Sir,
Our society enetered into a redevelopment agreement on 07/09/ 2007 without majority which was challenged by 50% of dissident members. Finally the developer revised the offer in October 2010 by increasing more additional area and corpus fund. This was unacceptable to the dissident members. Thereafter the builder along with the mg. committee appointed an arbitrator without calling a general body and the arbitrator passed an order in April 2012 in favour of the builder. This order was not challed by the dissident members and finally a new builder was brought in to the picture by the dissident members. A joint venture was signed on the bases of a deed of admission dt. 22/09/2012. 17 members out of 34 signed the redevelopment agreement in December 2012 with joint venture on the beses of the revised offer of 2012.
I understant that the Govt. introduced the fungibile FSI of 70% on the built up area and the existing members are eligible for 35% additional area free of charge. But the buiulder with whom we signed consent in December 2012 is not offering any additional area and he is insisting on the revised offer of 2012.
But the members believed the old and new builder and signed the consent agreement in 2012 where in which it is shown as the builder will use 2.70 FSI and at the same time the supplimentary agreement dt.31.12.2012 says the developer shall be entitled to consume FSI with TDR in 1:1 ratio and permissible 35% fungibles area. In one f the clause it is mentioned that all other terms of development agreement dt.7/9/2009 will remains the same and binding on the parties. (This is to avoid section 79(A) of redevelopment introduced by Govt. in January 2007)
Kindly advice me what to do? The society is ruled by mafia like mg. committee and they have not appointed any consultants after passing the resolution in 2010. The supplimentary agreement or the consent agreement is not disscussed in any of the General body.
P.R.Nair
