Satish Bali
All the state Laws and Co-operatives Laws and BMC Notification and Directives have been thrown to dustbin by the present 7 members illegal M.C in the Redevelopment Project of Refinery View CHS Ltd 62/63, Maroli Church Road, Chembur, Mumbai-400074.
Till today no action has been taken by any Govt dept & Competent Authority against illegal Managing Committee of Redevelopment Project Scam of Refinery View CHS Ltd, by Black Listed Builders, Patel Engineering Ltd , Plot no 62/63,Maroli Church R C Marg,Chembur,Mumbai-400074.
We have lodged complaints with Honorable President of India/ Vice President of India & Chief Minister of Maharashtra / Chief Secretary Co-operation Rajgopal Devara / Chief Secretary Maharashtra Government /Principal Secretary Urban Development Maharashtra/ Urban Development III, Urban department NAV 21 &Dy Registrar-M-Ward KonkanBhavan, CBD,Bealpur,Navi Mumbai /Addl Regsitrar Dr Khandagale, Co-op Societies Pune,/ BMC Commissioner / Chief Engineer Development Planning -BMC/. Dy Executive Engineer Building proposal M-ward,& Mumbai Police Commissioner & Various other Government Authorities
Till today no action has been taken by any Government Department & Competent Authority against the illegalities and violations of State Laws /Co-op Laws /BMC notification and directives committed by the illegal Managing Committee. The committee has been declared as illegal from 1.05.2012 by the Dy registrar M-Ward & Addl Registrar Dr P K Khandagale- Pune, Co-op Societies.
The State Governments have framed Rules and Regulations and have issued guidelines and procedures that have to be sincerely followed In the process of Redevelopment project.
State Laws and Cooperative Laws and BMC Notification and Directives have to be followed in True spirit.
TRY CONSUMER COURT FOR DEFICIENT SERVICE EVEN BY GOVERNMENT OR GO TO HIGH COURT AGAINST REGISTRAR
Subject:-Till Today No Action has been Taken any Govt dept & Competent Authority against illegal Managing Committee of Redevelopment Project Scam of Refinery View CHS Ltd, by Black Listed Builders of Supreme Court & BMC Mumbai. Patel Engineering Ltd , Plot no 62/63,Maroli Church R C Marg,Chembur,Mumbai-400074.
Respected Sirji,
We have lodged complaints with Honorable President of India/ Vice President of India & Chief Minister of Maharashtra / Chief Secretary Co-operation RajgopalDevara / Chief Secretary Maharashtra Government /Principal Secretary Urban Development Maharashtra/ Urban Development III, Urban department NAV 21 &Dy Registrar-M-Ward KonkanBhavan, CBD,Bealpur,Navi Mumbai /AddlRegsitrarDrKhandagale, Co-op Societies Pune,/ BMC Commissioner / Chief Engineer Development Planning -BMC/. Dy Executive Engineer Building proposal M-ward,& Mumbai Police Commissioner & Various other Government Authorities
Till today no action has been taken by any Government Department & Competent Authority against the illegalities and violations of State Laws /Co-op Laws /BMC notification and directives committed by the illegal Managing Committee .The committee has been declared as illegal from 1.05.2012 by the Dy registrar M-Ward &Addl Registrar Dr P K Khandagale- Pune ,Co-op Societies
The State Governments have framed Rules and Regulations and have issued guidelines and procedures that have to be sincerely followed In the process of Redevelopment project.
State Laws and Cooperative Laws and BMCNotification and Directives has to be followed in True spirit.
In the Redevelopment Project of Refinery View ChsLtd 62/63, MaroliChurch Road,Chembur,Mumbai-400074. All the state Laws and Co-operatives Laws and BMCNotification and Directives have been thrown to DUSTBIN by the present 7 members illegal M.C.
The present 7 members Managing Committee is Caretaker MC from 09.6.2013.
The 5 year term of this Managing Committee Expired 08.6.2013.
Till date No Election in the Society has been conducted.
There is State Government guidelines on the functioning of such MC whereby such MC cannot proceed on Redevelopment issue.
The present Managing Committee is an illegal Managing Committee officially declared as having violated sec 129 of MSC Act 1960 by Dy registrar M -Ward KonkanBhavan and AddlRegistrarDr P Khandagale Pune from 01.5.2012.
This Managing Committee does not believe in honoring the Registrar order.
The present illegal Managing Committee signed and registered tainted and doctored and altered developmentAgreement on redevelopment on 10.7.2012
The present illegal Managing Committee has totally violated the terms and conditions of the signed and accepted tender documents of Supreme Court of India Blacklisted company Patel Eng ltd .
The present illegal Managing Committee has got approved the ruinous and destructive society plan on 18.01.2014 at ChemburGymkhana.
The approval to Builder Patel Eng Ltd based on their offer as per the tender submitted by them in the presence of officer Mr..Yellary from the office of DyRegistrar M-ward was given on 7.5.2011.
The Tainted and doctored and tempered D.A was signed and registered by the present illegal MC on 10.7.2012
The ruinous and destructive Society plan was got approved on 18.01.2014 at Chembur Gymkhana.
Section 79 (A) of MSC Act 1960 has been successfully violated .
There are glaring Illegalities and Violations as detailed below.
1In the signed DA the society plot area mentioned is 4425 Sqmtrs and 4119 Sqmtrs.
In the plan passed the society plot area is reduced to 3792 SqmtrsShocking and surprising
2 In the signed and registered DA the members of Society Members and shareholders is 77 (seventy seven) and there are 2 (Two) Shops. Total 79 Society members.
In the plan passed on 18.01.2014 the number of Society Members and shareholders has mysteriously and suspiciously increased to 81 (Eighty one)
This 7 members illegal MC in the DA signed by them has given to the BlacklistedBuilder-Irrevocable License and Irrevocable Power of attorney. In such a case what is our safety security under the state laws.
There is no provision on this issue under Sec 79 (A) of MSC Act 1960 it is violation of state laws and corporate laws
In the tainted and doctored and tempered and altered DA there is nowhere any mention of the benefit of 35% free fungible FSI available to Society Members.
This benefit of free fungible FSI of 35 % has been swallowed and siphoned by the violations?
In the Plan that has got approved there is no mention of extra Area of 25% that has to be given to Society Members. as committed by the builder ion their Tender Document.
This benefit of extra area of 25% is Swallowed and Siphoned by the Violators?
In the signed and registered DA the total area that will be given to the SocietyMembers is 53325 Sqft.
In the approved planthetotal area that will be given to the 81 members is 56310Sqft.Total of 81 Tenants.
The total benefit of road set back area been gifted to the blacklistedbuilder PatelEng Ltd Based on thedocumentary evidencecomplaints on this Redevelopment Project Scam have been lodged against 7 members MC and PMC and advocate and the arbitrator with various Government Authorities and also to the Honorable Chief Minister and Principal Secretary and Urban Development and Building Proposal Department.
Departmental investigation orders has been issued we also request you to secretary investigate this legal crime and financial FRAUD.
Sir we hope you will not be an irresponsible legal government authority by supporting and approving these flagrant and glaring illegalities and violations of the various state laws.
We hope you will not support and approve the creation of other CAMPA COLO COMPOUND case.
We hope you will not support and approve this breach of faith and Trust against the Society Members.
Kindly acknowledge this letter.
Thanking you,
Regards
ShivShankar Damani
Note: Till NO Architect has beenappointed for the Redevelopment Project
Till date NO GBM held to discuss the DA.
Till date No Feasibility report on the society plan has been send to society members.
Till Date No Advocate represents the remaining society members.
Till date No Certified copy on the process of redevelopment by PMC and Advocate and Architect Arbitrator and MC. Have been send to society members
Till date No Transparency at all.
There is Total breach of faith and trust.
SUBJECT:- :_ Flagrant Violations of State Laws and Financial Scam in the Redevelopment Project Scam of Refinery View CHS Ltd, by Black Listed Builders of Supreme Court & BMC Mumbai. Patel Engineering Ltd , Plot no 62/63,Maroli Church R C Marg,Chembur,Mumbai-400074.
LIST OF DETAILS:-
NO Survey of flat area carried out before signing and registering the DA. Society Plot area measurement flat carpet area and plot area not certified by society’s Architect & Advocate. ‘No Architect appointed by the society.
No proactive participation of responsible parties.
Discrimination among own society members.
No genuine certified advice from PMC- Advocate. Managing Committee & architect
No Transparency
No general body meeting was called and ever held for the approval of D.A
No Protection available under any state Law.
Developer friendly DA & not society friendly.
Supreme court of India and High court and Co-op court have given judgments to protect the legal rights & financial rights of society members totally ignored by the MC.
Approval of Patel eng ltd on 07.05.2011 in the society office in presence of Mr.Yellary office Dy Registrar M ward
1st draft copy of DA send time in july 2011 discussed with in MC .DA rejected as sent by Patel Eng Ltd around 20pts of clarification were needed This DA discussed in AGM on 15.8.2011 house rejected this DA.
Then came 2nd DA and then 3rd DA boths were rejected.
4th DA came sent to society members some times in January /Feb 2012 members were informed that they can send queries.
Answer on the queries came copies of this send to Society Members
On 01.4.2012 SGM held in society to discuss layout plan send by Patel Eng Ltd . Plan 2 approved .PMC & ADV & Kunal Lala Rep. Patel Eng Ltd were present circular send to society members does not give any information on plan 2
On 07.06.2012 consent taken from some members on approval of DA on plain paper typed ( This copy was given to us by Dr.Kgandagale Pune)
On 10.07.2012 DA signed & registered by the illegal M.C.
On 01.04.2012 2 Members resigned – 2memebrs were coopted so now there are total 4 coopted members in 7 members committee .
This formation of MC declared as violation of sec 129 MSc 1960 by Dy Registrar M ward investigation report dt___ and Addl Regsitrar Pune Dr Khandagale investigated report Dt 25TH July 2013
The contents of this New DA were found to be totally different from the contents of Tender documents & copy of the 4th DA sent to society members
DA Tainted – Doctored Tempered and altered
Complaints lodged to various Govt authorities from time to time
Complaint against increase in area of secretary and Adv Jagtap registered with Dy registrar-M Ward
08.2.2012 Adv N Jagtap in presence of Dr Khandagale.Pune confirmed that he is only representing 7 MC members
All society members had contributed toward his payments .
On 1st week Nov 2012 50% corpus distributed to some society members indemnity bond was signed by these members. No SGM was called for to discuss the contents of the indemnity bond.Even while the final hearing had not concluded with Addl Registrar Pune .
Aggrieved members who were lodging complaints Were declared on anti-social elements these members lodged complaint at RCF Police station,Chembur,Mumbai-400074
The MC hid the fact that the builder Patel Eng ltd is Blacklisted by Supreme Court of India and other govt agencies including BMC –Mumbai for financial golmal.
The 5 year Term of the illegal managing committee expired on 8.6.2013. from 9.6.2013 this M.C is simply caretaker MC with no powers to take any redevelopment decisions as per the information from the Federation of Co-op Societies ,Vikas building,Fort,Mumbai. No election have been held from 9.6.2013.
On 18.1.2014 new plan very different from the plan 2 of 01.4.2012 was gotten approved in the SGM held at chembur Gymkhana AT around 8pm.
No discussion of signed DA. No Architect . No feasibility report. Not honoring government regulatory order. Not honouring Supreme Court & High court Judgments on Redevelopment . Financial fraud and area fraud on fungible FSI. irrevocable license & Irrevocable POA given to builder which is against state laws no discussion held as required under section 79 (A) . misrepresentation of flats area in DA, Unfair trade parcties. the draft of all the relevant documents pertaining to the redevelopment process not circulated to all members.
Government of Maharashtra notification on 6.1.2012 bearing no MH/MR/South-346/2011-B .The committee members who otherwise will be held responsible to make good the loss u/s.73 (1B) of MSC Act 1960 as they have signed the indemnity bond
NO GBM were ever held to discuss every aspect of the work.
Flagrant violation of rules & regulation by the builders – PMC & Advocate.
On 15.1.2014 letters of complaints on fraud send to MC of the Society – the letter was endorsed by Chairman /Secretary .
Till date No reply in writing received
The free fungible FSI 35% totally is missing in the registered DA.this area is siphoned and swallowed by the builder. This is against the state laws. & BMC notification and directives under DCR 2012
The extra area offered 25% is totally missing in the plan send to the society members
The plot area shown in the plan is less than the plot area shown in the DA.
The setback area shown in the plan is less than the setback stated in DA.
This set back area benefit this M.C has gifted to the builder.
No architect – appointed, no feasibility report ,NO Transparency , NO advocate to represent society members.
Signed DA not send to individual members .
NO SGM held to discuss DA- distribution of corpus fund and indemnity bond
Copies of investigation report received from Dy registrar & Addl registrar not send to society members.
illegal levy of charges on Aggrieved members .Managing committee refuses to honour the Dy Registrar M-Ward Judgment on this issues .order dated:_____
Sec 79 (A) violated
Sec 73 (1B) violated
No procedure followed as per state law-co-op law these have been successfully violated.
The society plot area worth around 150 Crores gifted to builder.
SGM of 01.4.2012 declared violation of state law violation of 79(A) .Breach of trust and faith
Irrecoverable license & Irrecoverable POA –NO General body meeting called to discuss this .This is violation of State laws Co-op Laws and BMC Notification and directives .
In the plan approves on 18/01/2014 the number of tenants shown is 81 shocking.
In the plan details as per D.A are 77 flats and 2 shops.
Why the difference?
In the plan for individual flat area the grand total area is 53225 Sqft. Shocking?
In the D.A the flat area is minus the Free fungible area DCR 2012 35% and only 25% extra area is mentioned .This is against the Tender document.
In the plan dt: 18.1.2014 the 25% extra area as written in the D.A. is missing.
The area as mentioned in DA in not as per Tender documents .
The area as mentioned in the plan is not as per DA.
Irrevocable license and irrevocable POA given to builder.
The society plot area in DA is 4425 &4419 Sqmtrs and in the plan dt 18.1.2014 is 3972 Sqmtrs Shocking.