Residents allege builder has stopped them from forming society despite completing 100% possession, while builder says full possession has been completed only in one building
The Bhavya Supreme annex in Parel has a total of 37 flats. Pic/Datta Kumbhar
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The residents of Bhavya Supreme Annex in Parel moved into their homes there close to a decade ago, but they still haven't been able to form a housing society, all because of their builder, New Look Constructions Pvt Ltd.
According to the residents, the builder has not allowed them to form the society despite completing100 per cent possession of flats in 2011 and the recent formation of a building committee. "The building was developed in 2008 and most of us got possession by 2009," said Rajesh Morparia, who is also the treasurer on the committee. The annex building has a total of 37 flats, and Morparia has 36 sale agreements and signatures with him, the remaining one is of the builder.
Paying for everything
Morparia further alleges the building complex was not being taken care of from 2010 to 2014 even though residents were paying maintenance dues. They stopped paying him later on. "We stopped paying him because he never gave us any bifurcation of the expenses incurred, or even a bill. That's why we stopped paying him. We have to pay for the sweepers, CCTV, intercom and even get a cabin built for the watchman," he said.
When mid-day visited the building, we noticed that right at the entrance of the gate was a telephone booth which restricts entry of vehicles. In addition to this, the path becomes narrower as one goes into the building, making it harder for vehicles to pass smoothly in case of an emergency.
FIR lodged
What stood out most was the building's so-called office, which was nothing more than a small room located under the first floor staircase on the ground floor, probably the size of Harry Potter's cupboard under the stairs. Another resident of the building Ashwin Darge said: "We even got an FIR lodged against the builder in 2016, but the officials say it is a civil matter and there is not much that they can do."
Morparia also alleged that of late, when residents tried to get in touch with the builder, there was no response. "Come to the table and we'll pay you in one go for whatever maintenance you want - but give us an assurance that you will let us form a society," said Morparia.
The other side
When mid-day reached out to New Look Constructions Pvt. Ltd, we were redirected to Bharat Shah, an authorized signatory of the firm. "According to the new MOFA Act, we have not reached the percentage of flats required to be sold, therefore no society can be formed. The 36 flats that have been sold are just in the B wing of the building," said Shah. According to him, the two buildings, Bhavya Supreme and Bhavya Supreme Annex, are actually part of the same complex. "A lot of flats have to be sold in the A wing. One hundred per cent of B wing might have got possession, but A wing is still left."
Bhavya Supreme and Bhavya Supreme Annex are located right next to each other, but have different entrances, car parks, water tanks, and privileges such as gym pool, etc.
He also stated they'd filed a counter complaint against all the residents. "They paid maintenance only from 2009 to 2011. After that, we have not received a single rupee. Yet, we are maintaining both lifts, paying the electricity and water bills and taking care of any repair or painting work and paying the cleaning lady and the watchman. What more can we do?"
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