The Director
Ardee Infrastructure Pvt. Ltd.,
28, Barakhamba Road,
New Delhi – 1.
The Director
Ardee Maintenance Services Pvt. Ltd.,
Gopal Das Tower,
28, Barakhamba Road,
New Delhi – 1.
Sub: Fulfillment of commitments made through brochures/BS Agreement, etc. at the time of marketing the new colony: Ardee City , Sector 52, Gurgaon.
Madam,
Your kind attention is invited to the notice dated 26.3.2014, from the President, RWA, on the above subject. This was a follow-up of the earlier correspondence of Shri T.N. Kaul, former President, RWA, on the same subject.
2. At this stage, it will suffice to reiterate that the commitments made with regard to Community Centre, Club for the residents, school, place of worship, security for the life and property of residents, medi-care centre, have not been fulfilled, and in cases where provided only on office papers, have not been handed over for utilization. Worst of all, the executive club meant for the residents and shown in the location plan given to the prospective buyers, as located near gate No.1, has been snatched from them and is now being misused by you as your site office. The position regarding EWS is equally deplorable, as no such construction has taken place.
3. Similarly, the nine items of maintenance services, such as, security, electricity, water, sewerage, roads, sanitation, etc. have also been mostly ignored for all these years, though the maintenance charges have been increased from Rs.325 to Rs.1686 per month per household, resulting in payment of about Rs.30 lakhs per month at present.
4. This long drawn gross indifference towards the residents is a constant source of insecurity amongst them coupled with uncertainty of safety of life and property, social insecurity even during day time in the form of snatchings, molestation, thefts and burglaries. Even the instructions of the Commissioner of Police, Gurgaon, in the matter of ensuring security for the residents have not received due attention.
5. Another point of immediate and crucial importance relates to the issue of Occupation Certificates to the flat allottees. It is no secret that the provision of such certificates is the codal responsibility of the builder and codal right of the individual to have it, since this is the only document that gives him the satisfactory proof of his ownership of the flat in return for the lakhs of rupees of the life-time savings invested in the flat. Even the High Court has mandated on these lines and laid down the necessary guidelines and the timelines for meeting the requirement. Even in cases where, as per information confirmed with the Town Planning Deptt. , the Ocs have been issued, in a majority of cases, the same is not being passed on to the allottee on one pretext or the other.
6. It is worth bringing to your notice that a very tardy process for the issue of Conveyance Deed is being followed in your organization so that the allottees are forced to pay the transfer fee/charges amounting to lakhs of rupees per flat to your office before the fact of transfer of documents in his name is recorded in your records. In this way, (i) the Registering authority is deprived to lakhs of rupees as registration charges. This is a continuous revenue loss to the Govt.; (ii) the allottee has to shell out huge amount again at the time of Conveyance deed in his name. This involves not only double payment but also more than double harassment and clearly attracts the jurisdiction of the State Lokayukta. You are requested to please set right this mal-practice lest it is too late and the Lokayukta decides to step in.
7. Attention is also invited to the minutes of the meeting of the Deputy Commissioner dated 23.7.2014, circulated by the Senior Town Planner, with regard to the provision of Community Centre/Club in Ardee City and the direction contained therein for immediately starting the construction of the Community Centre. However, since the Residents’ Club already exists, as per the layout plan, but is being mis-used as your office, the same should be handed over to the residents to whom it rightfully belongs, and since the Ardee project funds have been used for its construction. This will greatly relieve the residents, who have, for all these years, been running helter skelter to hold any social/family functions.
8. You will kindly appreciate that the residents have fulfilled all their obligations, e.g. have paid lots of security deposits as demanded, the EDC and the IDC, etc. even by exhausting all their life-time savings. This gives them the right to claim return commensurate with these obligations. The level of indifference on the part of the builder has reached such a crescendo that the State Government has been forced to intervene to take matters in their hands and the Deputy Commissioner and the Lokayukta have started issuing instructions to the defaulting builders. An example of callous indifference is that even a small patch of land in Ardee City has been denied for setting up an ATM or for setting up a part-time honorary medical consultation room by a retired/serving medical professional, for the benefit of one and all.
9. This may kindly be treated as one more and final notice for immediate remedial action on your part to avoid any legal or police interventions in keeping with your own words Court and Cop later – First Solution through mutual negotiations. As such, we shall only too happy to discuss all the points with the person competent to take a final decision in your organization.
Thanking you,
Yours faithfully,
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(Arvind Kumar Sharma)
President.
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CC to: 1. The Deputy Commissioner, Gurgaon.
2. The Lokayukta, Govt. of Haryana.
3. The Commissioner of Police, near Mini Sectt. Gurgaon.
4. The Director Town Planning, Chandigarh.
5. The Senior Town Planner, Sector 14, Gurgaon.
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CC to: 1. The Deputy Commissioner, Gurgaon.
2. The Lokayukta, Govt. of Haryana.
3. The Commissioner of Police, near Mini Sectt. Gurgaon.
4. The Director Town Planning, Chandigarh.
5. The Senior Town Planner, Sector 14, Gurgaon.
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