27th March 2008
MANAGING DIRECTOR
CITY&INDUSTRIAL DEVELOPMENT CORPORATION,
CIDCO BHAVAN,
C.B.D. BELAPUR,
NEW MUMBAI 400614.
SUB: NOT PROVIDING THE CLUB HOUSE AND SWIMMING POOL TO MILLENNIUM TOWERS RESIDENTS FOR LAST 3 AND HALF YEARS.
Dear Sir,
1) Vide letter No.CIDCO /MM/1 M.T/Sanpada/noc/334 dated 13th sap. 2002 Purchaser of Millennium towers, here in after the millennium towers may be addressed as the said society, was informed about the facilities provided in the said society the total sale price and details of apartment. .The said society has 1356 apartments constructed in 4 different types called as A,B,C,and D type.
Facilities assured in the said society by CIDCO
a) Land scaped gardens, play grounds, tree lined walk way/jogging track.
b) Spacious internal roads with adequate lighting and attractive street furniture.
c) Water fountains as focal points at road junctions.
d) Shopping mall
e) AN EXCLUSIVE FULL FACILITY CLUB HOUSE AND SWIMMING POOL
f) Sophisticated security booth with video monitoring facility at the entrance.
g) Two high speed lifts in each building
h) Standby D.G set for essential service.
2) CIDCO had assured the above said facilities in the brochure delivered to each purchaser of apartment in the said society. Most of the purchasers were significantly attracted to club house and swimming pool. So we the occupants were all happy and swiftly booked apartments keeping the best reputation of CIDCO in our mind in order to avail the club house and swimming pool facilities.
3) After having received the allotment letters of all apartments booked by purchasers CIDCO sent a letter vide CIDCO/MM 1 /MT /80003004/136 CIDCO INCREASED THE PRICE OF THE APARTMENT IN SAID SOCIETY WITH Rs. 100 (ONE HUNDRED)/SQ.FT. All the purchasers paid the escalated amount to avail the facilities of CLUB HOUSE AND SWIMMING POOL.
4) When all the purchasers from A4,A5,A6,A7,A8, and A9 buildings paid the entire amount the occupancy of the apartments was prolonged by CIDCO for more then a year and a half. This delay by CIDCO had put several honest purchasers into financial loss and inconvenience by paying hectic rents. However due to facilities provided by CIDCO the purchasers were bearing the financial loss and inconvenience .Purchasers from A4 to A9 started occupying the apartments in millennium towers from April 2005 onwards .At this point of period the construction of CLUB HOUSE AND SWIMMING POOL were noticed at the final stage .Most of the occupants and their family members who are eager in swimming and health oriented were enthusiastically expecting the commissioning of CLUB HOUSE AND SWIMMING POOL. CIDCO officials were constantly approached at various stage about the commissioning of CLUB HOUSE AND SWIMMING POOL. While receiving the ‘AGREEMENT OF SALE AND AGREEMENT’ the club house and swimming pool were at the final stage. Agreement sale para 4 reads ‘Corporation has given inspection to the purchasers of the original building plans and its specifications’. Nevertheless the allotees found the CLUB HOUSE AND SWIMMING POOL are not completed we expected the commissioning of the same in four months time. Therefore the purchasers who were living in rental houses could not afford to wait for another 4 months. The retired employees who were living in company quarters had to occupy the apartment immediately since the main requirement is the apartment and the club house and swimming pool could be availed in expected four months time. When the alottees received the occupancy certificate each member was issued with a maintenance manual that reads as CLUB HOUSE AND SWIMMING POOL ARE ALREADY EXIST. vide page 6 of project amenities. Therefore we were all happy to note that the club house and swimming pool would be available for usage in a very short time.
5) The construction of club house and swimming pool and installation of all fixtures , motors, a Diesel Generator set was exclusively installed for the purpose of club house and swimming pool and all project works were completed in 2005. The expenditure of the said project is the common fund collected by CIDCO from 1356 apartment owners of millennium towers societies. But the entire area is lying unattended for last three years. CIDCO authorities have not taken any initiative to look after the property lying unattended. Negligence and carelessness of CIDCO have led to the theft of the fixtures, doors, electrical appliances ,ceiling material. All glass doors and window pans are completely damaged by thieves . The total damages and theft taken place may cost several lakes. Who will bear the expenses to rectify the damages and who shall compensate the health loss incurred due to non availability of club house and swimming pool ?
6) CIDCO has charged Rs. 5786 ( five thousand seven hundred and eighty six only) as deposit from each purchaser before occupation towards the expenses for maintenance, repairs, management of the building, open areas , compound wall and common facilities as per para 9 page 4 of agreement, 10,000 ( ten thousand only ) for covered parking and Rs. 20,000 ( twenty thousand ) for stilt parking before occupation vide para 2 page 3 of agreement with CIDCO., . Rs. 8000 (eight thousand)for gas connection vide para 26 page 7 of the agreement
7) When the above said amount charged by CIDCO vide para 6,for the purposes and reasons mentioned thereof before occupation CIDCO had not ear marked an amount for membership to club house and swimming pool. Why? Car parking and gas connection are considered to be optional . But purchasers were forced to pay before occupation that too along with final payment..
8) Para 27, page 8 of agreement between CIDCO and the purchaser reads as ‘THE COPORATION HAS PROVIDED CLUB HOUSE WITH SWIMMING POOL AND OTHER FACLITIES SUCH AS GUEST HOUSE, SAUNA,JACUZZY,GYMNASIUM etc. If purchaser desires to avail this facilities by paying a sum as dicided from time to time by the corporation. The club house with swimming pool and other facilities will remain under control of corporation. ‘HAS PROVIDED’ means swimming pool and club house must be available for the use of purchasers and their families. Do they exist with water in swimming pool and health care equipment in the club house? ‘The payment will be decided from time to time’ Has CIDCO fixed any amount for last three years and sent a letter to purchaser as the case of car parking, gas connection and maintenance expenses for Rs. 10,000,8000 and5786 respectively?‘ Club house and swimming pool will remain under corporation control’ How long these two items should remain with corporation control and why?
9) Para 7 page 4”Any open space, lobbies, stair cases common terraces which will remain the property of corporation until the said land building are absolutely transferred to the said company/co- operative hsg. Society when formed. All the said common properties and facilities are handed over to Millennium Towers housing societies except club house and swimming pool. Why? There is not even a single water fountain in the entire millennium towers premises as promised in the agreement .Why?
10) Notwithstanding the CIDCO claims that it has provided club house and swimming pool in para 27 of agreement, physically that exit and practically that are not . This is like Sylock in merchant of Venice is asking a pound of flesh from the merchant for the money he lent who is not in a position to return. But the merchant agrees to give flesh as agreed but not even a drop of blood should drop from his body. Similarly CIDCO may also hand over both without a drop of water and health care equipment in swimming pool and club house respectively.
11) When CIDCO had already charged Rs. 5786 from each purchaser for maintenance and administration of common properties of millennium towers hsg. Societies why corporation had not arranged proper security and safety of club house and swimming pool. Major thefts have taken place from both the places and the property stolen may cost several lakhs and the replacement and repairing work may also cost many lakhs . A) Doors are tampered and stolen B) Glass doors damaged to gain access into club house vital areas. C)Electrical fittings appliances are tampered and stolen. D) Ceiling materials removed and stolen. An expert committee may be able to asses the cost of damages and theft.
12) . .(I, PD.Murthy, 0ccupant of A5/9/5 is a heart and back pain patient and my wife also is suffering from severe back pain and we are advised by doctors to have regular swimming. We had swimming facilities in our earlier quarters where we were staying. We both are senior citizens and we chose millennium towers society mainly for club house and swimming pool facilities. If we get the facilities we may lead a healthier life for another 20 years. But our expectations and assurances seem to be a mirage .Because we don’t see any symptoms to use the club house and swimming pool even after three and half years. Therefore I have for the reason mentioned afore taken this apartment to avail club house and swimming pool facilities. If the society is not able to arrange to function the same within a month society must arrange a swimming pool for myself and my wife with transportation facilities at the cost and consequences of the society My wife’s and my health are deteriorating because of non availability of swimming pool .)
13) The cognizance and the points mentioned from para 4 to 13 categorically establish that there seem to be ulterior motive and CIDCO is to be investigated if it has any malafide intention.
You are kindly requested to note the points and an appropriate action taken within a fortnight. Failing which a legal action may be initiated at the cost and consequences of the CIDCO. Thanking you.
DHANUS MURTHY
BUILDING NO. A5/9/5,
MILLENNIUM TOWERS,
SANPADA,
NEWMUMBAI 400705
COPY TO
Hon’ble Bombay high court,
Millennium Hsg. Society
Registrar of Co-op. Societies
All the purchasers of the said Society.
