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

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