Continued from page 01 BUT, the developer has now sent her a letter telling her to pay R 4.5 lakh for each flat, as the carpet area has increased by 22.50 square feet. Ghiau2019s family claims that as per the agreement, they were promised both the flats at Aman Society in Kandivli West. But now the construction firm u2014 Kandur Corporation u2014 has dashed off a letter to the elderly woman telling her to pay R 4.5 lakh for each flat as now the carpet area is more than what was mentioned in the development agreement, signed between the builder and the society.
The letter issued by the builder in April 2019, says, u201c We were under an obligation to provide carpet area of 523.88 square feet for each flat. But now the carpet area of the flats allotted to you [ read as Indira Ghia] has increased by 22.50 square feet [ each]. As per the purchase price of R 20,000 per square feet, an additional payment of R 4.50 lakh for each flat needs to be made to take possession.u201d In fact, the family had approached the police to file a complaint in the matter on May 23, 2018, but a case was not registered. Thereafter, they submitted a grievance application.
With no option left, they approached the Chief Ministeru2019s Office ( CMO) for assistance early this week.
u2018 Will not payu2019 Speaking to mid- day, Ghia said, u201c The documents officially obtained from the Brihanmumbai Municipal Corporation [ building plan] clearly states that area of each flat is 517 square feet. But now the developer claims that the area is 546.38 square feet.
The BMC document itself punches a hole in the developeru2019s claims. Hence, there is no question of making a payment to take possession of the flats.u201d In October 2017, Ghia suffered a paralytic attack. Since her movements are restricted, she has given her younger brother u2014 Kamlesh Dhruv u2014 the power of attorney to fight the case on her behalf.
The complainantu2019s family has also alleged that the developer changed their original allotments. u201c The developer is now offering flat no. A- 304 and 404 as against flat no. 504 and 604, which were promised and even mentioned in the registered agreement,u201d alleged Dhruv. He further said that besides changing the flats, the developer also cheated them by changing the wing of the building that was promised earlier.
Redevelopment process After negotiations between the developer and society started in 2006, the agreement was signed and registered in 2008. Two years later in 2010, Ghia vacated her house in Kandivli and moved to a place in Kama Galli, Ghatkopar, to make way for the redevelopment project. Accordingly, in 2019 the developer handed over the flats to the other owners.
However, one of the partners in the firm that redeveloped the chawl, Siddik Hafizi, refuted all the charges and claimed that the original agreement was terminated on request of the owner. Further, terming the allegations baseless, the developer said, u201c I have all the documents to prove that the charges leveled against me and the firm have no merit.u201d In fact, the developer said that he had asked the owner to take possession of the flats but she wasnu2019t ready.
u201c I have even issued a cheque for the rent they paid at their temporary accommodation, but it has not been deposited in the bank yet. Now, I cannot go to the bank and deposit the cheque on their behalf,u201d Hafizi added.
When asked why Ghia had made a complaint against the developers, Hafizi said, u201c Even I canu2019t understand why. Probably, itu2019s because of reasons known best to them.u201d u2018 No question of paying for redeveloped flatsu2019 Ghia had vacated her Kandivli house in 2010 to make way for the redevelopment project. PIC/ NIMESH DAVE Ghia has given the power of attorney to her brother, Kamlesh Dhruv, to fight the case on her behalf. PIC/ PRADEEP DHIVAR u2018 The developer is now offering flat no. A- 304 and 404 as against flat no. 504 and 604, which were promised and even mentioned in the registered agreementu2019 Kamlesh Dhruv, Ghiau2019s brother u2018 We were under an obligation to provide carpet area of 523.88 square feet for each flat. But now the carpet area of the flats allotted to you [ read as Indira Ghia] has increased by 22.50 square feet [ each]. As per the purchase price of R 20,000 per square feet, an additional payment of R 4.50 lakh for each flat needs to be made to take possessionu2019 Letter from the developer 523.88 sq - ft Carpet area of each flat that was promised 22.50 sq - ft Additional carpet area for which the developer is demanding money
