Friday, November 5, 2010
to all kingdom dwellers
Tuesday, July 20, 2010
Dear FLAT OWNERS OF NEELKANTH KINGDOM
GOOD NEWS THAT THE WORK PROGRESS HAS SPEEDED ,
BUT WE ARE STILL FIGHTING FOR OUR RIGHTS
herewith are the attached recent photo of neelkanth kingdom work progress and a document of list of deemands what we members are puting forward at the court
IN THE HIGH COURT OF JUDICATURE AT MUMBAI
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO : 2227/ 2010
Neel Kanth Realtors Pvt. Ltd. & Ors. … Applicants
The State Of Maharashtra & Ors. … Respondents
Say of the Complainants
I, Mr. ________________, an adult Indian Inhabitant and having address at ____________________________________, do hereby submit as under :
1. That during the hearing which took place on 2-7-2010 and on 9-7-2010, her Ladyship Hon’ble Smt. Justice R.P. SONDURBALDOTA Was pleased to direct the flat purchasers, to submit their list of demand , which they wishes to claim from the applicant as per their entitlements under the provisions of Maharashtra Ownership Flats Act, 1963.
2. That in pursuant to said directions of this Hon’ble court, meeting of the flat purchasers was held on 4-7-2010 , Sunday and on 11-7-2010, in the open ground at site i.e. Neelkanth Kingdom, Nathani Compound, Vidyavihar(w), Mumbai, where the buildings are at present under construction. After the discussion at length amongst the flat purchasers during said meeting, it was decided to put up following demands from the applicants.
a. To enter into an agreement for sale in respect of all flat purchasers with whom agreement is not yet executed due to reasons of non availability of the agreement under one or other pretext.
b. In Respect of pending construction work of 7 Bldgs:
1) It is observed by the members/ flat purhcasers that on inspecting the construction work in respect of 7 buildings, that till today, construction work completed is only in respect of R.C.C. structure upto 12 floors, whereas in respect of the addition made by way of 13th floor, construction work is yet to be completed in respect of said floor. For ready perusal, photos of all individual buildings are annexed herewith as "Exhibit - A ". These photographs are taken on 11-7-2010 at 12 noon in the presence of flat purchasers. Besides that no other work is yet carried out in any of the building and as such to put up following demands before applicants/ builders in respect of construction work to be completed:
i. To Complete Plaster work in all 7
To Complete all amenities as promised for and provided for in Agreement for sale executed with individual flat purchasers in all buildings. Annex herewith and marked as "Exhibit – B" is the copy of list of amenities specified in the Agreement for sale executed with flat Purchasers.
To Construct Swimming Pool, club house, health club, temple and Derasar for which work is not yet started.
To construct /develop all other common facilities/ benefits as promised for and provided in broacher which was circulated at the time of booking of flats.
No work is yet started in respect of this.
Annexed herewith and marked as "Exhibit- " is the copy of said broacher, wherein list is provided with photographs.
2) The above pending work need to be completed on or before January- 2011. As about constructed R.C.C. structure of 7 buildings, as the flat purchasers are not expert to verify the strength of the constructed structure, as well to verify fact that completed construction is as per design, the builder/ applicants need to provide certificate from approved Government architect, in respect of this.
c. To obtain the completion certificate and Occupation certificate in respect of entire project including all residential buildings from B.M.C., and other authorities on or before January- 2011.
d. To assist the flat purchasers in forming the Co-Operative Housing Society in respect of these seven buildings as per the obligation provided under section 10 of the Maharashtra ownership flats Act, 1963, so that the housing society can be formed not later than 4 months from the date of giving possession of the flats to the flat purchasers.
e. To hand over complete charge in respect of these seven building to these housing societies in respect of 7 buildings including handing over of all documents, building plans, approved plans, and other documents as provided under section 3 of the Maharashtra ownership flats Act, 1963.
f. To hand over the complete accounts of all moneys received from the flat purchasers as provided under section 5 of the Maharashtra ownership flats Act, 1963.
g. To clear all unpaid liabilities, in respect of these 7 buildings. The liabilities to be cleared in respect of any sum payable towards land revenue, land tax, municipal taxes, development charges, collector’s taxes, assessment taxes, stamp duty charges in respect of plot of land on which construction is carried out, water charges, bank liabilities for any loan, facility or guarantee taken from any banks, financial institutions , private borrowers and to further issue no pending liability duly certified by Chartered Accountant.
h. To execute conveyance in respect of the plot of land in dispute within 4 months from the date of formation of Housing society but in case not later than July, 2011.
i. To compensate the flat purchasers as per commitments given by letter dated 26th July, 2009 and annexed with application at "Exhibit –E".
j. Not to presurrise any flat purchasers to make payment of any sum beyond his statutory liability, as provided under the provisions of Maharashtra ownership flats Act, 1963 and Rules. At present, it is observed that the builders, through Vidyavihar Containers Limited have started issuing letters demanding for additional amount from flat purchasers without giving details as about how much construction work is completed considering entire project all together.
3 That above list is submitted only with an intention to arrive at Settlement with the applicant and without prejudice to all other rights available to flat purchasers/complainants to contest this application including filing of their detailed reply in above matter, in case, due settlement is not taking place as per above terms. The flat purchasers further agrees to withdraw the present pending Cr No. , filed before the Ghatkopar Police station and now transferred to Economic Offence Department at Yellow gate police station, on completion of all above conditions.
4. That above terms are filed on behalf of all flat purchasers including original complainant Mr. Sanjay Muchhala in Cr no. and other 70 flat purchasers who have filed their written complaint with the Ghatkopar Police station on 2-11-2010 and in respect of whom no F.I.R. is registered by the Police Department. The Copies of all these complaints at present are in the custody of Economic Offence Department at Yellow Gate Police station , Mumbai.
5. That copy of Minutes of the Meeting which took place on 4-07-2010 of the flat purchasers is annexed herewith and marked as "Exhibit- B".
6. That this document is filed for and on behalf of aggrieved flat purchasers including original complainant and other complainants at Neelkanth Kindom and as per authority given during the said Meeting.
Place : Mumbai
Date : ( Mr. )
my humble request to everyone be altert members and attend meetings in time and regularly ,we are not fighting but we just remaining informed and alert aswell asertive
Friday, August 7, 2009
Monday, August 3, 2009
|Date||Name||Building||Flat no||Amount||Sr No||Date||Nature of expenses||Amount|
|1||16-Mar-09||Nimesh Gondalia||Takshshila||704||500||1||26-Jul-09||Expenses for 23 B||4,200|
|2||16-Mar-09||Bharat Thakkar||Nalanda||904||500||2||26-Jul-09||Mike / loudspeaker charges||3,500|
|7||17-May-09||Hansaben Dama||Avanti||901||500||7||26-Jul-09||T-Shirts (200)||15,000|
|8||17-May-09||Rajubhai Pandya||Nalanda||1203||500||8||26-Jul-09||Roses (100)||400|
|14||17-May-09||Rupa R Mehta||Mithali||204||500|
|18||17-May-09||Hitendra S Chedda||Avadh||1101||500|
|33||17-May-09||L V Bhanusali||Nalanda||1201||500|
|39||17-May-09||Kamlesh M Kapadia||Avadh||1106||500|
|43||17-May-09||Nitin K Solanki||Kalinga||1004||500||1003|
|45||24-May-09||Pankaj K Kothari||Magadh||405||500|
|54||24-May-09||M G Patel||Takshshila||401||500|
|55||24-May-09||Narendra B Soni||Kalinga||401||500|
|57||24-May-09||Darshana H Ashar||Nalanda||504||500|
|58||24-May-09||J J Vora||Magadh||802||500|
|70||24-May-09||Nitin B Shah||Mithali||401||500||403|
|71||24-May-09||Bhavesh M Shah||Nalanda||602||500|
|72||24-May-09||Rajesh G Shah||Takshshila||205||500|
|73||24-May-09||Ramesh H Lalvani||Nalanda||703||500|
|74||24-May-09||Anand A Premani||Avadh||903||500|
|75||24-May-09||Neeta J Dani||Takshshila||901||500|
|77||24-May-09||Arvind / Ketan Kothari||Avanti||1206||500|
|78||24-May-09||Nilesh J Shah||Avanti||1101||500|
|81||21-Jun-09||B A Sanghvi||Avadh||401||500|
|90||26-Jul-09||Khimji K Bhanusali||Takshshila||501||500|
|91||26-Jul-09||V P Sheth||Magadh||603||500|
|98||26-Jul-09||A M Doshi||Magadh||305||500|
|112||26-Jul-09||Ila P Shah||Takshshila||601||500|
|113||26-Jul-09||Dilip A Vagani||Takshshila||301||500|
|116||2-Aug-09||Leena Jayesh Dedhia||Takshshila||201||500|
|118||2-Aug-09||Kundan J Desai||Magadh||403||500|
|Total collections||59,500||Total expenses||29,750|
|Balance with Rajiv||27,100|
|Balance with Bharat||2,650|