Saturday, 29 June 2013

Can Oberoi Realty Ltd be trusted

Dated 22.6.13
Dear All,

Many people have written about engaging in dialogue with ORL. At the outset, we would like to state that if matters can indeed be sorted out through engaging in dialogue that would be the best possible outcome and OSFOA including all flat owners would indeed welcome this possibility.

However, consider this:

1. The issues we are faced with are not new – change in plans without consent, Grande, land entitlement, society formation, parking shortfall, amenity reservation of 7.5% converted to FSI free public parking and Prisma building, inadequate amenities, maintenance account issues, Maxima, VAT, STP, construction quality issues etc. have been raised with ORL by several flat owners, individually as well as collectively many many times over the last two years;

2. Many meetings have been attended with ORL over the past two years – senior ORL officials, particularly, Vikas Oberoi himself, Saumil Daru, Thatagatha Sarkar, Arun Kootian, Sadekar etc. have been approached personally with all these issues many times. Hundreds of emails, letters and even legal notices have been written to ORL and various of its senior officials by flat owners over the past two years;

3. Several verbal assurances have been made by many of these officials, including Vikas Oberoi and Saumil Daru on many occasions;

4. However no action has been seen till date;

5. ORL continues to load new flats into our property and deprive us of our land through Grande/ Prisma/ Maxima (without compensating us for the same), ORL continues to form society including Grande despite owners unanimously opposing it and is illegally attempting to handover and run a society without representation by even a single flat owner from A to F towers of Splendor (by flouting every law imaginable), ORL has failed to offer any solution to address our parking problems or our overcrowded amenities, ORL refuses to render proper account on our maintenance expenses and income generated by the complex, ORL refuses to refund our Vat deposit, refuses to resolve our non -functional STP, failed to provide Mahanagar Gas etc. etc.

6. On top of all of this, Vikas Oberoi and Saumil Daru and any of their other officials refuse to even acknowledge that any of the above is a genuine issue that owners are faced with. They constantly write to us stating that these are all non-issues or give irrelevant and untenable justifications or excuses to each of them. There is absolutely no indication whatsoever that they have any willingness to even acknowledge the existence of these issues, leave alone attempting to offer solutions for them.

7. Under these circumstances, what sort of dialogue can we really hope to have with them?
We are of the view that these emails sent by Vikas Oberoi offering dialogue are really a smoke screen and delaying tactic to buy more time and to distract owners.

8. If Vikas Oberoi is indeed serious about dialogue, he should write to all flat owners offering tangible, real solutions to all our problems/ issues/ concerns, instead of brushing them aside with vague and irrelevant justifications and excuses.

9. One simple example of this is his offer on parking – he has simply vaguely said that there is place to construct extra parking – without specifying how many parking slots can be constructed, where will they be located, how long it would take etc.

We would like to reiterate what was stated at the concluding discussion of the meeting of OSFOA on June 15, 2013 – any dialogue must be conducted in an open, transparent and inclusive manner and not behind closed doors involving a few selected special owners. But the primary pre-requisite for dialogue is that Vikas Oberoi and ORL must show some real intent by acknowledging the problems/ concerns/ issues highlighted to them by flat owners and OSFOA and they should come out with a written communication offering real solutions to these problems.

Until this happens, we have no option but to pursue all legal remedies available to us to enforce our rights and entitlements.

Best Wishes,
OSFOA

Oberoi Realty Vs Oberoi Splendor Residents: NDTV profit:

Tuesday, 18 June 2013

Oberoi Splendor residents together foiled the attempt of Oberoi Realty Ltd's attempt to form an illegal society.

http://youtu.be/6vD61FpQNio


Sunday, 16 June 2013

Concerns about the illegality of ORL in forming society.

On 04/06/13 Oberoi Splendor Flat Owners Association of A 1605,Owner wrote:
Dear Owners,

All of us who have spent thousands of man hours slogging to get our rightful due, needless to mention lakhs of rupees must now assume a business like attitude and not feel guilty of being strict with some owners who themselves never gave a thought that their actions is going to affect thousands of other owners.

Attached is the object of society, please see the main object is to get conveyance of land from the owner of land, all other objects can be achieved in many and any other ways.

So by making a society with Grande we are not only making a big blunder, which is almost impossible to reverse, but also prejudicing our own case in the city civil court.
Needless to mention that  the society is not formed as per law and will be deregistered or wound up sooner or later, why to participate and increase the chaos.
Grande with only 162 flats will become the owner of the land and have same rights as all of us, not in the ratio of their flats, whereas our demand is that Grande should not even set sight on these land.
No benefit of this combined society can outweigh the fact that we will deny ourselves ownership of land worth thousands of crores today, a land for which every month we pay EMI through our nose, a land for our legacy.
Not only that, any increase in FSI should accrue to us and not builder, so many societies today are suffering due to this short sightedness of then owners ignoring this main issue.
Your flat has no value without the land in our name.
it’s not as if this society is not accepted we cannot make society, we can make society as per our rights, so what if its delayed by a few months, we have waited for almost five years since the builder was liable to form society. OC has nothing to do with society formation.
Therefore please think very carefully before supporting this illegal society or people promoting it.

Now going back to the illegality in forming the builders alleged society, please read below points applicable to all promoters of this alleged society called “Splendor Complex CHS ltd.”

1.            Not calling a meeting or informing any owners before making the application of name reservation and conspiring against the rest of the owners by fraudulently preparing this document.
2.            Vikas Oberoi illegally forging and making false forms for the society formation, and despite complaint to both parties (Vikas oberoi and Deputy registrar), both parties in collusion continue to register the society.
5.            The building name is changed in the society registered instead of  ‘OBEROI SPLENDOR’ in the name of ‘Splendor’, which is totally illegal, builder himself posed a condition in the Premises Ownership Agreement that Building name should not be changed, and there are many splendor buildings.
6.            A new building called “Grande “which is not sold to us is included in the society. This building is not part of our complex nor a part in the agreement with builder.
7.            A civil suit no. 1527/2013 is already filed in the city civil court, Dindoshi with prayers to declare this Grande building illegal and form society of A-F wings, promoters are using deputy registrar office to overreach courts and justice by including this illegal building in the society.

Open questions are,
why should any owner support a society with Grande, notwithstanding when he purchased the flat?
why should any owner be a party to the fraud and conspiracy committed by builder and subject themselves to the risk of prosecution.?
why these promoter owners did not attend meeting on 21st April and/or voice their opinion there, rather than do it secretly?
why these promoter owners allow Oberoi Name to be removed from society?

We don’t need to explain to anyone what is the future of this complex when we, our own people are ready to sell it to the builder and why it will not continue when other buildings come up in the vicinity.
All this for some frivolous reason like who will maintain garden and swimming pool?
That builder will do and if doesn’t do (while he will be punished by law) anyone like knight frank will do, why do we feel that money with builder is safe and money given to any of you (who will be in charge of maintenance) will be usurped.
We can elect people, make bye laws and make this transparent if we indeed have to go that path

We have seen that the total cheating, fraud, forgery committed by the builder is to the tune of 850 crores.
OSFOA and many owners have already filed criminal complaints regarding above cheating and for forgery and making false documents for registration of the society.

Regards

OSFOA

Oberoi Realty Ltd efforts to form Illegal society at Oberoi Splendor failed miserably

On 15/06/13 Sudhir Agarwal of D 0806,Owner wrote:

Dear Splendorites
15-6-13 , Its one of the amazing days in the history of OS. It will be remembered for the times to come . I am a NRI and felt for the first time that we are united. It was respectable ladies who took the lead . Hats off to them!!!!!!. Also, I thank to the business persons who left there working to a cause of this great complex. 

ORL is a 100% corrupt organization which all will agree by now. They have not only cheated OS buyers but have cheated the  GRANDE buyers by double ( hope they understand this) . ORL is playing a game which we all should realize at least now. 

ORL has sold the same facilities at exorbitant price to GRANDE who are not eligible at all to OS facilities.  

I request my learned and well educated friends to take this forward in the way they can take it. ORL has been exposed to the the bottom of there working today. 

I hope people realize that we have payed up for what we will never get if its to go as per ORL way. 

We could see today how Suamil Daru(CFO - ORL) , Arun Kotian and Sadekar are nothing more than brokers of ORL and had no answers to any of OS questions!!!!!. They should be publicly prosecuted to be a part of the crime.  As they have committed crime on there individual capacities. 

I spoke to Ms. Sheetal Jahveri ( ORL employee) and she agreed that we are not few but almost all of OS who are fighting for injustice . Vikas doesn't understand simple math it seems, more than 718 people already under OSFOA!!!!!

ONCE AGAIN RETREATING ALL MY LEARNED FRIENDS TO CONTRIBUTE IN ANY WAY THEY CAN TO EXPOSE ORL, FOR THE GROSS CRIMES AND MISAPPROPRIATIONS THEY ARE COMMITTING WITH THE MONIES OF 1296 APARTMENTS OF OS  , 

I am taking up the cause with all NRI's I know for the same .


I will end with my respect extended to all the ladies & gents & elder folk of the society who showed what strength is all about . HATS OF TO THEM AND SALUTE THEM ALL AND SETTING AN EXAMPLE OF WHAT UNITY IS ALL ABOUT. 

Best Regards

Sudhir Agarwal


IBN-Lokmat TV also hits Oberoi Realty Ltd

TV9 coverage against Oberoi Realty Ltd

TV9 has covered the various grievances against the illegal activities carried out by Oberoi Realty Ltd as shared by the residents of Oberoi Splendor, the prestigious project at JVLR, Jogeshwari (E) Mumbai

http://www.youtube.com/watch?v=L5gArKGvjFU&feature=youtube_gdata_player

Letter to Vikas Oberoi by Mr. Cedric Crasto

: On 16/06/13 Cedric Crasto of D 1002,Owner wrote:
Dear Vikas,

This in response to your mail below.

We met in 2011 May in your office, in fact I was a member of the group of customers from Oberoi Splendor that you reassured in terms of the Oberoi name & brand ORL when we expressed concerns over the delay in possession of our flats.

Now 2 years down the line you surely seem to be one from the pack of builders you then referred to as those that bring disrepute to the builder fraternity-Please excuse my blunt honesty but I may add it now seems from the bottom of the pile.

There are number of pending issues in Oberoi Splendor that has left me a very unsatisfied customer.

1. As per our agreement for sale you had stated the society would be named: Oberoi Splendor Society...but now you are naming it Splendor Complex.... Moreover there was never any mention of Oberoi Splendor Grande in my agreement with you, neither was it shown in the annexed plan.
Why are you brushing off "Oberoi" from the name of the complex...it is your legacy...what makes you so ashamed to keep brand Oberoi out of Splendor...........after all it was your flagship project??? You guys have won prestigious awards for it, haven't you?? And now you are disowning it??

2. The STP is absolutely ineffective, it is just recirculating sewage water without any  effect. Your project team & contractors has had a paid holiday during the construction of Oberoi Splendor......... this is obvious from the number of snags your customers have pointed out. I would not like to elaborate but you are well aware of the leakages & other substandard fittings installed in the complex.

3. VAT: You have no business to invest & control my money in a debt scheme without my consent which according to you is the interest component of the VAT (VAT is your liability totally). The money was put under lien in good faith, you hurriedly took the option of liquidating the funds without informing me &  without carrying out proper calculations. 

4. Where are the results of the residents survey you carried out to finalize the society structure? Why was it not shared with Oberoi Splendor residents? Why did you not announce the society structure you decided to form to all your customers from Oberoi Splendor? Why like a petty thief in the dark of night you connived with a few residents to form a society that you very well know that the majority of Oberoi Splendor residents would reject?
 Why don't you have the courage to put to vote the society structure required by OSFOA vs the society structure you are imposing on us for your selfish benefit?
Why did you use my blank forms  to form society when I had clearly written to you that my forms should not be used & to be returned to me. (which I had given under duress & without prejudice to take possession of my flat)

5. No need to repeat the parking story, where many residents have got absolutely inconvenient parking & the deficit visitors parking.

6. Why haven't you provided me an invoice for the maintenance outgoings of my flat since I took possession?? Though you have collected lakhs of rupees from me for the same.

7. Installation of grills: You were  discriminatory for not installing grills in all flats. As I have written earlier, it is not the amount but the principles ORL adheres to that do not seem to exist.

8. You refer to OSFOA as handful of people who spread various canards and falsehoods, whose interests are not aligned with the overall wellbeing of the society (to be read as well being of ORL).
You failed to recognize & address a group of 700+ dissatisfied customers who you repeatedly dodged over 2 years to promote your own selfish interest. Are your hands so big so has to refer your 700+ customers as a small group of trouble makers?? Is Sachin Tendulkar greater than the game of cricket?? 
 You should not for a moment forget that you are what you are today for the trust & confidence  your customers had in you & brand Oberoi. The brand value & public interest that you have garnered over the years is fast eroding due to reasons best known to you.
Going further I may add that you chose to ignore OSFOA & refused to communicate with them,  now your mail below expresses your willingness to meet OSOFA. quote "and I am equally open to meet and discuss with even those people who have preferred to take the matter to the courts of law albeit unsuccessfully till now) and explore all options to arrive at a solution which is in line with your needs"
Have you made any direct communication to OSFOA regarding your desire & recognize them as the legitimate body formed by flat owners of Oberoi Splendor??  
If your intentions are true why don't you provide the solution for the problems you yourself have created & settle the matter amicably once & for all.

9. Lastly our society is a not small microcosm of what the country is going through but more like the Splendor Spring -a group of hard working & law abiding citizens fully aware to their rights and duties and obligations, that have finally decided to wake up & take a mighty, dictorial, evil & corrupt builder  to task.

  I am presently working thousands & thousands of miles away from home in the darkest depths of the Amazon & my wife leaving my 3 school going children at home had to face (with many other residents) the strange muscle men you let loose on your own customers & their families in Oberoi Splendor today.  
Is this civil behaviour??? Are you fuctioning in the Chambal valley??  I am sure your representatives have clearly expressed to you the unprecedented show of the United Splendor Power this morning.....God be with them.

Taking into account the above I feel totally disappointed & let down as a customer. I sincerly hope, though wishfully that you will undo all the actions you have created to regain the splendor that Oberoi Splendor deserves. 
 

 Best Regards,

Cedric J Crasto.
D1002