19 December,2010 07:34 AM IST | | Shailesh Bhatia and Vinod Kumar Menon
Despite paying Rs 4.41 crore and completing paperwork, three buyers of a penthouse flat in Khar are denied occupancy; allege malpractice
For over three years now, living in a plush penthouse in Chinar Society, Khar (W), has stayed a distant dream for Ramesh Lund, inspite of shelling out Rs 4.41 crores to procure the property, and spending another crore for an incomplete interiors job.
Aggrieved buyers Ramesh Lund, Jeetendra Adnani and Sandeep
Panjabi. (Below) Chinar Society, Khar (W). Pics/Sameer Markande
Lund and two other buyers, Jeetendra Adnani and Sandeep Punjabi, allege that the society was razed for redevelopment in 2006 and as per the agreement between the original 17 members and a private builder, they were allotted houses in the new construction, while the extra FSI was sold to them at the prevailing market rates.
"Trouble started soon after our payments were made and the requisite paperwork, including the stamp duty payment, was completed. We then approached the society to give us the possession of the flat," says Lund. SUNDAY MiD DAY has a copy of the agreement.
He adds that even though they were given permission to start work on the interiors, the Managing Committee stopped it since it had differences with the builder about a discrepancy in the carpet area promised and subsequently allotted.
"While the original members have already started living there, we have been denied the occupancy certificate by the Managing Committee, which has gone to the extent of publishing public notices in newspapers alleging that the floors allotted to us are illegal," rues Lund.
"We are being punished for no fault of ours. I was verbally told not to enter my own property," claims Adnani, who has two adjoining flats on the twelfth floor at a cost of Rs 3.40 crores.
Punjabi alleges that they are incurring a monthly loss of up to Rs 15 lakhs, owing to interest on the money paid and the loss incurred, and the upkeep of their old residence.
Advocate Vinod Sampat, who is representing the affected parties, told SMD that he has already issued a showcause notice to the society secretary and builder on behalf of his clients and has advised them to take the matter to court, if they (the respondents) fail to resolve the issue.
When contacted, secretary Ramesh Parwani defended the Managing Committee's stand. He said all property now belonged to the society as they had terminated the agreement of the new buyers about six months ago, as the floors they wanted to occupy are illegal and built without the committee's consent or permission. "If the new buyers have any issue they should approach the builder."
But Sanjay Chabria, MD of Wadhwas Builders, categorically denied any allegations made against his company. Asserting that the sales were perfectly legal and he had the requisite paperwork and permissions to back his claim, he said, "There is a clear cut conspiracy to harass the new members and extort money from them, there is no reason or explanation why possession of the flats should not be given to the rightful owners."
