Dated: 15th September, 2014
Dear Residents,
Your RWA has always worked for improving the living conditions in our Colony Ardee City and would continue to work towards the betterment of our Colony. Last year on 18th August 2013, the then RWA Governing Body, seeing the pitiful condition of the maintenance of our colony had entered into a supplementary agreement, which was supplementary to the maintenance agreement signed by the individual residents with the Builder of our Colony. The builder had promised to enhance the scope of maintenance services along with the internal security in a time bound manner and this agreement was valid for 6 months. The builder had promised that the living conditions would improve significantly and regular update and review of the maintenance conditions would be done by taking the RWA into confidence. While a lot remained on the paper, only a fraction of what was promised was delivered on the ground.
At the outset we would like to reiterate that we are not against paying a higher maintenance to the builder provided we get better maintenance and value for our money. A quick analysis of the expenses incurred by the builder during the month of April, May, June & July 2014; revealed that the builder is not even spending 30% of the money collected for the purpose of maintenance on maintenance activities. Out of a total of expense of Rs 1.20 Crs shown by the builder it was found that during the last 4 months only Rs 45.67 lacs were spent on maintenance and internal security. Whereas all residents know the situation on the ground of internal security remains dismal. Also the builder hasn’t provided any clue as to where was the money spent which was collected during the 6 months of the supplementary agreement?
While the general body of the collegiums members in its meeting held on 27th July, 2014 unanimously decided to represent to court to quash the supplementary agreement and revert to the previous maintenance charge of Rs 225/- P.M. The Ardee City RWA on 29th August 2014 in the honourable Consumer Dispute Redressal District Forum – New Delhi in Consumer complaint No 157 of 2009 had represented to the Honourable Court that we wish to revoke the supplementary agreement dated 18th August 2013 and also that the builder coerces the residents to pay the maintenance bills by not accepting the electricity bills and also that the builder hasn’t handed over the occupancy and completion certificates to the Residents. The Honourable court had issued the following directions:
- The opposite Party to hand over the occupancy and completion certificates to the Ardee City RWA
- The opposite party to accept the electricity bills without insisting on the maintenance bills
- RWA free to revoke the supplementary agreement dated 18th August 2013 after having a meeting with the Opposite Party i.e. the Builder.
In this regard Ardee City RWA had sent 3 separate letters on 1st of September 2014, to the Ardee management. While the builder has conceded on the point no 2 after an intense struggle by the RWA with the help of Police & Authorities, but to the point no 1 and 3 above the builder hasn’t responded to our letter. The letter related to the maintenance had demanded the following:
“We hereby serve upon you a notice to revoke the supplementary agreement dated 18th August 2013. Also to call upon a meeting with the Ardee City RWA; immediately to decide upon the matter in this regard as per the directions dated 29th August 2014 by the honourable Consumer Dispute Redressal District Forum – New Delhi in Consumer complaint No 157 of 2009. Till such time you should not raise an invoice to the residents of Ardee City on account of maintenance at enhanced rates and continue to raise an invoice on water bill and electricity bill as earlier. You are also requested to present all detailed expenses related to these three items being billed by you separately in this meeting:
- Maintenance charges collected during the last one year starting 18th August 2013 to 31st August 2014 and the money collected from the residents in this regard.
- Water charges collected during the similar period from the residents and expenses incurred on related matters
- Electricity admin and maintenance charges collected and the amount spent on maintenance of the electricity in Ardee City.
- All these items to be clearly discussed excluding the Residency, which is multi story and not part of the Ardee City.
This meeting should be held before 10th September 2014 at a time and date suitable to you at your office in Ardee City, sector 52, Gurgaon, and Haryana.”
However failing to get any response from the builder the Ardee City RWA in its Governing Body meeting held on 11th September, 2014 has decided to deal with the matter in the following manner:
“Whereas you have failed to hold the above meeting with the Ardee City RWA as requested and also raised the maintenance invoices at the enhanced rate of Rs 1350/- per unit. Many residents of the colony were agitated and have decided not to pay the maintenance at the enhanced rates of Rs 1350/-. In this connection the Governing Body of the Ardee City RWA in its meeting dated 11th September, 2014 has decided to deal with the matter, and you are hereby given the following options in this regard:
- Continue to charge Rs 150/- for water bill and Rs 225/- for the maintenance charges. As Rs 225/- is justified as per the expenses incurred by you. In case you exercise this option we would advise residents to continue to pay the maintenance to you.
- During the Governing Body meeting it was also decided to open an escrow account by the Ardee City RWA and till such time this dispute is resolved, the residents would be advised to deposit the charges in this maintenance account. You also have the option of deploying the vendors of your choice, for maintenance and the payment to these vendors would be done from this maintenance escrow account to ensure transparency and till such time the dispute related to maintenance expenses is resolved in a mutually agreeable manner. This would also help in arriving at the logical charge for maintenance.
- In case both of the above options aren’t acceptable to you; we are capable and well prepared to manage our maintenance ourselves. You are hereby advised to handover all the items of maintenance other than the obligatory essential items, which you are bound to provide as part of your licence agreement with the Directorate of Town & Country Planning, Chandigarh without any additional cost to the residents. In this regard it is appropriate to mention here that the residents have deposited security deposits ranging from Rs 25,000/- to Rs 75,000/- with you, which you should transfer to this escrow account maintained for the purpose of maintenance.
You are hereby requested to let us know about the option that you exercise out of the three above on or before 25th of September 2014.”
Residents are hereby advised not to pay the maintenance charges at the enhanced rates to the builder until the dispute related to maintenance gets resolved to the entire satisfaction of the residents. Keeping in view that a significant portion of our residents are tenants and it is generally the tenant’s obligation to pay the maintenance bills, the owners might not support the argument of not paying the maintenance bills to the Builder. And hence the option No 2 was worked out, whereby an escrow account would be opened by the Ardee City RWA and residents would be requested to deposit the money in this escrow account as per the bills raised by the builder. We as of now; until revised downwards by the builder or a solution is found in the form of point no 3 above; don’t want to decide how much should be the maintenance charge.
All Residents are requested to come forward and support and strengthen your RWA in whatever way possible. We are gearing up for a major legal battle and final battle with the builder to address the long pending issues related to our colony. A voluntary group of residents have started a signature campaign on a referendum prepared by the residents, copy of which is available with all the collegiums members and also the RWA office. You are requested to go through the referendum and if you agree to the points raised by these residents then support the initiative by signing and providing your correct details.
Also the membership of RWA has been made simple and easy, you are requested to take the membership of the RWA and be a part of the movement to improve the living conditions in ARDEE City. The tenants can also participate in the signature campaign and the RWA membership on behalf of their owners.
Our Cultural Committee in the initiatives of Mrs Shubhra Bansal, Madhuri Gakher both collegiums members and Ms Bhavana a resident from D-block and other Volunteers are on their way to organize and celebrate Dusshera Festival with Pomp and Show. The team has already celebrated the Janamashtami festival and Independence Day successfully with the participation of lot of residents. Come forward and let us make a statement “We are committed to make Ardee City a better place to live.” We are Volunteers of a Change.
From: All Governing Body of Ardee City RWA, present were:
Mr Arvind Kumar Dr Manoj Khanna Mr Arun Kumar Sharma
President Jt. Secretary Treasurer
Mr P Srinivasan Mr Sanjay Narang
Exec Member Exec Member
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