19 people got their sites registered... a lesson for everybody from the 19th registration....
Ravindra Beleyur
Dear all,
1. I presume most of the members in this group are aware that one of the District Forums had passed an order directing Megacity to execute the sale deeds for the site allotted or any other alternative site – for about 25 persons, the State commission in that case had directed the complainants to pay the development charges as of today and finally the National Commission had directed Megacity to register the sites after collecting Development Charges as of 1999 level. This order was passed in the beginning of 2009. Megacity did not execute the sale deeds until July, 2009 and 19 out of the 25 preferred to file execution petitions in July, 2009. If my memory is right, these cases were filed before one of the District Forums sometime in the 1st quarter of 2007. So, it has taken them almost 3 ½ years to get their sites registered! However, these are lucky persons who could get their sites registered and I CONGRATULATE all of them.
2. Now, I am pleased to inform you that Megacity has executed sale deeds in respect of all the above 19 cases. I was a witness to the 19th registration yesterday since my wife Latha happened to be a General Power of Holder for a friend of ours – who is living abroad. Other registrations have taken place more than a month ago. I also would like to share the experiences we have gone and precautions we have taken while getting the site registered for the benefit of all those who have got their sites registered now and for the benefit of other members who might have got tempted to get their sites registered – by hook or crook adopting a short cut method! (I am aware that there are some affected members in this group who have been only watching what is happening without taking any action legally – but preferring to approach Megacity directly to get the sites registered faaast..).
3. Megacity dodged in case of the 19th one - to indicate the alternative site for which they would execute an Absolute Sale Deed even after the first 18 registrations took place. All these 18 registrations I am referring to must have got completed almost 1 or 1 and ½ months ago! At last, they indicated that they would execute the sale deed for site no. 206A in ‘Block’ at Sheshagirihalli(in Suvey no. 15/10). When we came to know about the site no. we definitely wanted to have physical inspection of the site and we visited the spot along with M.C. Krishnappa (cousin of CP Yogeshwar). The site was hardly 1 kilometer from the main road , the approach road was great, there was a good compound built by the site owner at the back of this site – without being damaged by anybody – though the compound must have been built by the owner more than 2-3 years ago, we happily measured the site and we were very pleased! Then we went to Manchanayakanahalli Panchayat and we were pleased to find the khata in the name of Megacity company. We thought there is no need to check anything further. Somehow, I wanted to visit the spot again since I had not noted down the site no. which was behind the site shown and the site which was towards the left of the mentioned site! So, we visited the site again after visiting the Panchayat office. Thank GOD, we met a man who was overseeing the grazing of sheep – at that point of time – just next to the site. Latha started having a casual chat with him and he was very gracious to tell that that particular piece of site along with the wide road in from of the site and neighbouring land belongs to a widow called Jayamma, she was living there in the exact spot and CP Yogeshwara evicted her from that spot using goondas - after demolishing her house overnight just the day before Independence day in 1996 or 1997 and got her signature coercing her and there is a case filed by her. We were alarmed and asked her whereabouts. He promptly told that she runs a Tea shop very much nearby the Manchanayakanahalli Panchayat. Immediately, we went to her Tea shop. She was sceptical initially even to talk to her – but when we told our full story and our concern about not to be fooled again by Megacity – she opened up. We wanted to know the particular survey no. and the case no. , she could not give the details immediately – but promised to give the contact details of the advocate. We rang up the advocate and got the confirmation that there is a case going on in that matter. The next day, we checked the Rejoinder of Megacity given before Supreme Court – in which Jayamma’s case was also appearing under the list of Litigations. We discussed the matter with our advocate and he suggested that let them give the details of the site officially before the court – in writing and then we would take up the matter. In case they confirm the same details in writing, then we would lodge a police complaint and see that the directors are arrested so that they would not again try to fool people like even after getting a decree.
4. We don’t know whether the information of our visit to Jayamma’s tea shop reach or our talking to Jayamma’s advocate reached Megacity, they sent the details of another site No. 297A in ‘E’ Block at Hampapura- to our advocate (not officially before the court!). Our advocate was told that it is a corner site and dimension is a little more than what it should be and they would more consideration blah…blah… Again, we promptly visited the site, measured the site. We observed that the no. of the site was written newly and some kind of work was done newly – which aroused some doubts in our mind. This time, we had ascertained the survey no.(I think it was Sy. No. 33 in Hampapura) in which the site was carved out and knew who was the previous owner of that piece of land. After having the physical inspection of the site, we visited Hampapura village asking for the house of the farmer who had sold the land to Megacity. Unfortunately, the farmer who had sold the land to Megacity had died and his widowed wife was there who could only tell that the piece of land is no more with her name and the farmer’s younger brother’s daughter would be able to tell more details. We went to the farmer’s younger brother’s house in the same village. She could tell us that her father along with his elder brother had received money from Megacity and also from Thimme Gowda since Megacity did not keep up their commitment or something like that. Next day, we collected an RTC (which shows the name of the owner) copy from Kengeri and it was still showing the names of the farmer. Latha did a thorough review of certified copy of the Index Register connected with Hampapura village available at the office of the Sub Registrar-Kengeri(upto 31st March, 2004) and Rajarajeshwarinagar (1st April, 2004 until 2009 – now we have details upto July, 2010) available at the Association’s office. Then, she could come across the transactions of sale of that particular survey no. to Vijaya Bank Housebuilding Association(I don’t remember the exact name now). Megacity had paid the money to the farmer after getting a General Power of Attorney whereas Thimme Gowda has got Sale Deed executed in favour of the Vijaya Bank Association! I could trace the telephone no. of the President of an Association starting with Vijaya Bank and he gave the contact details of the President of Association which had bought the survey no. 33 from the farmer through Thimme Gowda. I asked him whether there is any dispute going on regarding the land in which the site is located and why they have not put any board or something like that in that piece of land so that fooling gullible people by Megacity could be stopped! He told that he himself is an advocate and there is no need for any case to be filed by his association, if anybody has got the site registered until the date of the farmer selling the land, such site owner would not have any problem and they have not put any board stating that the land belongs their association since they don’t have guts to put since they would antagonise CP Yogeshwar!! We communicated this entire matter to our advocate and he promised that he would communicate the same to Megacity’s advocate and get the details of another site!
5. Again, Megacity sent the details of another site through our advocate. Now, it was site no. 112 of E Block in Hampapura in survey no. 29/2. We visited the spot with the same – MC Krishnappa. We also noticed that this site was very much next to the site of V Krishnappa – maternal uncle of CP Yogeshwara – who had got the sale deed done in his favour during 2006 by paying Rs. 25,11,000/-for 80’ X 120’ site - which indicates that the value paid is not that of what a Scheme member would have paid but much more than that. We know about this transaction since the 1st quarter of 2007 – which had actually helped the above mentioned 25 persons getting a very favourable order of getting the sale deeds executed from the Consumer Forum. So, we were very convinced that we need not have to worry about getting this site registered since it is very next to V Krishnappa’s site! Still, we never wanted to miss-out any steps which we wanted to take. We had ascertained that Sri Ranga Setty had registered a GPA in favour of Megacity in 2003 in respect of Survey no. 29/2, 31/1 and 31/2 and we had noted the address of Sri Ranga Setty which was available in the copy of such GPA. I should be very thankful to Sri Chandra Prabhu who had given us copy of this GPA and map of the ‘E’ Block as soon as we came to know about the 1st alternative site offered in ‘E’ Block. We went in search of Sri Ranga Setty’s house in Vyalikaval and fortunately meet him. He aged about 82 years – a retired Science lecturer– very categorically told that he has sold those Survey nos. to Megacity and he has not filed any suits and none of his children can claim any right on that property since it was self acquired property. We felt comfortable. In spite of this, I asked Latha to visit Kengeri office and inspect the Index Register of Hampapur right from 1st April, 1989 (we have details only from 1st April, 1996 at association’s office). After spending the whole day at Kengeri Sub Registrar’s office, Latha could trace the names of the farmers who had sold their lands to Sri Ranga Setty and I requested Mr. Ganesan apply for the Encumbrance Certificate from 1989 until today at Kengeri & Rajarajeswarinagar. Now, it is just a matter of fixing the date for registration and get the encumbrance certificate only for the sake of record – that was the thought going on in my mind. Now, it is just that I have to tell our advocate we are ready for registration!
6. We had been only seeing the map (in which site nos., are marked) which Sri Chandra Prabhu had given to us and we had not compared this with the Certified copy of the BMICAPA layout plan until now. Somehow, I thought of comparing the map I had with the certified copy! I was shocked to notice that site nos. 111(V.Krishnappa’s site!), 112, 113 etc., were carved out of space meant for Park. Latha called up V Krishnappa asking a copy of the original approval for ‘E’ Block for our records so that we could fix the date for registration. Without Latha telling anything else, V Krishnappa told that the site was carved out of land meant for Park and that is not an issue since they would provide space for park elsewhere while getting the final approval! We communicated the matter to our advocate and he promptly sought another alternative site!
7. Finally, details of site nos. 21 & 22 in ‘E’ block (Survey no. 31/2) were given by Megacity. We visited the sites with MC Krishnappa and V Krishnappa. We were convinced about location of the site, access etc., Fortunately, this piece of land was also part of the GPA given by Sri Ranga Setty and as such we did not have to meet the owner from whom the land was bought by Megacity. But, we wanted to meet the farmers who had sold these pieces of lands to Sriranga Setty. We traced the owners in Manchanayakanahalli – when we went to Hampapura village. We talked to both brothers and they told that they have received consideration from Sri Ranga Setty and executed sale deeds in favour of Sriranga Setty. Though there was a temptation from Thimme Gowda for higher consideration, they have not fallen prey to such temptation since they are clear in their mind to keep their commitment. We requested the elder brother to accompany us to confirm whether these sites are in the survey nos. which they have sold. He agreed to accompany us though it was raining heavily and confirmed that the piece of land in which these sites are situated is part of Sy. 31/2 sold by his younger brother. Religiously, Latha did the search of Index Register and Mr. Ganesan got the Encumbrance Certificates and certified copies of the title deeds for sale of lands from the farmers to Sriranga Setty. And at laaaa……….st, we communicated the matter to our advocate to fix the date of registration and finally the sites got registered in the name of our friend. Please NOTE, I had thoroughly gone through the Sale deed before getting the sale deed registered.
8. Megacity gave a demand draft for registration charges paid by friend in 1999 itself and he has to get a DD towards 10% excess paid for the corner site. I do not know whether our advocate would be able to get it without filing any other complaint before consumer forum or not! We need to wait until 9th September, 2010 when the case would get closed at the Forum.
9. Please NOTE, the above work whatever we (Mr. Ganesan, Latha or me) have done is nothing to do with the work of our association but done since Latha happened to be a GPA holder which made me to take utmost care so we don’t fail in our personal commitment to our friend and we have used funds sent by him for this work. I am stressing this since it is impossible for our association to do such work for each and every individual and this work done was purely on personal basis and nothing to do with the association. However, I had very clearly told in the meeting called for the 19 persons for preparing to get their sites registered – that they need to thoroughly get the title of the sites checked before getting the sites registered and it is their individual personal responsibility in which our Association has no capability to capacity to help in this regard – though we have advised not to accept certain survey nos. and sites in certain blocks when the alternative sites were offered.
10. Now, I would urge the remaining 18 members who have got their sites registered to do the following – (on your own to make sure that you are owners of sites with good title):
i. Please check your sale deeds whether all the details are mentioned correctly. I understand from Mr. Ganesan that not many of the members have cared even to go through the sale deed even once! and there are some errors connected with their case nos. You need not be worried if there are any errors. But, you need to get them corrected soon by approaching the advocate.
ii. Please identify the Survey No. in which your site is situated either with the help of the map available or with the help of the concerned Grama Panchayat.
iii. Please go through Index register available at the Association’s office to find out whether there are any transactions in such survey nos. Identify the farmer who had sold the land to Megacity or who has given GPA to Megacity.
iv. If possible, meet the farmer/s to understand whether there are any litigations.
v. You could go through the list of litigations as per Megacity by going through the Rejoinder of Megacity filed before Supreme Court – in Ganesan & others-case – available at Association’s office.
vi. Check the BMICAPA’s approved plan to make sure that your site is not in a Park or in the area meant for Civic Amenities. If it is in such area, you would lose the site today or after 10 years!
vii. Our advocate is still negotiating with Megacity’s counsel to get the cheque/DD for the Registration charges paid by some of the 18 members. If he does not succeed, you may have to file another consumer complaint before Consumer Forum.
I only hope there would not be any issues connected with the remaining 18 sites. But, I suggest you to thoroughly check and be sure about the title.
11. I also urge the remaining 18 members to give Rs. 2,000/-(those members who have not yet paid) each which was agreed by all the members in the meeting to the association – to be passed on to our advocate since he had attended the Forum more than 18 times in the last one and half years )
12. I hope this e-mail would be helpful for others also who may have to get their sites registered – whether it is part of Vajragiri Township Project or otherwise.
13. I have thought it fit to share this after getting the permission of my friend since our experience would be helpful for others.
14. Thank you for your patient reading and I hope this e-mail would be of some help to you at some point of time.
Best Regards,
Ravi
_______________________________________________________________
Ravindra Beleyur,
President,
Megacity(Bangalore) Developers & Builders Limited Site Members Welfare Association(R)
48/3,3rd Floor, 2nd Cross,
1st Main, Royan Circle,
Chamarajpet,
Bangalore - 560 018
India
P : +91 (0)80- 6574 6007 & 080 2666 7592 (Reachable when Mr. Ganesan is in
office)
M : +91 94804 49835 (Mr. Ganesan - Treasurer)
E : vajragiri-townshi...@googlegroups.com
W: http://groups.google.co.in/group/vajragiri-township-affected-members
______________________________________________________________
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PS: Please bear with me if there are any errors since I am not going to read this again since I have already spent almost 2 ½ hours in writing this e-mail on a Sunday evening.
Vidya shankar
I was really shocked to know the kind of tricks this company is playing. If this what can happen to you, what is the fate of others?
I have noted all the steps to be taken by 18 members which may be of use to me in future.
Thanx for mail.
Regards,
Vidyashankar
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Ravindra Beleyur
Dear Dr. Vidyashankar,
I sincerely thank you for your e-mail and for your patient reading of the contents. It did not happen to me – in the sense for my site – my case is there in the first batch of SLP cases in Supreme Court and this happened in case of a friend of mine in which my wife Latha was a GPA holder. I am aware that you are aware of this – I am just stressing the point since a reader who just reads your e-mail without going through the details may come to a wrong conclusions!
With best regards,
ravi
Vidya shankar
Thanx for your reply and clarification and regret for mis-communication, if any. What I meant when I wrote "if this is what can happen to you" was when you were handling this case for registration but surely for others, who have trust in your honesty and ability. Knowing well by M/s Megacity that you cannot be mislead as you take at most care, minutely going through all the documents and cross check the same, if megacity canplay such c grade tricks what will they do to those who ( as you rightly said) wont even read the documents fully, let alone interpreting them and crossing the facts.
Hope I am clear now ha ha ha ha.
Regards,
G.KVidyashankar
Ravindra Beleyur
Best Regards,
Ravi
_______________________________________________________________
Ravindra Beleyur,
President,
Megacity(Bangalore) Developers & Builders Limited Site Members Welfare Association(R)
48/3,3rd Floor, 2nd Cross,
1st Main, Royan Circle,
Chamarajpet,
Bangalore - 560 018
India
P : +91 (0)80- 6574 6007 & 080 2666 7592 (Reachable when Mr. Ganesan is in
office)
M : +91 94804 49835 (Mr. Ganesan - Treasurer)
E : vajragiri-townshi...@googlegroups.com
W: http://groups.google.co.in/group/vajragiri-township-affected-members
______________________________________________________________
The information contained in this email and any attachments are
intended only for the use of individual or entity to which this email is
addressed. This email may contain confidential or privileged information and
may not be used by anyone other than the intended recipient. If you are
not the intended recipient; then any disclosure, copy, distribution or use of
the contents of this email is prohibited. If you have received this message in
error, please inform us immediately.
Ravindra Beleyur
No issues, Dr. Vidyashankar…
Narayanan Krishnan
Ravindra Beleyur
The experience I shared is related with Rtn. Nic Money’s, Sri Krishnan. I thought it fit – not to reveal his name or the dimension of the site.. that is all…