SUBJECT:- :_ Flagrant Violations of State Laws and Financial Scam in the Redevelopment Project Scam of Refinery View CHS Ltd, by Black Listed Builders of Supreme Court & BMC Mumbai. Patel Engineering Ltd , Plot no 62/63,Maroli Church R C Marg,Chembur,Mumbai-400074.
LIST OF DETAILS:-
NO Survey of flat area carried out before signing and registering the DA. Society Plot area measurement flat carpet area and plot area not certified by society’s Architect & Advocate. ‘No Architect appointed by the society.
No proactive participation of responsible parties.
Discrimination among own society members.
No genuine certified advice from PMC- Advocate. Managing Committee & architect
No Transparency
No general body meeting was called and ever held for the approval of D.A
No Protection available under any state Law.
Developer friendly DA & not society friendly.
Supreme court of India and High court and Co-op court have given judgments to protect the legal rights & financial rights of society members totally ignored by the MC.
Approval of Patel eng ltd on 07.05.2011 in the society office in presence of Mr.Yellary office Dy Registrar M ward
1st draft copy of DA send time in july 2011 discussed with in MC .DA rejected as sent by Patel Eng Ltd around 20pts of clarification were needed This DA discussed in AGM on 15.8.2011 house rejected this DA.
Then came 2nd DA and then 3rd DA boths were rejected.
4th DA came sent to society members some times in January /Feb 2012 members were informed that they can send queries.
Answer on the queries came copies of this send to Society Members
On 01.4.2012 SGM held in society to discuss layout plan send by Patel Eng Ltd . Plan 2 approved .PMC & ADV & Kunal Lala Rep. Patel Eng Ltd were present circular send to society members does not give any information on plan 2
On 07.06.2012 consent taken from some members on approval of DA on plain paper typed ( This copy was given to us by Dr.Kgandagale Pune)
On 10.07.2012 DA signed & registered by the illegal M.C.
On 01.04.2012 2 Members resigned – 2memebrs were coopted so now there are total 4 coopted members in 7 members committee .
This formation of MC declared as violation of sec 129 MSc 1960 by Dy Registrar M ward investigation report dt___ and Addl Regsitrar Pune Dr Khandagale investigated report Dt 25TH July 2013
The contents of this New DA were found to be totally different from the contents of Tender documents & copy of the 4th DA sent to society members
DA Tainted – Doctored Tempered and altered
Complaints lodged to various Govt authorities from time to time
Complaint against increase in area of secretary and Adv Jagtap registered with Dy registrar-M Ward
08.2.2012 Adv N Jagtap in presence of Dr Khandagale.Pune confirmed that he is only representing 7 MC members
All society members had contributed toward his payments .
On 1st week Nov 2012 50% corpus distributed to some society members indemnity bond was signed by these members. No SGM was called for to discuss the contents of the indemnity bond.Even while the final hearing had not concluded with Addl Registrar Pune .
Aggrieved members who were lodging complaints Were declared on anti-social elements these members lodged complaint at RCF Police station,Chembur,Mumbai-400074
The MC hid the fact that the builder Patel Eng ltd is Blacklisted by Supreme Court of India and other govt agencies including BMC –Mumbai for financial golmal.
The 5 year Term of the illegal managing committee expired on 8.6.2013. from 9.6.2013 this M.C is simply caretaker MC with no powers to take any redevelopment decisions as per the information from the Federation of Co-op Societies ,Vikas building,Fort,Mumbai. No election have been held from 9.6.2013.
On 18.1.2014 new plan very different from the plan 2 of 01.4.2012 was gotten approved in the SGM held at chembur Gymkhana AT around 8pm.
No discussion of signed DA. No Architect . No feasibility report. Not honoring government regulatory order. Not honouring Supreme Court & High court Judgments on Redevelopment . Financial fraud and area fraud on fungible FSI. irrevocable license & Irrevocable POA given to builder which is against state laws no discussion held as required under section 79 (A) . misrepresentation of flats area in DA, Unfair trade parcties. the draft of all the relevant documents pertaining to the redevelopment process not circulated to all members.
Government of Maharashtra notification on 6.1.2012 bearing no MH/MR/South-346/2011-B .The committee members who otherwise will be held responsible to make good the loss u/s.73 (1B) of MSC Act 1960 as they have signed the indemnity bond
NO GBM were ever held to discuss every aspect of the work.
Flagrant violation of rules & regulation by the builders – PMC & Advocate.
On 15.1.2014 letters of complaints on fraud send to MC of the Society – the letter was endorsed by Chairman /Secretary .
Till date No reply in writing received
The free fungible FSI 35% totally is missing in the registered DA.this area is siphoned and swallowed by the builder. This is against the state laws. & BMC notification and directives under DCR 2012
The extra area offered 25% is totally missing in the plan send to the society members
The plot area shown in the plan is less than the plot area shown in the DA.
The setback area shown in the plan is less than the setback stated in DA.
This set back area benefit this M.C has gifted to the builder.
No architect – appointed, no feasibility report ,NO Transparency , NO advocate to represent society members.
Signed DA not send to individual members .
NO SGM held to discuss DA- distribution of corpus fund and indemnity bond
Copies of investigation report received from Dy registrar & Addl registrar not send to society members.
illegal levy of charges on Aggrieved members .Managing committee refuses to honour the Dy Registrar M-Ward Judgement on this issues .order dated:_____
Sec 79 (A) violated
Sec 73 (1B) violated
No procedure followed as per state law-co-op law these have been successfully violated.
The society plot area worth around 150 Crores gifted to builder.
SGM of 01.4.2012 declared violation of state law violation of 79(A) .Breach of trust and faith
Irrecoverable license & Irrecoverable POA –NO General body meeting called to discuss this .This is violation of State laws Co-op Laws and BMC Notification and directives .
