Ivor Patcheco
Please note that we all flat owners had purchased flats in Nilgiri Building, address: Bamandaya Pada, Opp. Customs colony, Tunge Village, Andhri(E), Mumbai 400072 and the Developer was MS Shah Developers , Marol, Andheri East , Mumbai.
MS Shah had promised to handover the flats in June 2006, but failed to deliver the same and after much persuasion, he handed over our flats to us on December 2007, but failed to fulfill his obligations by:-
a.Authorised BMC Water Connection.
b.Completion of works (ie. Second lift, internal painting from te 8th floor onwards, incomplete terrace and many other incomplete works.
c.Had taken Maintenance money for the 1st year, but maintenance was Zero.
d.Had taken money to form the society, but was not formed.
We the flat owners were collecting maintenance on our own and using the said money for the expenses of the building.
We then has a person named Abhay Londe, who informed us that if we have to fight with the builder, then as individuals we could not , but as a Registered society we can, hence the task of formation of a society was taken up.
We were first told that the official / unofficial amount would be Rs. X , and this was approved in the meeting , but on the final days the unofficial amount rose by 150-200%, as we desperately required the society the same was sanctioned in the meeting.
After the case was won against the builder, The society was registered and a registration number given, NILGIRI C-WING CO-OPERATIVE HOUSING SOCIETY LTD., REG.NO: MUM-2/WL/HSG/TC/10043/2010-2011/YEAR 2010, but that was short lived, as a letter was sent by the Registrar’s office that the Society registration has been cancelled as the Dy Registrar did not take the approval from the Registrar.
But even after the notification , the Members continued to use the Registered No till date.
Documentation proof was sent to the Ministers office , but till date there has been no reply ( from 2011 Onwards).
We then had Secretaries and chairman changing, and from the last year , we had the following:-
a.Chairman elected – but the person officially does not have a sale agreement of the flat in Nilgiri C-wing premises.
b.Secretary elected – flat owner.
c.Treasurer elected – flat owner.
PROPERTY TAX
The builder had failed to property tax from day one (ie . 2007 onwards) and there was a Notice by the BMC put , if we did not pay the amount our Building would be auctioned. We had all gathered the amount as advised by the builder’s working and paid the same for 2007/08 till 2010.
After that no amount was paid but the same was collected by the Society and put in fixed deposits and earned interest, as the BMC was restructuring the Property tax rates, the same was paid in installments as per the revised (reduced bill by the BMC).
– The society failed to give the credit back to the flat owners and in the AGM in Sept’2014. Took a decision that the excess Property tax amount will be used for the following:-
a.BMC Water connection
b.2nd lift
c.Other incomplete works of the builder.
NOTE:
1.The formation of society was done purely to fight with the builder for incomplete works, but the Chairman who is elected ( and not the official flat owner) is very close to the builder and instigated the committee members to go slow on taking the builder to the court.
2.Is not the property tax excess amount rightfully the individual flat owners money and the same to be credited back to individual flats? But they have manipulated to use the same for the incomplete works of the builder.
WANWANT YOUR KIND ADVISE :
-CAN THE CURRENT COMMITTEE BE TAKEN TO CONSUMER COURT AND ASK TO CREDIT THE EXCESS AMOUNT TO INDIVIDUAL FLAT OWNER OR NO. AS THE SAID PROPERTY TAX EXCESS AMOUNT IS RIGHTFULLY OF EACH INDIVIDUAL FLAT OWNER.
-WHETHER THE CHAIRMAN WHO IS NOT OFFICIALLY THE FLAT OWNER ( AS THERE IS NO SALE AGREEMENT BETWEEN HIM AND THE BUILDER) BECOME
a.The chairman of the Society
b.Have his name plate put in the Building flat owners name.
c.Have maintenance bill raised in his name ( although there is no sale agreement)
Do let me know if you could help/ guide me or take up my case, as there is a huge credit of approx Rs.30-40 thousand with the Society in my name and if I could get it back thru a Credit note from the Society
Sir, as I am working for Kingfisher Airlines that has not paid us salary for the past 2 years and I am finding it difficult that the Society wants to use my hard earned money for the builders incomplete works.( for which I have already paid when i purchased my Flat.)
Thank you and God Bless and will wait for your reply.
I C Naik
It is indeed a bad state of affairs in places Like Andheri. But don’t get disheartened. The grievances fall squarely in the jurisdiction of a Consumer Court Western Sub urban District Mumbai. It is advisable to take help of an Advocate to file a complaint of deficiency in service by the Builder. Chairman could be having soft corner for builder so it is better a few bonafide flat purchasers take it up. Consumer Courts these days are really effective going by several orders against builders.
