benefits fungible FSI redevelopment co operative housing society
Can developer swallow our TDR FSI and give maximum fungible FSI which is free of premium to existing members and part of TDR FSI. Plus Developer is swallowing our existing balance FSI of 851 Sq Ft. total comes to 2150 Sq Ft + 850 Sq Ft=3000 Sq ft carpet. = 40,000 Rs/ sq Ft so total fraud and cheating of 12 Crs. rupees. by developer and managing committee of our housing society.
In year 2009 developer has given the proposal to take TDR FSI benefit and to redevelop the building where PMC was hired but M20 Bond was not submitted by committee so all managing committee is dissolved. (Proposal was 30% extra carpet area on and above existing carpet area + 60 Rs. Rent / Sq Ft. and 1750 Rs / sq ft corpus fund or hardship fund)
In year 2010 after six month new managing committee is formed and same developer came and same PMC was used and same developer has given same proposal and he got selected again. ( Fishy) (Proposal was 30% extra carpet area on and above existing carpet area + 60 Rs. Rent / Sq Ft. and 1750 Rs / sq ft corpus fund or hardship fund)
In year 2011 Special AGM is called and Dy registrar came and the same developer is selected with same old proposal which was given in the year 2009. No change of proposal. (Proposal was 30% extra carpet area on and above existing carpet area + 60 Rs. Rent / Sq Ft. and 1750 Rs / sq ft corpus fund or hardship fund)
In year 2012 January New DCR came into effect and Fungible FSI rule was formed in which Govt. will give Fungible FSI of 35% to existing members free of cost. So it comes to 65% Extra Area.
In year 2013 March managing committee has signed the Development agreement with the developer with same old proposal which was given in year 2009. (Proposal was 30% extra carpet area on and above existing carpet area + 60 Rs. Rent / Sq Ft. and 1750 Rs / sq ft corpus fund or hardship fund at vile parle East area where rate for corpus is 3000 Rs/ rent is 100 Rs/ Sq Ft and extra area comes to 48 to 53% on existing carpet area)
In year 2014 march 18th developer has submitted the plans to building proposal department bandra and we came to knew about that developer is giving only 9% benefit of TDR FSI and 22% of Fungible FSI benefit ( Carpet Area).
In year 2014 June 30th developer again changed the calculations and where developer is utilised our extra FSI i.e. 80 Sq meters which comes to 800 sq ft. which is society members benefit but developer has taken for his consideration in the plan. ( so developer and managing committee is swallowing and mismanaging the society members rupees of about 17 crores of rupees in terms of TDR FSI benefit and Extra available FSI benefit of the existing members ) which is fraud and cheating by managing committee with the existing members.
We have complained to BMC building proposal department about the same points but no reply from their side till date. We are complaining to everyday to chief minister and co operative housing department municipal commisioner about the same issues but no answer yet.
Development agreement is done in year 2013 March. signed by secretary, treasurer and chairman.
Individual agreement is just done with 9 members of society and 6 members are pending. Rent cheque is given to 13 members out of 15 members.
Coz we have seen that due to money crunch developer may not be able to give rent and may stop the work in future then who will be held responsible as there are examples of several developers who has constructed many buildings but now also due to financial bad situation they are not able to pay the rent and not able to construct the building. We have several relatives who has gone through that.and they are paying the rent from their pockets. Pls. help us not to have again this kind of situation with us..
NOW WE ARE FACING BLACKMAILING from BMC NOTICE OF 354. c1 CATEGORY with the help of developer who has never constructed any building in his life. And committee members are giving.
Developer has submitted the plan without our consent and there is clear violation of Govt Directive and Maharashtra Govt. new DCR.
1) Loss of stamp Duty income of govt maharashtra by the Developer by not calculating fungible FSI Premium Charges while paying stamp duty on 25th april 2013 at bandra andheri -4.
2) Loss of 12 Crs. Rupees to Kulswamini CHSL members. Where Developer is swallowing the existing society member’s benefit of TDR FSI 30% and giving the free premium fungible FSI benefit of 21%.There is balance extra FSI of 1750 Sq feet of the society that benefit is also not getting to the society members. From year 1985 letter by Town planning department. This is also 8 cr. rupees loss to Society members.
3) Credibility of the developer. - 3 years Balance sheet of Developer i.e. Vastu Developer and references of work which he has done for redevelopment of Housing society earlier. Our society committee members are not giving us this information’s We have to have work references of the developer in writing. This is also our right to know the builder work. Before giving anything We request you to give us this information from the developer so we can be safeguarded. Coz its our life earned money.The developer must be told to give his offer of the cooperative societies where he has undertaken redevelopment work with the information as (a) Date of offer , (b) Area constructed , (c) Date of Acceptance of offer (d) Date of receipt of IOD (e) Date on which the last member vacated the premises ,(f) Date of receipt of occupation certificate (g) Date of receipt of the building completion certificate ,(h) Income Tax return of developer and his partners, directors
4) In Development agreement it is mentioned in clause F and G i.e PMC and society short listed the offers by examining the background (No Back ground of Developer as he has not Constructed any Building in his entire life. Do give us the 3 written References of work done) , Financial ability ( Kindly submit 3 years balance sheet to understand financial ability which we have asked but till date they have not submitted to all members ) Previous record and commitment to use standard materials. which they have not submitted any documents to us which shows the credibility of the developer as a member we have right to have this information before committing on anything and after that we have found out from online building proposal department and got the building proposed plan where developer is giving only 9% benefit of TDR FSI and about 21 % Fungible Benefit to existing member i.e (Free premium to existing members).
5) We are 15 members society. Out of which 5 are committee members. 2 members are out of India. 4 members are challenging about the fraud happened in society for 17 Crs. Balance 5 members are senior citizens.
It has also been noticed that Developers, due to sudden liquidity crunch or improper planning, drop the project half way or the project is badly staggered and the paucity is worst affected to the members of the Society for long, may be years. Such Builders stop the further payment of rent for the alternate accommodation hired by the members or offer any monitory compensation for the delayed period.
The members, at later date face the financial vulnerability due to such breach of trust and unfair trade practices by the Developer. It has been often noticed that during the process of redevelopment, the terms of Development Agreements as agreed upon, are later twisted and grossly violated by the Developers and the ground rules of MRTP and DCR by unlawful planning are flouted.
What is the legal procedure to fight and get our rights.