Formal request for CZAR project maintenace and security handover from Builder appointed Agency - YG Estates
CZAR AOA (APARTMENT OWNER'S ASSOCIATION)
Dear Mr. Hitesh Goel,
We hope this message finds you well.
We are writing on behalf of the residents of the Czar residential complex to formally highlight ongoing concerns regarding the quality of maintenance and security services provided by the builder-appointed agency, YG Estates.
Despite several meetings and repeated follow-ups, fundamental issues remain unresolved. We outline below the most critical concerns:
1. Recurring Borewell Failures
There have been multiple instances of borewell failures, indicating substandard workmanship and a lack of thorough root cause analysis. No formal breakdown reports, root cause documentation, or mitigation plans have been shared with residents to date.
2. Electrical Infrastructure Safety Risks
It has come to our attention that high-capacity equipment has been connected using undersized cables, posing a significant safety hazard. Notably, a fire incident occurred last year due to overloading caused by these undersized cables. This constitutes serious negligence and requires immediate rectification.
3. Lack of Financial Transparency
Despite repeated requests, residents have not received an audited profit and loss statement related to society maintenance. Instead, an Excel sheet was shared, which contains multiple inconsistencies — including irregularities in the allocation of common area electricity expenses. There is no clarity or transparency regarding the utilization of residents’ hard-earned contributions.
Additionally, our request for a detailed list of installed equipment along with individual power consumption remains unanswered, making it difficult to assess and monitor energy usage.
4. Degradation of Essential Services
Numerous day-to-day maintenance tasks, which do not require extra budget, are poorly managed. Complaints are frequently closed in the NBH app without actual resolution. Lifts are not being inspected regularly, torn signage remains unrepaired, and the overall condition of the common areas is steadily deteriorating. Photographic evidence and complaint logs can be provided upon request.
5. Risk of a Major Incident
The combination of poor maintenance practices and multiple breakdowns—including water supply interruptions, electrical cable fire, and no lookafter deteriorating lift conditions—raises the risk of a serious mishap. This is a matter of grave concern for all residents.
Additionally, during recent discussions, Mr. Nitish Arora indicated that unless CAM charges are increased, YG Estates may withdraw from the project. As you are aware, we received a mail from YG Estates yesterday stating their intention to increase the CAM charges effective from 15th May 2025. Any attempt to increase CAM charges without the formal consent of the Apartment Owners Association (AOA) is unacceptable and contrary to due process.
In light of the above issues and considering that the project is currently under IRP proceedings, we formally request the initiation of maintenance handover from YG Estates to the AOA. The AOA is fully prepared to assume operational responsibilities from a mutually agreed date.
We seek your support on the following actions:
1. Formal transfer of all operational and maintenance responsibilities from YG Estates to the AOA.
2. Complete handover of maintenance records, service contracts, equipment details, and audited financials.
3. Coordination to ensure a smooth and uninterrupted transition of basic services.
We are committed to working collaboratively and believe this transition is crucial for the sustainable management of the complex under the current circumstances.
We appreciate your prompt attention to this matter and look forward to your cooperation.
Warm regards,
CZAR AOA Team
CZAR AOA (APARTMENT OWNER'S ASSOCIATION)
Dear Mr. Hitesh Goel,
This is a kind reminder to address our previous email regarding serious maintenance concerns at Czar complex and the formal handover request from YG Estates to the AOA.
We look forward to your urgent response and action.
Warm regards,
CZAR AOA Team
CZAR AOA (APARTMENT OWNER'S ASSOCIATION)
Dear Mr. Hitesh Goel,
I hope you are doing well.
We are writing to express our concern regarding the attempt by the builder-appointed maintenance agency (YG Estates) to unilaterally increase CAM (Common Area Maintenance) charges at Supertech Czar, despite the fact that the project handover has not yet been given to the AOA.
We wish to bring the following legal and practical points to your attention:
1. Role of AR vs Residents/AOA
The Authorised Representative (AR), appointed under IBC, represents homebuyers' interests before the CoC. However, the AR's role is limited to insolvency-related matters. Operational decisions such as CAM charges, vendor contracts, and daily maintenance fall under the jurisdiction of the Apartment Owners Association (AOA), which is the legally recognized body under state apartment laws.
2. Nature of the Maintenance Contract
Although YG Estates may be functioning under an open-ended or "interminable" contract signed by the builder, this contract does not include the AOA or the residents as parties. As per the Indian Contract Act, 1872, there is no privity of contract, and hence, YG Estates cannot unilaterally impose revised financial terms on residents.
3. Unilateral CAM Hike Clause
Even if the agreement between the builder and the agency allows them to revise CAM charges “as required,” such a clause is not binding on residents who are not party to the contract. Furthermore, under consumer protection and RERA regulations, any financial burden on residents must be reasonable, transparent, and approved through proper representation, which is AOA in our case.
Given that no handover has taken place, and residents have not been included in any decision-making process, the proposed CAM hike is unjustified and non-consensual. The residents are strongly opposed to the increase, particularly in light of long-standing dissatisfaction with the quality of services being provided.
We respectfully request your intervention to direct the builder-appointed agency to maintain the existing CAM structure until either:
* The handover is completed and the AOA is in a position to take over; or
* Any revised structure is mutually discussed and agreed upon with resident representation.
Your support in ensuring transparency and fairness in this matter would be greatly appreciated.
Warm regards,