We bought a flat from Karia builders more than 10 years back. We still do not have a housing society handed over by this builder. No election has happened for years for running of the society. we don't know how our maintenance amount is being spent. No system procedures at all. One man kept by the builder takes all the decision and he doesn't seem to have any requirement to take authorization for any capital expenditures. Residents asked the builder to organise a fair election, he straight away refused saying if we insist on changing this person he will stop issuing the cheque. All our accounts are held by the builder. We went to all the possible authorities like police, and even National Commission , PMO. All guide us to the lower courts but here every thing happens as per the builders whims and fancies because of money power. We feel cheated by the builder and also the authorities as a common man doesn't have a place to go and complaint. This is now a major cause of worry and concern. Can any one guide us what can be done in such a scenario.? There was one referendum orders by court to vote for CHS vs Condominium. We had a majority for CHS but the builders henchmen created so much of havoc still we had majority but again the builder kepbon playing his cards and that case is still going on. We there is one case going on against the builder. People have done their best to seek justice but now I seriously doubt the Indian judicial system as people without money or political connections can never get justice.
I have lost hopes. But want to alert other buyers to check the registration documents carefully and never buy from Karia builders.
KONARK INDRAYU ENCLAVE – 1 ,
NIBM Road ,
Pune 411 048
This is a residential complex in South Pune consisting of 10 blocks with 7 floors in each block developed by Mr Mahendra Karia & Directors of Karia Builders & Developers , Pune
WHY IS THEIR CHAOS IN THIS ENCLAVE ?? – Due to multiple ongoing violations of Maharashtra Ownership Flats Act (MOFA) , 1963
1) FULL & FINAL OCCUPATION CERTIFICATE NOT OBTAINED BY BUILDER – DEFICIENCY IN SERVICE & UNFAIR TRADE PRACTICES - There are 154 (One Hundred and Fifty Four) flats owned by 140 Owners, in ten (10) Buildings in the Project. Even though the construction was completed in month of March, 2008 the Builder has not obtained / procured, full and final occupancy / completion certificate from Pune Municipal Corporation for the entire Project i.e. “ KONARK INDRAYU ENCLAVE - 1 ”.
2) BUILDER BUYER AGREEMENT NOT AS PER MOFA , 1963 - The builder buyer agreement at the time of sale of flats is not as per MOFA Act 1963. It does not specify clearly to the prospective resident / flat owner whether a Cooperative Housing Society ( CHS ) or Condominium will be formed. Section 4 of MOFA , 1963 specifically mentions that agreement should clearly state to a perspective flat owner what type of legal representative body would be formed. It has purposely been left extremely vague by the builder. This violates Section 4 of MOFA , 1963.
3) NON FORMATION OF COOPERATIVE HOUSING SOCIETY DESPITE ASSURING TO DO SO – TWO DoDs ENACTED – In 2009 & 2010 despite assurances given by the Builder to the residents /flat holders/ purchasers that he shall form and register Cooperative Housing Society as per the provisions of Maharashtra Cooperative Societies Act, 1960 and the rules made there under 1961, the Builder has registered a “ Deed of Declaration of Condominium of Apartments ” in the year 2009. Without knowledge and information of the residents , another Deed of Declaration was executed and registered in February 2010 and there were certain changes made by this Deed of Declaration to the earlier Deed of Declaration which was executed in the year 2009. This violates Section 10 of MOFA , 1963.
4) PROPER COOPERATIVE SOCIETY (CHS) NOT FORMED TILL DATE –RUNNING ON AD HOC COMMITTEE – On or about 2008-09 , the Builder formed an Ad Hoc Committee of “KONARK INDRAYU ENCLAVE” to look after and manage day-to-day functioning of “KONARK INDRAYU ENCLAVE” and even as on today Ad Hoc Committee formed by the Builders and Developers is in existence and the committee is illegally managing the day to day affairs of the complex. The Builder has not handed over the entire management and the affairs of the Complex to a legal body of residents. This violates Section 10 of MOFA , 1963.
5) CONVEYANCE OF LAND NOT DONE - After almost 10 years on till date the builder / developer has not conveyed the land . This violates Section 11 of MOFA , 1963.
6) NO FINANCIAL AUDIT OF ACCOUNTS - Monthly maintenance of Rs.2.5/- per square feet is being collected by the Builder and it is being kept in different accounts, which are reportedly operated by the Ad Hoc Committee as well as by the Builder. All the outgoings, payments, salaries of the Staff, various Bills, water tanker charges etc. are reportedly paid from the Account without giving any audited accounts of the amounts so collected since more than 8 (Eight) years. This violates Section 5 & 6 of MOFA , 1963.
There are in addition many other issues which are not included in the above write up. Suffice it to say that overall state of affairs in the Enclave leaves a lot to be wanted.
THE WAY FORWARD -
A concerned resident has filed a Civil Suite in Pune while another group of residents have filed a case in National Consumer Dispute Redressal Commission (NCDRC) requesting for compensation. Yet another group is planning to file a civil case praying the courts to appoint a Court monitored body to manage day to day affairs of the Enclave in the absence of any legal body to do so. A police complaint was filed in response to Director General of Police (DGP) Maharashtra Circular dated 1.7.2016 asking police stations to register complaints of aggrieved residents. Yet mysteriously Police has not registered a FIR against the truant builder in the reply received by residents from the Police.