Sandeep Upadhyay
In year 2009 developer has given the proposal to take TDR FSI benefit and to redevelop the building where PMC was hired but M20 Bond was not submitted by committee so all managing committee is dissolved. (Proposal was 30% extra carpet area on and above existing carpet area + 60 Rs. Rent / Sq Ft. and 1750 Rs / sq ft corpus fund or hardship fund)
In year 2010 after six month new managing committee is formed and same developer came and same PMC was used and same developer has given same proposal and he got selected again. (Fishy) (Proposal was 30% extra carpet area on and above existing carpet area + 60 Rs. Rent / Sq Ft. and 1750 Rs / sq ft corpus fund or hardship fund)
In year 2011 Special AGM is called and Dy registrar came and the same developer is selected with same old proposal which was given in the year 2009. No change of proposal. (Proposal was 30% extra carpet area on and above existing carpet area + 60 Rs. Rent / Sq Ft. and 1750 Rs / sq ft corpus fund or hardship fund)
In year 2012 January New DCR came into effect and Fungible FSI rule was formed in which Govt. will give Fungible FSI of 35% to existing members free of cost. So it comes to 65% Extra Area.
In year 2013 March managing committee has signed the Development agreement with the developer with same old proposal which was given in year 2009.
(Proposal was 30% extra carpet area on and above existing carpet area + 60 Rs. Rent / Sq Ft. and 1750 Rs / sq ft corpus fund or hardship fund at vile parle East area where rate for corpus is 3000 Rs/ rent is 100 Rs/ Sq Ft and extra area comes to 48 to 53% on existing carpet area)
In year 2014 march 18th developer has submitted the plans to building proposal department bandra and we came to knew about that developer is giving only 9% benefit of TDR FSI and 22% of Fungible FSI benefit ( Carpet Area).
In year 2014 June 30th developer again changed the calculations and where developer is utilised our extra FSI i.e. 80 Sq meters which comes to 800 sq ft. which is society members benefit but developer has taken for his consideration in the plan. ( so developer and managing committee is swallowing and mismanaging the society members rupees of about 17 crores of rupees in terms of TDR FSI benefit and Extra available FSI benefit of the existing members ) which is fraud and cheating by managing committee with the existing members.
We have complained to BMC building proposal department about the same points but no reply from their side till date.
We are complaining to everyday to chief minister and co operative housing department municipal commissioner about the same issues but no answer yet.
Current Status:
Development agreement is done in year 2013 March. signed by secretary, treasurer and chairman. Individual agreement is just done with 7 members of society and 8 members are pending. Rent cheque is given to 13 members out of 15 members. Building is not yet demolished. Building is 354 C1 Category as per BMC diaplated.
Solutions:
Nowadays developers are cheating on Fungible FSI benefit to the Cooperative housing society members. By threatening them about dilapidated building with C1 category and if members are not ready then they try to demolish the building with the help of BMC.
Committee members are not following govt directive like PMC report and other major things which are responsible for the benefit of the society and then matter goes in the litigation and then court and then it goes on and on.
There should be standard follow up with the Municipal building proposal Department who check the bifurcation of Fungible FSI to members as per development agreement and TDR FSI Benefit to the members. (This should be must in all the development agreement happens. So no cheating can happens.
Govt people say that they are not arbitrators. So many proposals come daily what they will check. Govt people has to take action on the committee members who are not maintaining their property.
Or Every Year each society has to upload their health check of building to the cooperative society. About the painting of the building about fire department NOC and dengue and malaria free housing society.
This is to make sure everything goes smooth in their region. And they can send letters to the society and give guidance to upload the report on the net how we upload VAT report online. (Maharashtra Sales Tax).
We are doing our part and i am taking the initiative. We are not against the redevelopment. Developer is new Developer he has never constructed any buildings.
I C Naik
It’s a fit case for approaching the Consumer forum for Builder is a service provider and deficiency in service is quite evident. For a speedier remedy and looking at the stakes approaching High Court also looks preferable.