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Draft of the Protest Letter/Notice Against Ardee (Builder)

by: Manas Tripathi on October 6, 2012, 11:55 am in Latest News

Dear Residents,

Please find below the final draft of letter/notice to be sent to Ardee (builder) and copy to various agencies.

Thanks,

--------------------------------------------------------------

DRAFT:

M/s Ardee Housing Pvt. Ltd.         /       M/s Ardee Maintenance Services Pvt Ltd.;
Ardee Infrastructure Pvt Ltd.                Ardee City, Sect-52, Gurgaon  
Alternate add: 16thFl, Gopal Dass Bhawan, B.khamba Road, Connaught Place, New  Delhi.

Sub: Various problems and issues relating to the colony ARDEE CITY.

Reg:  MAINTENANCE CHARGES IN THE BILL FOR THE CURRENT MONTH @RS.2/-PSF/PSY.

Dear Sir,

By sending the maintenance bill, which is illegal, for maintenance charges @rs.2/- psf/psy (which is an increase by more than 1000% / 10 times), you have committed contempt of Hon’ble Consumer Court vide its order dtd.29.01.2009 in case no.157/2009, Ardee City RWA Vs Ardee Infrastructure Pvt Ltd / M/s Ardee Housing Pvt Ltd, restraining you from increasing it beyond Rs.225/- pm for maintenance and Rs.100/- pm for water. Your Directors having submitted a sworn affidavit to the Court to the effect that they will NOT increase any maintenance charges till the final decision of the Hon’ble Court.

2) That, original contract for the maintenance services is between me and Ardee Housing Pvt Ltd. There is visibly no privity of contract between me and M/s Adree Maintenance Services Pvt ltd, unless notified by the management, especially regarding transfer of assets, including my security deposit, liabilities, responsibilities, accountability.

3) That, repeatedly, we (RWA on my behalf) have taken up various  issues reg pathetic condition of road, sanitation and hygiene, thefts and security, frequent electricity failure with you directly and at various forums before the Police Officers ( DCP / ACP) regarding your intent neither to resolve these issues nor honouring the contract with the residents entered in to at the time of sale of the flat, nor fulfilling the terms of the Licences issued by the DG DTCP, Govt Of Haryana for development of the colony.

4) Since the matter is sub judice before the Hon,ble District Consumer Forum, I AM NOT PAYING THE BILL AMOUNT till final adjudication of the case.

CONSEQUENTLY, YOU MUST RECALL / WITHDRAW THE ‘MAINTENANCE BILL’ IMMEDIATELY.

5) That, after 10 years of handing over possession of the flat to me, the CC/OC for my flat, nor the completion certificate for the colony  have NOT been got issued from the competent authorities.
ALL RESIDENTS ARE SUFFERING AS THE SALE DEED / REGISTRATION IS NOT BEING DONE.

6) That you have threatened me and other residents that you will disconnect the electricity in case of non-payment or delayed payment.

You will face criminal charges and proceedings if ever you commit this act. Be informed that electricity and water are essential services and hence, cannot be disconnected in any case.  

Through this letter I am informing you of my intent to seek legal redressal of the grievances regarding the shabby condition of the colony and enforce fulfilment of the terms of the contract with me regarding maintenance services and other promises made during sale of the flat regarding club, community centre etc as well as fulfil the conditions laid down in the licence issued to you by the DGDTCP for development of the colony ARDEE CITY. Kindly also note that I may also initiate the criminal proceeding against you for your negligent acts, which you may kindly note.

Resident Name:                                                                  Address:

Dated:

C.C: Comm of Police / DCP/ DGDTCP/ STCP/ DHVBN
 


Contact Member  
Membership Type: Owner   Membership No: 1024   Expiring: 3-2015   Gender: Male
Address: C ... Ardee City

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1.Noel Moitra VM (Gp.Capt.Retd.) said on October 6, 2012, 6:11 pm

Friends,
There are some serious flaws in the letter sent to us for signature by the RWA. Please amend them as worded below.
 In the adressees, use M/S Ardee Maintenance Services Pvt Ltd.(de novo) and in Reg: MAINTENANCE CHARGES IN THE BILL FOR THE CURRENT MONTH @RS.2/-PSF/PSY. Remove PSY.
1. Para 1: You and I are nobody to accuse Ardee of contempt of court. Amend the para to read: I was astounded to receive the Maintenance Bill for Sep. 2012 charging me a sum approximating a 1,000% (Tenfold) rise in the standard Maintenance Bill of Rs. 325/- pm. As I understand, this issue is sub judice and you have been restrained by the Consumer Court from making any changes in such Bills and your Directors have agreed in writing to honour the Court Order till such time a verdict is issued. In such case, you have deliberately violated this order.
2. Para 2: The original contract for maintenance services is between me and Ardee Housing Pvt Ltd. What is M/S Ardee Maintenance Services Pvt Ltd. as an entity and what is its locus standi in this case? How have they written to me? There is visibly no privity of a contract between me and M/s Adree Maintenance Services Pvt Ltd., unless notified by the management, especially regarding transfer of assets, including my security deposit; liabilities, responsibilities and accountability.
3. Para 3: A minor typo: in to is one word into.
4. Para 4: Amend to read: Since the matter is sub judice before the Hon’ble District Consumer Forum, I AM NOT PAYING THIS NEW BILL AMOUNT till final adjudication of the case. I am willing to pay Rs.325/- as an indication of good faith. [Make out a cheque of Rs.325/, photocopy it and offer to pay it - Have someone record Ardee Staff’s reaction, using your cell phone.] Delete CONSEQUENTLY, YOU MUST RECALL/ WITHDRAW THE ‘MAINTENANCE BILL’ IMMEDIATELY. You cannot order Ardee to do so. They can send any bill-you fight the case.
5. Para 5: Change ‘got issued’ to ‘obtained’.
6. Para 6: ‘That you have threatened me and other residents that you will disconnect the electricity in case of non-payment or delayed payment’. Change to read ‘You have threatened me that you will disconnect the electricity in case of non-payment or delayed payment’. Please be advised that you cannot do so unilaterally, since both electricity and water are essential services. You could face criminal charges and proceedings if you commit this act.
Amend the last para to read: Through this letter I hereby inform you of my intent to seek legal redressal of my grievances regarding the shabby condition of the colony and enforce fulfilment of the terms of the contract with me regarding maintenance services and other promises made during sale of the flat regarding a club, community centre, etc., as well as fulfil the conditions laid down in the licence issued to you by DGDTCP for development of the colony ARDEE CITY.
The rest is OK.
My personal opinion is that a spate of such letters will be misconstrued by the Court. I would much rather sign a combined petition under the RWA, since they are a body elected by us and are already in Court, fighting this case.
You may, however, do what you think best.
Gp Capt (R) NA Moitra VM



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