Re: Fw: RE: MAINTENANCE ISSUES CW 35 FF MALIBU TOWNE
Raman Sharma
, area development without following norms by expert agencies
--- On Mon, 7/4/11, Krishan Sharma Date: Monday, July 4, 2011, 2:46 PM
From: Krishan Sharma Subject: RE: MAINTENANCE ISSUES CW 35 FF MALIBU TOWNE
To: "Malibu Towne" <malib...@hotmail.com>
Cc: "THAKUR Akshay" <akshay...@thalesgroup.com>
Date: Monday, July 4, 2011, 2:42 PM
To: Wg.Cdr. S.C. Sharma (Retd.),General Manager (Estate),Malibu Estate Private Limited,Shopping Arcade, 2nd Floor,Malibu Towne,Sohna Road,Gurgaon-122018Dear Wg. Cdr. Sharma,MIRF (Regd.) has seen your email of 10.6.2011 in reply to Air Cmdre A.K. Thakur (Retd.) 's email dated 9.6.2011 wherein you say: "You may be aware about the supreme court order which clarifies without any doubt that maintenance charges are payable as per the agreement between the builder and the buyer. No other agency can interfere in this regards. MIRF has got no role to play in this respect....." It is evidently not correct. It is just meant to mislead the residents unlawfully. MEPL is well aware that =1. MIRF (Regd.) is a registered society of Malibu Towne, registered by the Government of Haryana under the Societies Registration Act, 1860 and the Haryana Rules, 2007, with specified AIMS AND OBJECTS and delegation of power by the Registrar of Societies vide Memo No.3021 and 3023 dated 30.10.2009.(a) To seek redressal for fixation of maintenance charges in respect of the properties of Malibu Towne by approaching the various Courts of Law as required.
(b) To seek relief for the Property Owners in getting the sale deeds of their properties registered by approaching the various Court of Law as required.(c) To help improve the state of maintenance of the township and help in providing better environments leading to a better living.(d) To take appropriate action on the matter pertaining to the deficiencies of services, for which the Malibu Estate Pvt. Ltd. is responsible.THUS, IT IS NOT FOR THE BUILDER TO DECIDE WHETHER MIRF'S ROLE IS THERE OR NOT. IT IS THE LEGAL RESPONSIBLE OF MIRF (REGD.) TO GET THE HON'BLE SUPREME COURT'S ORDERS DATED 19.11.2010 AS PER PROVISION OF LAW AND THE CONDITIONS OF THE FLOOR BUYERS' AGREEMENT. AS SUCH, MIRF (REGD.) EXPECTED FROM THE GENERAL MANAGER (ESTATE), MEPL, TO BE JUDICIOUS IN APPROACH AS HE HAS WORKED AS A RESPONSIBLE DEFENCE PERSONNEL DURING HIS SERVICE CAREER.(2) You are well aware that MIRF (Regd.) was a party in IA-19/2008 in Civil Appeal No.550/2003 as an intervener, wherein this case was disposed off by the Hon'ble Supreme Court on 19.11.2010.(3) You are also well aware that the related documents, in proof thereof, along with the certified copy duly notorized, were given to you for implementation of the apex court's orders.(4) You are further aware that you were informed of this fact vide MIRF letter dated 18.12.2010 and 4..1.2011 to implement the orders of the Hon'ble Supreme Court and work out the quantum of maintenance charges as per paras 24 and 25 of the floor buyers' agreement for the services being provided in the plotted land of the township of Malibu Towne as per sanctioned drawing No.MEPL-227 dated 9.7.1997 without any discrimination as these three-storeyed buildings are constructed on E-1 type plots of 275 sq. yards eacg.(5) You confirmed this fact vide your letter dated 7.1.2011 addressed to the President, MIRF, and slept thereafter over this issue.(6) MEPL was reminded vide MIRF letter dated May 1, 2011 but MEPL failed to take any action.(7) Minutes of the meeting drawn jointly by MTRWA and MIRF, were submitted vide MIRF letter dated June 4, 2011 to discuss and resolve the issue. Still MEPL failed to take any action and rather failed to respond with a preconceived mind.(8) A reminder to this effect was issued to MEPL with copies by Regd. Post to the Directors of MEPL, Shri K.S. Dhingra and Shri Sudershan Kohli, vide MIRF letter dated June 27. 2011In the face of the above referred communications, no action has been taken by MEPL and deliberately sleeping over the issue and, thus, failed to implement the orders of the Hon'ble Supreme Court EVEN AFTER THE LAPSE OF EIGHT MONTHS.MEPL unlawfully raised bills of maintenance/upkeep charges for 2010-11 by disobeying the orders of the DT&CP dated 19.11.2009, who had passed his speaking orders after checking the accounts of MEPL, wherein he had observed:that the accounts were mixed up as these were combined for the free/statutory as well as the additional services. He had, therefore, directed MEPL to submit six-monthly audited statements of account to work out the quantum of maintenance/upkeep charges FOR THE ADDITIONAL SERVICES ONLY. However, MEPL utterly failed to accept these speaking orders/directIons of the DT&CP and started raising annual charges arbitrarily at exorbitant rates with threats to the residents that on failing to pay action will be taken.(A) Regarding violation of the licence conditions, the DT&CP had passed speaking orders on 19.11.2009 in CWP No.8750/2009 in compliance of the directions passed on 29.05.2009 by the Hon'ble High Court of Punjab & Haryana, Chandigarh: "During course of hearing, it has also come to the notice of the Departtment that the licencee has sold the plots/houses floor wise, whereas licence was granted only for the development of a plotted colony. This was in violation of the terms of the grqnt of licence for which action may be initiated against the colonizer by STP, Gurgaon. However, since Government has already allowed sale of area floor w3ise, therefore, colonizer is free to get this irregularity regularized by following the new provisions of law. However, this regularisation shall not grant him any immunity from action which will be taken against him for violation of licence conditions in the past."While action by the Government is still in process, but it is a matter of disrepute for a responsible builder/colonizer to show such brazsen attitude towards the residents as summed-up in the email of Air Cmdre A.K. Thakur.(B) It is evident from the Occupation Certificates obtained by MEPL in respect of the houses constructed on E-1 type plots that Mumty has been shown as a building component, whereas the residents have failed to find any such structure on the roof. However, the investigation is in process by the Government of Haryana.YOU ARE ONCE AGAIN REQUESTED, WHILE DISCHARGING YOUR DUTY HONESTLY LIKE A GOOD SOLDIER, TO SUBMIT THE BUDGET ESTIMATES FOR THE UPKEEP/MAINTENANCE SERVICES IN THE PLOTTED COLONY, DULY CHECKED UP BY A CHARTERED ACCOUNTANT, TO ENABLE THE RESIDENTS TO PAY THEIR BILL AMOUNTS IN TIME. IT IS VERY PERTINENT TO MENTION HERE THAT DLF LTD. HAS 3482 PLOTS IN PHASES 1-V ON WHICH TWO OR THREE STOREYED BUILDINGS HAD BEEN CONSTRUCTED IN THIS PLOTTED LAND BUT THE COLONIZER AND THEIR FIVE RWAs HAVE RESOLVED THEIR PROBLEMS AFTER MUTUAL DISCUSSIONS. IT IS NOT UNDERSTOOD WHY CANNOT MEPL RESOLVE PEACEFULLY THIS ISSUE RATHER THAN GETTING FRIGHTENED TO HOLD JOINT MEETINGS WITH MTRWA AND MIRF.Looking forward to an early and fruitful action.With regards,Yours sincerely,RATTAN SINGH
From: THAKUR Akshay <akshay...@thalesgroup.com>
Subject: RE: MAINTENANCE ISSUES CW 35 FF MALIBU TOWNE
To: "Malibu Towne" <malib...@hotmail.com>
Date: Monday, June 27, 2011, 9:10 AM
Dear Sir,
Good work done must always be appreciated. And I can say that for the good effort put in by you in bringing a marked change in Malibu Towne. Therefore, I have decided to pay maintenance charges at the same rate as is being paid by the other plot holders and as directed by MIRF. I have just paid an amount of Rs 7820/- from 01 Apr 2010 to 31 Mar 2012, even if I do not agree with the logic of all three floor owners paying the same amount.
Who ever told you that no other agency can take up the case of Malibu residents in resolving the issue of maintenance charges. Can you kindly send me copy of the Supreme Court ruling which says that I cannot take external assistance and I must pay what had been agreed between me and MEPL. Buyers like me were fooled and blackmailed by MEPL to pay exhorbitant sum of maintenance charges at the time of taking over. Did MEPL tell me at the time of handing over that the flat I had just taken over had actually been constructed on a plotted piece of land. It was MIRF who made us wiser on what MEPL had done to the plots. We had no choice at the time of taking over, as I had just retired and I wanted the house. The same tactics are being played by MEPL again and I am being threatened with dire consequences if I don’t pay what MEPL wants. I am sure these are not the views of a senior Wg Cdr of the IAF of your standing and you are being instigated by somebody. Your predecessors understood the game being played by MEPL, though belated, and left the company. I do not wish the same for you and want you to stay with MEPL and continue to serve the residents of Malibu but with a clear conscience.
Even if punitive action is yet to be taken by the legal authorities on the fraud played by MEPL for selling the houses constructed on plots in CW and WW as floors, you must think with a cool mind. Why should the residents of CW 35 pay Rs 30,000/- PA for a plot size of 275 Sq Yds, when other same size plot holders pay only Rs 3300/- PA, with three stories and a basement and equal or more number of residents as us? Like I said earlier, I had to shell out Rs 10,000/- at the time of taking over, because firstly I was not aware of the game plan of MEPL of making cool Rs 30,000/- every year from the three floor owners, and secondly I needed a roof over my head. And you say we should not ask anybody to represent us to get us out of this mess. However, I am ready to pay any higher amount if you can convince MIRF with proper and authenticated budgetery proofs of actuals. MEPL has avoided to provide this data to MIRF. By pasting a photo copy of some figures on the notice board will not help. Be bold and share this data with us in original and we will honour those figures. For the past six to seven years I have not seen any desire on the part of MEPL to honour this commitment for obvious reasons.
MEPL wants its pound of flesh without bothering to rectify my problems. Your predecessor and you have been constantly reminded of these but not once have you visited or bothered to rectify the shortcomings. You are only concerned about making money for your bosses. Your news letter dated 06.06.11 talks about a new Security Agency. Do you know that on the very same day you changed guard there were two major dacoities in the colony. Why didn’t you issue a News Letter to inform the residents of these thefts so that we could take appropriate safety measures. Your new guards are old wine in new bottles. There was a marginal improvement when you took over as GM of MEPL Maintenance and I was happy. The dogs had vanished from personal floor and club areas. They are back and so are the pigs in the club area and the guards present at these locations say it is not their duty to shoo away these animals. I am certain you yourself are not convinced that by giving the guards motor vehicles and motor cyles, you are improving their competence and efficiency. Then why try and impress us. I am sure you are aware that electric cables at the two tennis courts have been stolen very recently and no effort has been made to replace them. Speed breakers which have recently been constructed on the new roads by MEPL are actually car breakers. Again, I am sure you agree with me but could not convince the bosses that this was not the right design of a speed breaker. You need to see the speed breaker outside Mr DUTTA's house on PD 75 to get the idea.
MEPL takes pride in opening another road between Shopping Arcade and Personal Floors. Do you realise the consequences of opening another entry to this area? I am very certain you do.
You have taken steps to stop water logging at the main gate. But for the past four years, MEPL has not bothered to do the same in front of my house. But you want your money.
With Best Regards,
Air Cmde AK THAKUR (Retd),
Senior Advisor, Air Force
Thales India Pvt. Ltd.
An ISO 9001:2008 Certified Company
Statesman House, 11th Floor, B-148
Barakhamba Road, New Delhi – INDIA.
(: +91-11-43531932/43531800
Fax: +91-11-43531879
Website: http://www.thalesgroup.com
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From: Malibu Towne [mailto:malib...@hotmail.com]
Sent: 10 June 2011 15:25
To: THAKUR Akshay
Subject: RE: MAINTENANCE ISSUES CW 35 FF MALIBU TOWNE
Sir,
I am sorry for the delay.
You may be aware about the supreme court order which clarifies without any doubt that maintenance charges are payable as per the agreement between the builder and the Buyer. No other agency can interfere in this regards. Mirf has got no role to play in this respect .You are therefore requested to clear your dues within the stipulated time.
Thanks and regards
Wg Cdr SC Sharma
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From: akshay...@thalesgroup.com
To: malib...@hotmail.com; meplmai...@hotmail.com
Date: Thu, 9 Jun 2011 13:58:18 +0200
Subject: RE: MAINTENANCE ISSUES CW 35 FF MALIBU TOWNEDear Wg Cdr SHARMA,
I did not receive any response from you to my e mail of 11 March 2011.
I have again received an inflated invoice dated 21 Apr 2011 from your office for unpaid maintenance charges. I had mentioned in my earlier correspondence to you and your predecessor, that unless the maintenance charges are fixed either by Court or DT & CP Haryana, I will be constrained to pay maintenance charges as being paid by other plot holders in Malibu. I have now received instructions from MTRWA/MIRF that Rs 3000/- PA has been fixed as maintenacne charges by appropriate authorities for my first floor house constructed on Plot CW 35. Therefore, for the past ten years (from 01/11/2001 to 31 Oct 2011) my total dues are Rs 30,000/- only. I am sure your office is also aware of this fact. I have already paid MEPL Rs 55,000/- as maintenance charges during this period. Therefore, MEPL owes me Rs 25000/- as refund.
The complaints raised by me in my earlier e mails against maintenance shortcomings by MEPL continue to reman unresolved. MEPL is very prompt in raising invoices, but shows complete disregard to my complaints.
With Best Regards,
Air Cmde AK THAKUR (Retd),
Mob. 9873076008.
From: THAKUR Akshay
Sent: 11 March 2011 17:47
To: 'Malibu Towne'; mepl maintenance
Subject: RE: MAINTENANCE ISSUES CW 35 FF MALIBU TOWNE
Dear Wg Cdr SHARMA,
Thank you for the prompt reply.
I fully endorse what you said in your e mail. Like a good soldier, I have been paying maintenance charges since the beginning. As you may be aware, the first GM Estates was one Mr Vijay CHAWLA. He was proactive and was ready to listen to your complaints and help you and I continued to pay. Problems started when he left MEPL. When I saw you first taking field classes of Security Personnel, I was impressed and hoped that things should improve now.
Yes, we can meet. I do not know where you stay, but if convenient, join me for a glass of beer on Sunday the 13 th at my house. It will be nice if Mrs SHARMA could join.
You could confirm on my mobile 9873076008 or landline 0124 2219096. I will not have access to my e mail.
With Best Regards,
Air Cmde AK THAKUR (Retd),
From: Malibu Towne [mailto:malib...@hotmail.com]
Sent: 11 March 2011 17:27
To: THAKUR Akshay; mepl maintenance
Subject: RE: MAINTENANCE ISSUES CW 35 FF MALIBU TOWNE
Dear Sir,
At the outset I wish to pay my regards to you as well Mrs Thakur and hope you are enjoying your stay at this complex.I would like to meet you and discuss various issues and try to resolve whatever is possible. Stop paying the maintenance charges may not be the solution.
Please let me know the convenient date and time.
Wg Cdr SC Sharma
GM Estate
From: akshay...@thalesgroup.com
To: meplmai...@hotmail.com; meplmai...@hotmail.com
CC: malib...@hotmail.com;Date: Fri, 11 Mar 2011 12:44:59 +0100
Subject: RE: MAINTENANCE ISSUES CW 35 FF MALIBU TOWNEDear Wg Cdr SHARMA,
Welcome to MALIBU TOWNE.
With reference to your office letter 3136/11 dated 04 Mar 11 on the subject of Maintenance charges, I draw your kind attention to the two e mails I had written to your predecessor on 05 Jul 10 and again on 06 Aug 1o. These are reproduced below for your reference.
It seems these e mails have escaped your attention before you sent me the notice. As may be see from my e mail dated 06 Aug 10, MEPL owes me approx Rs 43000/- for fraudulently charging me higher rates of maintenance charges as explained in the e mail. Since the outside walls of personal floors were not painted as promised by MEPL, the same was got painted by the three residents of CW 35 at a cost of Rs 15000/-. Therefore, this cost may also be added to what MEPL owes me.
As far as the maintenace issues which concern me directly, you may see my e mail dated 05 Jul 10. But I need to mention that that you have taken great pains in improving the environ around the tennis courts and the street lights in our row have been made serviceable last week. I hope they last that way. But the other issues remain as they were five years ago.
Kindly ack. Your predecessor did not bother to do so.
With Best Regards,
Air Cmde AK THAKUR (Retd),
From: THAKUR Akshay (DHQ)
Sent: 06 August 2010 17:22
To: 'meplmai...@hotmail.com'
Cc: 'malib...@hotmail.com'; Subject: RE: MAINTENANCE ISSUES
Dear Mr BHARGAVA,
I have just learnt from MIRF that MEPL has all these years been fraudulantly charging us inflated amounts as maintenance charges. The personal floors, as is learnt now from MIRF, were illegally built on land earmarked as 275 Sq Yd Plots for construction of houses. Approval from civil authorities was obtained to sell these as plots, but you quietly went ahead and constructed personal floors on these plots, with the intention of charging separate maintenace fees from the three flat owners. MEPL has laready been censured for this by Diretor Town and Country Planning HARYANA for violating the Act of 1963, which prohibits colonisers from sub-dividing plots in licensed colonies, and it was for this reason, registartion of these flats had been stopped for some time. It is also learnt that some punitive action will be taken against MEPL for this illegal construction and cheating the residents.
If MEPL is charging the plot owners Rs 1.75 per sq yd, irrespective of the number of floors, then why have you charged each personal floor resident Rs 12.17 per sq yd all these years? As on date, I have paid MEPL approx Rs 55000/- as maintenace fee, whereas legally it should have been around Rs 10,000/- to 12,000/- for the nine years I have stayed in my flat. Therefore, you owe me a refund of Rs 43,000/- which has been fraudulantly charged from me.
From: THAKUR Akshay (DHQ)
Sent: 05 July 2010 13:27
To: 'meplmai...@hotmail.com'
Cc: 'malib...@hotmail.com'; Subject: MAINTENANCE ISSUES
Dear Mr BHARGAVA,
If you remember, during our previous meeting in your office in Feb this year to review maintenance related issues within Malibu Towne, l had reminded you again that MEPL had created an ecological blunder by selling for corporate greed the land near the main entrance gate to a coloniser by the name of SPAZE. The land sold to SPAZE was lowing lying and acted as a pond where all surplus rain water from the main road used to collect. I had also mentioned that unless you consturct a strong concrete retainer wall and make arrangements for pumping out rain water from the main road leading upto the gate, you will continue to be faced with overflooding and repeated caving-in of the road. You did not listen to me, and as you are aware, the road has caved in again after just one monsoon shower. One side of the road is blocked again putting all us residents to so much discomfort and risk of life. If one of us gets injured or loses life because of your folly and MEPL greed, you will be held responsible. I had also suggested to you to create a rainwater harvesting system there instead of giving away that land. It just goes to show that MEPL is not sincere in improving the living conditions of its residents.
As desired by you during our previous meeting, I have summarised the pending maintenance issues for your info and action. You had promised to get these jobs done.
1. The road leading from 25 Pine Wood till the beginning of Personal Floor area has not been repaired. Why have you left this portion of the road? You had promised that all roads will be recarpetted during summer.
2. Personal Floors have not yet been white washed/painted from the outside as promised.
3. Power cuts have increased many fold this summer. As learnt, it is not only the shortage of power from DHBVN, but your own distribution system within the colony which cannot withstand the load. Sometimes it is the transformer which has burst or some jointers have given way. I may have to invest in a heavy duty generator for my house if the power condition does not improve and I will insist that the cost of this generator is adjusted against your maintenance charges bill, as and when the charges issue is resolved by the Supreme Court.
4. Street lights do not work during black outs. Is it not your responsibility and obligation to provide street lighting? The light in front of my house has again been unserviceable for the past five months. It worked for a short while after I had complained to you in Dec last year.
5, Water still collects in front of my house after rain and it is difficult for us residents to cross the huge puddle. Any injury due to this to the residents of 35 Block in CW will be attributed to MEPL.
6. There is no sign of the flower beds in Personal Florr area. They have just vanished. The Central Park is still being used as a playfield.
7. Security has not improved. Personal Floor area is still being used as a thoroughfare by villagers. Stray dogs and cattle still roam around freely.
8. Tennis courts are still in a bad shape.
As promised to you, I have listed all the pending issues. Let us see some action from yourside as well.
Warm Regards,
Air Cmde AK THAKUR,
CW 35, FF.
