Wednesday, April 16, 2014

[AssotechNest] Re: Highglights of High Court Order (Dated 11.04.2014) for Apartment Owners



Dear Navin & All resident members 

In view of the last GBM dated 13.04.2013 open resolution passed for appointment of Drafting Committee to prepare the letter for Assotech which is to be sent by President- NRWA. Just to update that on the very next day i.e. 14.04.2014 draft letter prepared by one of the drafting committee member Mr. Kshitij Mathur and draft letter was shared with all the members for their views & suggestions. Drafting Committee Members given their views and suggestions and the draft letter finalized and the same was sent to President - NRWA & Team members. 

Copy of final draft letter attached herewith for information of all.

Awaiting update on the draft letter to be sent under signature of President - NRWA  to MD Assotech management.  

Best Regards
Akhil P.Chhabra


On Wed, Apr 16, 2014 at 3:22 PM, Navin Sharma <sanjuleo@gmail.com> wrote:
As per GBM, NRWA will first write a letter and residents are supposed to wait till Apr 30 for builder's response. If that does not come satisfactory then NRWA and the residents will decide for further action.
 
So let's wait for this first step first.
 
With due respect to Mr. Akhil's continued efforts with Consumer Court and other ways, I have a feeling we may have to go to some higher authorities (like High Court) because I have not seen much success with Consumer Courts in such big cases.
 
Also I went through the court order, and it was pointed there that residents first have to approach the local Authority (like GDA) for any irregularities before coming to High Court which was already done by Noida RWA.
 
I do not have much knowledge about legal matters, but we may take guidance from Supertech court order and some legal experts to fill any loopholes in our approach.
 
 
 

On Wednesday, April 16, 2014 2:25:25 PM UTC+5:30, talk2mohitjoshi wrote:


1. At GBM : Body had made few decisions. Are we reverting on decision made ?
2. What if builder decides for eighth tower and sell it to people like us who might have invested their savings into there dream flat? Shall we be still silent so that dreams of few are not shattered ?

I think we need to come together and fight for something which is ethically and legally right. If we remain divided then builder will take advantage of this.

Regards,
Mohit Joshi

On Tue, Apr 15, 2014 at 9:50 PM, Ravi Ruhela <ravi....@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.

Thanks
Ravi



   


On Tue, Apr 15, 2014 at 12:44 PM, Navin Sharma <sanj...@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? 
thanks
shreedhar

Thanks

shreedhar singh
M No. 9971091418


On 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.

Regards
Pankaj


Subject: Re: Highglights of High Court Order (Dated 11.04.2014) for Apartment Owners

Dear Shri Pankaj

I am in complete agreement with your feelings which are justified.,

See below the news item that has appeared in TOI this morning:

TOI Dated April 14th, 2014
 
Homebuyers in Supertech's Emerald Court want flats, not refund
 
NOIDA: Homebuyers of Apex and Ceyane towers in the Emerald Court residential project have decided to move Supreme Court and reclaim their flats instead of receiving a refund of their payments from the developer.

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 D

As 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.

Regards

V. Krishnan
c-205, 9811211083



On 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:

 Subject: Re: Highglights of High Court Order (Dated 11.04.2014) for Apartment Owners
 To: "Suresh" <sures...@rediffmail.com>
 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

 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,
 "Akhil Pal Chhabra" <75ch...@gmail.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,
 "Chand Suresh" <sures...@rediffmail.com>

 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.  

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 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 FREE
 website,  FREE
 domain & FREE
 mobile app with Company email.  

 Know
 More >







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Lokha Samastha Sukhino Bhavanthu,
All Religions preach the same,
Work is Worship; Workplace is Temple
LOVE ALL SERVE ALL,
HELP EVER HURT NEVER

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