Dear Sir,
Our L.I.G MHADA building is under redevelopment project with Shreedham Builders at Oshiwara link road, Anand nagar, Mumabi and a registerd Redevelopment Agreement dated 18/03/2008 was executed. However several critical clauses are ignored while development work is carried on. Most importantly building is not reconstructed as per agreed DCR rules in the agreement and builder changed it to get extra FSI benefit from MHADA without the knowledge/consent of Bonafide members.
I, being newly appointed Gen.Secretary of our society came to know about some fraudulent acts done by developer on behalf of our society with the convince of some committee members. Therefore I went ahead and dug some documental evidences with the help of RTI.
Consequently I was illegally removed from the post (case pending with Dep.Registrar, Mumbai) at the behest of developer and pre-arranged peoples were alloted the post to help builder.
Currently builder is in command of all act & duties of society with the help of our committee members (who are helping builder with all their Hearts and Soul for the reasons best known to them) and uses his favorite two Trump cards - "will stop rent cheques - will stop work and let you stay on streets if you dare go against me."
1) What can we do to get our well deserve extra FSI benefits apart from agreed carpet area of 350sq.ft as we are owners of the plot (co-operative society) and all kind of FSI is issued only in the name of our society, therfore logically we must share benefits along with builder.
2) Builder have been Signing and also using Duplicate Rubber stamp on the society's letterheads to claim FSI or to communicate on behalf of society with MHADA without any approval /Resolution to do so. What action can be initiated against this fraud?
3) Non of the building plans are presented to nor society is consulted for approval of Plans/Amended plan for reconstruction on the plot which belongs to us. So we are in the Dark as to what is being constructed? and now as we see Entrance to our Elevators of A wing is narrow of only 31" / 36" which is unacceptable to any member.
4) Can this agreement be Challanged as 3 years have passed since its execution?
5) Can i file for Specific Performance Suit with injunction and what will be its implications on our rights and benefits?
Please also inform about any other kind of solution to get our rights and benefits. Also note that I may not be able to bring Members with me as I think that I will individually fight for my own right and benefits as members are scared for their Rents and flats.
Thaking you.
From - Husain Taqvi, Mumbai
9029138866 / 8652094050.