartments Act 2010.
2. Noida Authority had given permission for
raising the heights of the two towers without maintaining
the mandatory distance of 16 metres from an adjoining
building block, making it 'unsafe, apart from blocking
air and light'.
3. The towers which were supposed to have only
24 floors were sanctioned 40 floors
4. Builder had not acquired the 'No
Objection Certificate' from members who had purchased a
unit in the building. "It is mandatory for builders to
get an NOC from existing buyers before making additional
constructions or changes"
Rgds
Akhil Chhabra
sent from my samsung Galaxy
On 12 Apr 2014 09:18,"Chand Suresh" <sures...@rediffmail.com>
wrote:
Thanks Suresh for sharing the order. Appreciate
your proactive approach.
Rgds
Akhil Chhabra
sent from my samsung Galaxy
On 12 Apr 2014 09:06,
wrote:
Dear Sir,
Please find enclosed copy of oder for apartment owners by
Hon'ble Allahabad High Court.
This is very critical and important orders and a lesson for
greedy builders. Hon'ble court has used very strong
language for demolishing the building(Read highlighted
portions)and order for refund of money to flat buyers.
Regards
Suresh
Get your own FREE
website, FREE
domain & FREE
mobile app with Company email.
Know
More >
---------- Forwarded message ----------From: "Chand Suresh"<sures...@rediffmail.com>
To: <allassotec...@googlegroups.com>
Cc:
Date:
Subject: Copy of Allahabad High Court Order (Dated
11.04.2014) for Apartment Owners
Dear Sir,
Please find enclosed copy of oder for apartment owners by
Hon'ble Allahabad High Court.
This is very critical and important orders and a lesson for
greedy builders. Hon'ble court has used very strong
language for demolishing the building(Read highlighted
portions)and order for refund of money to flat buyers.
Regards
Suresh
Get your own FREE
website, FREE
domain & FREE
mobile app with Company email.
Know
More >
---------- Forwarded message ----------From: "Chand Suresh"<sures...@rediffmail.com>
To: <the-ne...@googlegroups.com>,<allassotechresidents@googlegroups.com>
Cc:
Date:
Subject: Copy of Allahabad High Court Order (Dated
11.04.2014) for Apartment Owners
Dear Sir,
Please find enclosed copy of oder for apartment owners by
Hon'ble Allahabad High Court.
This is very critical and important orders and a lesson for
greedy builders. Hon'ble court has used very strong
language for demolishing the building(Read highlighted
portions)and order for refund of money to flat buyers.
Regards
Suresh
Get your own FREEthe-ne...@googlegroups.com (NRWA) for all residents to
website, FREE
domain & FREE
mobile app with Company email.
Know
More >
--
This group email address has been created bythe-ne...@googlegroups.com.
come on a common platform, please send posts or messages you
feel are of importance / relevance to all. You may
add/request co-residents of the Nest to this group to get
all updates.
The Nest RWA email id remains same asThis group email address has been created by the-ne...@googlegroups.com (NRWA) for all residents to come on a common platform, please send posts or messages you feel are of importance / relevance to all. You may add/request co-residents of the Nest to this group to get all updates.
---
You received this message because you are subscribed to the
Google Groups "All Assotech Residents" group.
To unsubscribe from this group and stop receiving emails
from it, send an email to allassotechresidents+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.
--
The Nest RWA email id remains same as the-ne...@googlegroups.com.
---
You received this message because you are subscribed to the Google Groups "All Assotech Residents" group.
To unsubscribe from this group and stop receiving emails from it, send an email to allassotechresidents+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.
--Lokha Samastha Sukhino Bhavanthu,
All Religions preach the same,
Work is Worship; Workplace is Temple
LOVE ALL SERVE ALL,
HELP EVER HURT NEVER--
This group email address has been created by the-ne...@googlegroups.com (NRWA) for all residents to come on a common platform, please send posts or messages you feel are of importance / relevance to all. You may add/request co-residents of the Nest to this group to get all updates.
The Nest RWA email id remains same as the-ne...@googlegroups.com.
---
You received this message because you are subscribed to the Google Groups "All Assotech Residents" group.
To unsubscribe from this group and stop receiving emails from it, send an email to allassotechresidents+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.
--
This group email address has been created by the-ne...@googlegroups.com (NRWA) for all residents to come on a common platform, please send posts or messages you feel are of importance / relevance to all. You may add/request co-residents of the Nest to this group to get all updates.
The Nest RWA email id remains same as the-ne...@googlegroups.com.
---
You received this message because you are subscribed to the Google Groups "All Assotech Residents" group.
To unsubscribe from this group and stop receiving emails from it, send an email to allassotechresidents+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.
--
This group email address has been created by the-nest-rwa@googlegroups.com (NRWA) for all residents to come on a common platform, please send posts or messages you feel are of importance / relevance to all. You may add/request co-residents of the Nest to this group to get all updates.
The Nest RWA email id remains same as the-nest-rwa@googlegroups.com.
---
You received this message because you are subscribed to the Google Groups "All Assotech Residents" group.
To unsubscribe from this group and stop receiving emails from it, send an email to allassotechresidents+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.
---
You received this message because you are subscribed to the Google Groups "The Nest Residents Welfare Association" group.
To unsubscribe from this group and stop receiving emails from it, send an email to the-nest-residents-welfare-association+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.
This group email address has been created by the-nest-rwa@googlegroups.com (NRWA) for all residents to come on a common platform, please send posts or messages you feel are of importance / relevance to all. You may add/request co-residents of the Nest to this group to get all updates.
The Nest RWA email id remains same as the-nest-rwa@googlegroups.com.
---
You received this message because you are subscribed to the Google Groups "All Assotech Residents" group.
To unsubscribe from this group and stop receiving emails from it, send an email to allassotechresidents+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.
__._,_.___
No comments:
Post a Comment