AVJ Heightss Apartment Owners Association (Regn. No. 76/ )

Transcription

1 By , By Hand & Registered Post A.D. To, The CEO GNIDA (Mr. Deepak Agarwal, IAS Officer) 169 Chitvan Estate Sector Gamma - II Greater Noida, Gautam Budh Nagar, Uttar Pradesh Gulshan Saini A-605 Rastogi G-1112 Arya Shukla F-1406 Rohit Nigam G-508 Jai Tewari G-910 Manoj J-202 Shashi D-707 Nishi J-202 Nidhi Ijral G-1307 Subject: Irregularities & violations of the UP Apartment Act, 2010 by Builder the M/s. AVJ DEVELOPERS (INDIA) PVT. LTD., Dear Sir, We hereby serve upon you this Notice in respect of the housing project AVJ Heightss, Plot No : GH-12/2, Zeta-1, Greater Noida , Gautam Buddha Nagar, UP. Whereby 1) M/s AVJ DEVELOPERS (INDIA) PVT. LTD., Regd. Office: AVJ BUSINESS PARK, PLOT NO-C, FIRST FLOOR, COMMUNITY CENTER, ANAND VIHAR DELHI East Delhi INFO@DINESHAARJAV.COM Through Directors- Shri. Praveen Jain, S/o Sudershan Lal Jain R/o 43/11, Rajpur Road Kothi Under Hill Road, Civil Lines, Delhi. Mukesh Aggarwal, S/o Lt. Daulat Ram Aggarwal, R/o 117, Ram Viahr, Delhi Vipin Aggarwal, DIN no: Pradeep al, DIN no: ) M/s AVJ Developers Pvt. Ltd., AVJ BUSINESS PARK, PLOT NO-C, FIRST FLOOR, COMMUNITY CENTER, ANAND VIHAR DELHI East, Delhi DL INFO@DINESHAARJAV.COM Through the Directors- Mr. Vinay Jain, DIN no: Mrs. Asha Jain, DIN no: Mr. Vipin Aggarwal, DIN no: Page 01 of 08

2 Gulshan Saini A-605 Rastogi G-1112 Arya Shukla F-1406 Rohit Nigam G-508 Jai Tewari G-910 Manoj J-202 1) It is to say that, the builder had booked flats in the said project, in the year , on an express promise from the Builder that he will handover the said unit/project no later than Its to say that the Builder has miserably failed to deliver the said possession to any of the allottees till date (Sept 2016), since the Builder has till date not completed the construction work of the building as per the UP Apartments Act, 2010 and has also illegally permitted the investors/owners of units/flats in his project to occupy their respective units irregularly, without the Completion Certificate and Occupation Certificate, which is not only dangerous to the residents/owners staying in the project buildings and their families but also is in complete violation of the UP Apartments Act, 2010 and other laws. 2) That the Builder has also unilaterally altered major layout of the Building plan and overall lay-out of the Project without taking mandatory prior written consent of each member of the housing society / the residents who are an equal stack-holders in the Housing Project, after having invested their hard-earned money in the housing project, which is also in violation of the UP Apartments Act, 2010; Its is to say that the owners and investors of the flat are also recognized as a stock-holders of the housing projects and as per the UP Apartments Act the same is impermissible and violative of the fundamental rights of the applicant; That the Builder has not made any disclosures in writing regarding the following: (a) rights and his title to the land and the building in which the apartments have been or proposed to be constructed; Shashi D-707 Nishi J-202 Nidhi Ijral G-1307 Page 02 of 08

3 (b) all encumbrances, if any, on such land or building, and any right title, interest or claim of any person in or, over such land or building; (c) the plans and specifications approved by or submitted for approval to the local authority of the entire building of which such apartment forms part; Gulshan Saini A-605 Rastogi G-1112 Arya Shukla F-1406 Rohit Nigam G-508 Jai Tewari G-910 Manoj J-202 Shashi D-707 Nishi J-202 Nidhi Ijral G-1307 (d) detail of all common areas and facilities as per the approved layout plan or building plan; (e) the nature of fixtures, fittings, and amenities, which have been or proposed to be provided; (f) the details of the design and specifications of works or and standards of the material which have been or are proposed to be used in the construction of the building, together with the details of the design and specifications of works or and standards of the material which have been or are proposed to be used in the construction of the building, together with the details of all structural, architectural drawings, layout plans, no objection certificate from Fire Department, external and internal services plan of electricity, sewage, drainage and water supply system etc. to be made available with the Association; (g) all outgoings, including ground rent, municipal or other local taxes, water and electricity charges, revenue assessments, maintenance and other charges, interest on any mortgage or other encumbrance, if any, in respect of such land, building and apartments; 4. The Builder is duty-bound to clarify to the Applicant and the Competent Authority the following: (a) That the Builder is not extracting / withdrawing ground water in violation of the Orders of the Hon ble National Green Tribunal, New Delhi dated January 11, 2013; Page 03 of 08

4 Gulshan Saini A-605 Rastogi G-1112 Arya Shukla F-1406 Rohit Nigam G-508 Jai Tewari G-910 Manoj J-202 Shashi D-707 Nishi J-202 Nidhi Ijral G-1307 (b) That the Builder is not using borewells for construction purposes instead of using water from the Sewage Treatment Plants; That the Sewage Treatment Plants is established as per approvals are is functioning on the Project; (c) That NOC from Fire Department, Government of UP has been obtained; (d) That NOC UPPCL (Electricity Department), Government of UP has been obtained; 5. That on 10/05/2016, in our meeting with respected ACEO, Mr. PC, we had also complaint about the illegal maintenance charges and service tax which is being enforced upon us. As per the UP Apartment act 2010 and the Honourable Allahabad High court judgement of Civil Misc. Writ Petition No of 2012 M/s Designarch Infrastructure Pvt. Ltd. & Anr. vs. Chairman, Ghaziabad Development Authority & Ors., until and unless the builder does not get a CC from the competent authority he is not eligible to charge any maintenance money. 6. That vide circular no:175/01/2014-st, of the Central Board of Excise and Customs, Department of Revenue, Ministry of Finance, Government of India, monthly contribution collected by Builder/AOA for the purpose of making third party payments are exempted from service tax, vide SL.no.28(c) in notification No.25/2012-ST ( Annexure 1 attached). 7. That on an inspector from the Dept of Electrical safety, Greater Noida, had visited our society and raised various objections. They have highlighted that the electrification fitments are not secured and are very dangerous (Annexure 2 attached). Last month, just as the demand load increased due to the onset of summers, there were several blast in the main cables of all the tower. 8. That the builder has sold individual flats to two and even three buyers. Various banks have been visiting the society and laying claim to those flats which have already been mortgaged with some other banks. There is insecurity among the residents. The AOA has resolved to file an FIR in this context. AOA has also lodged a complaint with the Economic Offences Wing ( Annexure 3 attached). Page 04 of 08

5 9. That on June 26th when the residents gathered in the society premises to raise their voice against multiple selling and profile funding, goons attacked the residents and gunshots were fired. An FIR has been lodged in this context ( Annexure 4 attached). Gulshan Saini A-605 Rastogi G That the Builder has made several major alterations in the Building plans, which is not as per the original plans shown to the applicant. That the applicant is not authorizing any change in Building plan, specifications and other particulars in the said Project, without disclosing the same to the applicant. As the same is without approval and violative of the scheme of the UP Apartnemt Act, Arya 11. That the Builder has handed over possession of flats to their owners without getting any Occupation or Completion Certificate in place. Shukla F-1406 Rohit Nigam G-508 Jai Tewari G-910 Manoj J-202 Shashi D-707 Nishi J-202 Nidhi Ijral G That the Builder has handed over possession of flats to their respective owners without executing the Sale-Deed, which again is a violation of Stamp Duty to the State exchequer. Because of the said long delay of 2.5 years in executing the Sale Deed with the Applicant, the Circle rates are about to get raised and the applicant will be inconvenienced to pay extra stamp duty, when the applicant is not responsible for the said delay. 13. That the applicant request you to kindly consider granting completion certificate for the buildings where the construction work has been completed; keeping pending the completion certificate to buildings where construction work is still pending completion. 14. That because the Sale Deed has not been executed between the Greater Noida Authority, Builder & the Applicant hereby, the Occupation Certificate & Completion Certificate not been granted to the project as a whole, the Applicant can t apply for Insurance of the flat or of himself due to any accident or mishap being caused due to the Building. The Builder shall solely be responsible for loss of life and property in case of any accident or emergency. Page 05 of 08

6 15. The quality of building material, walls, floors, sanitary ware etc is of very poor quality and doesn t stand the test of quality assurances given by the Builder at the time of buying the flat. Gulshan Saini A-605 Rastogi G-1112 Arya Shukla F-1406 Rohit Nigam G-508 Jai Tewari G-910 Manoj J-202 Shashi D-707 Nishi J-202 Nidhi Ijral G That inspite of our various complaints in your office, no action has been taken. The AOA feels that the GNIDA is not interested in resolving our issues (Annexure 5 attached). In our last meeting on 12/05/2016, yourself had directed the ACEO to conduct a meeting between the builder and AOA members. But till date nothing has happened inspite of our repeated follow ups. ( Annexure 6 attached) In view of the above, I respectfully call-upon you to initiate an enquiry against the said Builder to ensure the violations and contraventions of the UP Apartment Act, 2010, Environmental Act & Water Act etc doesn t not result into mass loss of human-life. The quality of the material, walls etc should be examined by reputed experts and seen if they are upto the mark. Since the Builder has violated the said laws with impunity and GNIDA Authority has not initiated any punitive actions against the said Builder, I also call upon you to kindly show-cause the said Builder and restrain his other projects getting easy approvals from the GNIDA Authority and if need be black-list the said Builder and give it a wide-publicity to the public at large so that the innocent public is not defrauded by the Builder of the GREATER NOIDA Authority. Page 06 of 08

7 Kindly acknowledge receipt within 30 days, failing which I shall be compelled to proceed as per law, at your cost and peril, kindly note. Gulshan Saini A-605 Yours truly, Rastogi G-1112 Arya Shukla F-1406 D. K. () () Copy to: Rohit Nigam G-508 Jai Tewari G The Chief, (Mr. Alok Ranjan, IAS) Government of Uttar Pradesh, Lal Bahadur Shastri Bhavan, UP Secretariat, Lucknow Manoj J-202 Shashi D-707 Nishi J-202 Nidhi Ijral G-1307 Page 07 of 08

8 Gulshan Saini A-605 Rastogi G-1112 Arya Shukla F-1406 Rohit Nigam G-508 Jai Tewari G-910 Manoj J-202 Shashi D-707 Nishi J-202 Nidhi Ijral G-1307 Copy to: 2. The Chief Officer, (Mr. Rama Raman, IAS) New Okhala Industrial Development Authority, Administrative Complex, Sector 6, Noida District. Gautam Budh Nagar Uttar Pradesh 3. M/s AVJ DEVELOPERS (INDIA) PVT. LTD., Regd. Office: AVJ BUSINESS PARK, PLOT NO-C, FIRST FLOOR, COMMUNITY CENTER, ANAND VIHAR DELHI East Delhi DL Through Directors- Shri. Praveen Jain, S/o Sudershan Lal Jain R/o 43/11, Rajpur Road Kothi Under Hill Road, Civil Lines, Delhi. Mukesh Aggarwal, S/o Lt. Daulat Ram Aggarwal, R/o 117, Ram Viahr, Delhi Vipin Aggarwal, DIN no: Pradeep al, DIN no: M/s AVJ Developers Pvt. Ltd., AVJ BUSINESS PARK, PLOT NO-C, FIRST FLOOR, COMMUNITY CENTER, ANAND VIHAR DELHI East, Delhi DL Through the Directors- Mr. Vinay Jain, DIN no: Mrs. Asha Jain, DIN no: Mr. Vipin Aggarwal, DIN no: Page 08 of 08