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Time has come for us to get the balance right. Here is a message from New Town Height to all those who claims their right over the tax payers money.
New Town Heights Home Owners Association Gurgaon is a registered society representing our members who are apartment owners in the group housing societies DLF New Town Heights in Gurgaon Sector 86, 90 and 91. This E-Mail is in reference to our letters dated January 15, 2013, January 30, 2013 and February 14, 2013 attached for your reference. Through these letters we have brought to your notice various illegalities that have happened in our project:
1) Filed complaint to against illegal sale of Parking and its exclusion from common area in our GHS
2) Requested for issuance of directions to file Deed of Declaration in line with the provisions of the 1983 Act and Rules of 1986
3) Objecting to issuance of Occupation Certificate to DLF New Gurgaon Homes Developers Pvt. Ltd. without complying to the provisions of the Act and giving us an opportunity to be heard
It is extremely disheartening to have not received any response from you despite having waited for more than 2 months. What is worse is that DLF has been issued Occupation Certificate despite the fact that the apartments are nowhere close to being ready and essentials like windows, doors, toilets among other things are missing. Now that Occupation Certificate has been granted Occupation Certificate to the builder it is extremely important for your office to ensure the following:
1) Holding of free and fair elections for the Apartment Owner Association under the supervision of your office before the filing of Deed of Declaration
2) Deed of declaration is filed as per the provisions of the Rules of 1986
3) Maintenance of the complex along with the IBMS money is handed over to elected Apartment Owner Association along with all the common area and facilities.
4) Builder is not allowed to collect any amount on account of maintenance, only the legally elected Apartment Owner Association is allowed to collect the same.
We are worried that DLF ltd. like it has done in its past projects will form a bogus Apartment Owners Association without holding elections and will file an illegal declaration. Just a few examples of some of the illegalities we expect to happen are,
Service Personal Apartments, which are being constructed in Tower M, N P, Q & R., has been sold to innocent apartment owner as part of their dwelling units. As in accordance with the statute DLF Ltd. would have to show these Service Personal Apartment area as part of the Common Area and Facilities but how could they show these as part of the common area as these have already been sold to the allottees as part of their dwelling unit?.
Parking Area would have to be shown as part of Common Area and Facilities, as in accordance with clause no. 13 of Building Sanctioned Plan (BR III), but DLF Ltd., most likely, would show these either as dwelling units or would exclude parking area from the purview of the Declaration. As it has happened in the past projects.
Biggest illegality would be committed while declaring the area under Dwelling Units under Para III and IV. In all likelihood DLF Ltd., would declare Super area as area under Dwelling unit, instead of the Built Up area as given in the Act. By definition, it is only the Built Up area which can be Registered and Conveyed as a heritable and a transferable property along with the undivided interest in the common area and facilities. The Built Up area includes area under an Independent Unit as well as all outer walls and half of adjacent I.U.s walls. It does not include any balconies, etc. which comes as Free from FAR. Contrary to all legal definition and statutory provisions. DLF Ltd. shall declare area under Dwelling Units as area which would include not only the Independent Unit and walls but also all the common area and facilities and all areas which are Free from FAR.
Our fear is the outcome of the apartment buyer agreement with these illegal clauses forced upon us and the past projects of the same builder.
Our only recourse is to implore your good offices and help us saving our life time savings. As the only registered and legal body representing allottees of the three GHS it is critical that the concerns of our members are looked into and acted upon. We have already highlighted these issues to you in the past and expect you to ensure rule of law. Any noncompliance of the provisions of the Act that happens now will happen with your full knowledge and will be your personal responsibility.
All we are requesting is for the implementation of law. Please help us.
We expect a response from your office in the next 48 hours.
Allottees of New Town Heights Home Owners Association"
Nitin, Great work...
I think if we need to get the sleeping authorities standup, civil society (buyers) need to protest. I would suggest a day (preferably Saturday/sunday) is planned for a protest march or Dharna at a prominent location in Gurgaon against illegal acts of builders and sleeping administration.
A agenda (clear 5 point), venue and date must be decided. Then we could ask all the like minded, various GHS members, fellow IREFians to join this and create a visibility of our common displeasure.
We could even invite media and local politicians (INLD - opposition) to join and create the visibility.
DLF homebuyers protest extra fee for parking space
The owners-cum-buyers of DLF New Town Heights are up in arms against the builder as they are being charged separately for parking.
As per the Town and Country Planning (TCP) Act, Haryana, a builder cannot charge for parking space as it is included in the common area.
According to the Haryana Apartment Owners Act, the developer is granted a licence to construct a society on the condition that it will create parking space in proportion to the number of flats, besides providing other facilities such as a clubs, health club etc.
However, developers are allegedly selling parking space separately to innocent buyers.
Tired of this violation, the owners-cum-buyers of DLF New Town Heights have formed an association and launched an online campaign to mobilise buyers of other projects.
"DLF has sold the parking area separately from the common area. The common area includes community centre, shops, schools, health centres," said Nitin Grover, president, New Town Heights Owners Association.
There are about 3,000 flats in three projects of New Town Heights coming up at Sectors 86, 90 and 91. DLF launched these projects in 2008 and they are yet to be completed.
A senior DLF employee told HT, "I cannot comment on this. That is the concern of the government department. A few people are creating a hue and cry for no reason."
Meanwhile, the buyers of New Town Heights are angry over the alleged gross violation by the developer.
"We have given proof of illegalities such as sale of parking and its exclusion from the common area, sale of super area etc," said Amit Jain, a buyer.
In a letter to the town and country planning department, the buyers referred to a Supreme Court judgement - regarding the sale of parking and common area in the Nahalchand Laloochand Private Limited vs Panchali Co-Operative Group Housing Society Limited - which clearly restricted such a practice.
Grover further said in the last 25 years, builders in Haryana had been openly violating provisions in Acts regarding the construction and sale of group housing complex.
RK Singh, senior town planner, refused to comment.