Vatika City residents send legal notice to builder
Residents of Vatika City, one of Gurgaon’s most premium and sought after townships located on Sohna Road, are up in arms against the developer who, according to them, failed to deliver on his promises. Leena Dhankhar reports.india Updated: Jan 16, 2012 01:10 IST
Residents of Vatika City, one of Gurgaon’s most premium and sought after townships located on Sohna Road, are up in arms against the developer who, according to them, failed to deliver on his promises. Around 1,000 families live here while another 450 are expected to take possession in the next few months. Residents say they are distressed by the high-handedness of the builder as most of the facilities promised have not been provided.
Vikas Gupta, general secretary of Apartment Buyers’ Association of Vatika City, said, “We have sent complaints to the senior town planner, Gurgaon, and director general of the Town and Country Planning department of Haryana demanding action against the high-handedness of the developer.”
He added, “We have served a 40-page legal notice to the builder, including their Indian and foreign institutional investors, to take action against the shortcomings, failing which we will initiate legal proceedings in civil, criminal, consumer courts and the Competitive Commission of India.”
Gupta further said, “Against our association’s complaint that the builder has not filed the mandatory Deed of Declaration as specified under the Haryana Apartments Ownerships Act, 1983, that was due years ago, the vigilance department of Town and Country Planning department has ordered filing of an FIR in addition to a fine of Rs 10,000 per day.”
Deepak Uppal, president hospitality, Vatika City, refused to comment on the matter.
According to NL Garg, president of the association, they have been raising issues related to shoddy operations and maintenance services being rendered by the developer’s facility management company, Enviro, for the last 2 years, but it fell on deaf ears.
Despite repeated pleas by the association, the developer continues to ignore their demands.
The maintenance rates in the colony are among the highest in Gurgaon at Rs 3.17 per sq ft.
Residents allege the rates are hiked without any discussion with the RWA and it has been increased twice in the last 18 months. In November last year, the maintenance rates were increased by 38%.
Power back-up charges are also on the higher side at Rs 12.98/KWH.
With the city facing severe power crisis, a resident ends up paying more than R10,000 per month every summer for power charges alone. Maintenance rates account for almost Rs 8,000 per month.
Amongst the unfulfilled promises are a reverse osmosis plant, medical polyclinic, joggers’ track, air-conditioned community hall, ATM, playgrounds, bus shuttle service, burglar alarms, CCTV cameras, access card entry (which is defunct), parking boom barriers (non-functional), intercom system, library and a waiting room for drivers. Residents claim they have been provided a small amphitheatre, the gym and pool are also smaller to what was promised.
They also rue that the developer is compromising on security. “All lifts are not equipped with the mandatory automatic rescue device (ARD). The badminton and basketball courts are built on illegally encroached land owned by the irrigation department,” a resident alleged.
There were separate security guards for each tower till a year ago, but now the number of security guards has been reduced by almost 25%. Now, one guard is appointed to guard seven towers.
The builder has been imposing additional charges towards the automatic tag system aimed to facilitate parking, to set up a sewer treatment plant and install ARDs in lifts.
Residents, however, claim that they have already paid for such systems as part of the capital costs. They alleged that non-payment of dues is leading to severe arm-twisting techniques by the builder who holds back possessions of flats.