Allied Infratech Pvt. Ltd. — dissatisfied from maintenance services

Address:	F4/403, Panchsheel Greens, Sector-16B, Greater Noida West, Near Ajnara Homes and Gaur Chowk
Website:	panchsheelgroup.com

Date: 31st august, 2020

Notice

To,

1 m/s allied infratech pvt. Ltd.
G-124, shop no. 5, dilshad colony,
Delhi - 110095 (Herein after referred as “agency”)

Through its representative:
Maintenance manager
Mobile: [protected]
Email: [protected]@panchsheelgroup.com
Maintenance. [protected]@gmail.com [protected]@panchsheelgroup.com

2 m/s panchsheel buildtech pvt. Ltd.
H-169, sec-63, noida, u. P. - 201301
Website : www.panchsheelgroup.com (Herein after referred as “builder”)

Through its representatives:
1. Anuj chaudhary, director
Email: [protected]@panchsheelgroup.com

2. Mr. Deepak jain, ceo,
Mobile no:[protected]
Email: [protected]@gmail.com

3. Ved prakash jha, project head
Mobile no: [protected]
Email: [protected]@gmail.com

4. Ms. Shweta tyagi, customer care executive
Contact no:[protected]/77
Email: [protected]@panchsheelgroup.com, [protected]@panchsheelgroup.com

Complaint

1 that i/we, individually and together have purchased flats (Flat no. Mentioned across resident’s signature) at panchsheel greens, sector 16b, greater noida (West), gautam buddha nagar, up – 201306 (Herein after referred as “society”) that was built by m/s panchsheel buildtech pvt. Ltd., sector-63, noida.

2 that i/we, individually and together hereby submit that i/we are not satisfied with services of agency i. E. M/s allied infratech pvt. Ltd. That is appointed by builder i. E. M/s panchsheel buildtech pvt. Ltd.

3 that i/we, individually and together have been complaining of inadequate and unprofessional maintenance services, improper upkeep of the common areas and deficiency in common services applicable to a group housing society. The executives of agency or builder are seldom available or unable to redress the reported issues. The services are virtually denied to me/us as agency is not maintaining requisite quantity of skilled resources like plumbers, electricians, gardeners, security personnel, pump operators, lift operators, genset operators, receptionist, supervisors, managers, etc. The details in this regards are neither provided to me on demand nor the vacant positions were filled by the agency. The communication to this effect has been made to the builder by me / us / co-residents vide emails dt. December 23rd to 28th, 2018, february 09th to 28th, 2019, jul 03rd, 2018 to 21st april, 2019, 03rd july 2018 to 21st apirl 2019, march 14th to 16th, 2020, 13th april to 31st may, 2020, 29th may to 01st june, 2020, 23rd july, 2020, 17th june to 07th august, 2020, 23rd july to 09th august, 2020, 26th july to 03rd august, 2020, 06th august, 2020, 05th august, 2020, 10th august, 2020 and 11th august, 2020. The builder has now accepted deficient maintenance services by its agency vide its email dt. 10th august, 2020.

4 that i / we / co-residents have been making several complaints since accepting handover for missing lights in common areas, seepage from bathrooms, chipping off of rubble from balconies and its dangerous fall, water clogging in basement, dilapidated children’s park and banquet hall, non-operational fire system, irregular cleaning of common areas and water tanks, entangled electrical wires, frequent and long failure of lift services etc. By emails dt. 20th july, 2018, 13th june to 25th july, 2020, 17th to 25th june, 2020, 26th july – 03rd august, 2020, 03rd august, 2020, 06th august, 2020, 07th august, 2020, 10th august, 2020, 11th august, 2020, etc. Also, may refer to letter dt. 28th april, 2019. Thus, the agency is deliberately not providing services and concealing project deficiency. Further, the builder is frequently changing employees of agency so that my long-pending issues are not resolved. This was reported vide emails dt. April 18-20, 2020.

5 that, the agency was providing the services to the society without any mutual agreement with me/us. It never shared its roles, duties and accountability with me/us. By an online survey report dt. 13th august, 2020, 496 out of 501 no. Of respondents, the residents of the society have expressed dissatisfaction from the services of the agency (Enclosed at annexure-i). Almost 97% of the residents have rated the services of the agency as poor and pathetic. Over a period of two years, i/we individually or together have tried to resolve the maintenance services issues with the builder and agency over several meetings dt. 08th april, 2018, 1st december, 2019, 16th january, 2020, 29th february, 2020, and 12th june, 2020. But, the builder and agency are deliberately ignoring my/our request and not maintaining complaint registration system & escalation mechanism as well as not displaying publicly its complaint resolution status, performance, official’s abilities, duty roster, service completion reports, amc renewal reports, critical activities reports, project deficiency reports, etc., and compromising maintenance services to pocket my/our funds for profiteering. The builder or agency never follows a required protocol and deliberately not keeping complaint mechanisms system and making my / our living at society miserable. The communication vide email dt. February 09-28, 2019 may also be referred.

6 that i / we are aggrieved by the act of builder who vide its letter dt. 27th april, 2017 (Or as applicable in my / our case individually), coerced me / us to pay two years advance maintenance (Amount-1 details available across my signature) to its subsidiary named m/s allied infratech pvt. Ltd.in the letter, there was undue pre-condition that bounded me/us to pay two years advance maintenance charges to the agency to get ‘no dues’ and possession of the flat from the builder. Accordingly, i/we made due payments to the builder to obtain possession of the flat in the society. The communication to this effect was made by emails dt. December 23rd to 28th, 2018 and february 09th to 28th, 2019.

7 that demand for service level agreement / tripartite agreement / replacement of maintenance services with professional maintenance agency by me / us or by co-residents as indicated in the minutes of meetings dt. 08th april, 2018, 1st december, 2019, 16th january, 2020, 29th february, 2020, and 12th june, 2020 as well as by personal emails by me / us / by co-residents dt. December 23rd to 28th, 2018, 12th june, 2020 and july 17th to 18th, 2020 are deliberately ignored by the builder as its representatives always made false promises before me / us / co-residents to resolve the issues in time-bound manner. But problems and critical services remains unresolved / unavailable till this date.

8 that builder and agency failed miserably to undertake suo moto action to ensure safety of all residents of the society. The repeated requests for ard (Automatic rescue device) system within the lifts vide email dt. July 19th to 20th, 2018; cctv cameras vide email dt. November 07th to 13th, 2019, february 17th – 25th, 2020 and 14th february, 2020 as well as non-operational fire system at the society vide email dt. October 06th to 09th, 2018, were grossly ignored. As builder ignored fire safety norms, the residents made distressed request to the district magistrate to intervene vide email dt. 20th july, 2020. An incident was also reported by co-resident in a3 tower where his family got stuck in the lift and no help was made available by agency at that time of accident, this was reported vide email dt. 19th october, 2018. The maintenance agency has failed to undertake regular upkeep of infrastructure as required.

9 that i/we were put to lot of inconvenience by the builder and agency as they were not able to provide seamless continuous services of intercom to the society. Kindly refer to emails dt. 30th september, 2018, 20th january, 2020, 31st may, 2020, 09th june, 2020 and 10th august, 2020. It is essential for communication between the residents and security staff to verify or keep track on movement of outsiders. The absence of intercom services is accountable to unsolicited happenings like intimidation, thefts and accidents within the society.in this regards, the management of the agency admitted its inability vide email dt. 03rd october, 2018 and 31st may, 2020. The maintenance agency has several times changed the outsourced vendor of intercom facility and unable to resolve the intercom issue till date.

10 that i/we are completely dissatisfied with the services of the security agency provided by agency as it has failed in its duties of providing safe and secure environment. Several times, it was reported that guards were untrained and they were not able to check unauthorized movement of outsiders and unknown vehicles in the society. The lapses like theft, unauthorized entry of outsiders/vehicles have been reported vide email dt. 01st october, 2018, 01st february, 2019, 30th january to 16th february, 2020, and 10th august, 2020. The guards were also not trained to operate critical functions like fire safety equipment at the time of emergency and the same was also reported vide email dt. October 06th to 09th, 2018. The security agency also failed to check entry of stray dogs and monkeys in the society that is causing nuisance for a long time. Several times, i / we / co-residents have reported dogs and monkeys dangerously attacking kids, women and senior citizen without provocation vide email dt. 06th october, 2018, august 02nd to 08th, 2020 and 10th august, 2020. But, the agency vide its email dt. 06th october, 2018, expressed its helplessness and inability to resolve and the issues remains pending till this date. The unauthorized access to the f3 tower of the society was reported vide email dt. 14th february, 2020 along with a major security lapse vide email dt. 07th december, 2019 when a boy from outside attempted suicide and died by jumping from one of the tower of the society without he being getting checked by the guards at main gate and tower entry. The builder and agency have compromised the services and reduced the no. Of the security personnel without consulting / informing me / us for reasons in advance.in this regards, the complaints have been made by emails dt. 23rd july to 09th august, 2020, and 17th june – 07th august, 2020.

11 that agency is collecting payment from me/us for electricity on behalf of electricity department and not providing proper bills with breakups of rates, taxes, etc. As prescribed by the department. Rather receipts are provided without mention of the gst number of agency. Further, agency is profiteering the funds by buying a lower capacity connection (1500kw) from the electricity department as compared to the connections distributed by the builder in the society (8000kw) and thus, i / we are suffering by frequent outages and receiving dg supply at higher rates when mains supply is available.in this regards, the complaints were also made by me / us / co-resident vide letter dt. 12th jun, 2020, 19th june, 2020, and email dt. 22nd to 25th may, 2020 and 06th august, 2020. Also, builder till date has not been able to complete the project and left deficiency in the infrastructure including electricity supply system that causes frequent voltage fluctuations to damage the electrical appliances of the residents. The agency is aware of such deficiency of the project but concealing this fact from me/us/co-resident to the advantage of builder. This was also reported to both builder and agency vide email dt. 08th july, 2020, 13th june to 25th july, 2020 but no action has been taken till this date.

12 that at several occasions, the compliances and norms prescribed by government agencies related to waste disposal, water pollution, air pollution, etc. Have been violated by the builder and agency.in such lapses, the builder has been penalized several times and at one occasion also served notice dt. 20th june, 2020 by up pollution control board, greater noida. Also, the agency is violating and collecting gst from residents on payments that are exempted from gst.in this regards, the clarification were sought by residents vide email dt. 22nd to 25th may, 2020, 06th august, 2020, august 12th to 16th, 2020, and august 16th to 17th, 2020 and no satisfactory reply has been made till date..

13 that now the builder has arbitrarily charged maintenance services at the rate of rs 1.80 and rs 1.96 per square feet without informing the effective date of revision of rates and reasons thereof. The change of rates is not acceptable to me as builder or agency is not able to resolve long pending issues related to the society that were communicated vide letter dt. 28th april, 2019, 26th february, 2020, 27th february, 2020, 18th may, 2020, 26th may, 2020, 12th june, 2020 and 11th august, 2020. Instead, the builder through its agency has demanded difference of amount for previous period and advance maintenance charges for next three months i. E. 1st july, 2020 to 30th september, 2020 (Amount-2 details available across my signature) to which i / we disagree as it is not worthy and commensurate to the services received or anticipated services to be received from the present agency of the builder.

14 that builder has also accepted vide email dt. 10th august, 2020, that it is providing the deficient services through its agency and now threatening by same email to withdraw maintenance services after 30th august, 2020. This action of the builder is a fabricated illegal action to create chaos and coercive circumstances to force the residents to fall in to its demand for maintenance charges without a legal agreement once again. Thus, i / we may be allowed to negotiate on the maintenance rates for the period the services remained deficient and were provided without legal agreement. An appropriate mechanism may also be proposed by which the rates of maintenance charges and service level agreement are decided by the representation of all stakeholders and it is based on factual conditions.

15 that i/we hereby demand initiation of handover of the maintenance services to us / residents of the society through our representative association to be formed subsequently. However, before taking the handover, the builder must provide information such that the property of the soceity is free from all encumbrances and no loan or payment is outstanding to the builder or agency on behalf of society and no property or part of property of the society is mortgaged by it or by its associates. Further, builder should also initiate action to complete pending issues related to infrastructure and government compliances and state the expected handover date. The builder may also provide the details of i. F. M. S (Interest-free maintenance security) or any other fund that is collected from residents or held by it as security fund against any services. May also refer to similar requests from residents in this regards by emails dt. 30th november to 21st december, 2019 and march 08-12, 2020.

16 that meanwhile, i/we also demand for replacement of the present agency of the builder with a reputed professional maintenance agency within three months through a transparent and open tender method under supervision of the representatives of residents from all towers selected by voluntary/majority. All stages of the tender process should be completed under supervision of the representatives of the society. After selection of the agency, a tripartite agreement to be executed.

17 that till a professional maintenance agency referred at bullet no. 16 is hired to provide services at the society, the builder may share factual details of expenditure by its present agency on the maintenance services since inception. As the services were inadequate, deficient and without any agreement between me and agency, the maintenance rates shall be decided by arbitration and consensus of majority of the residents so that i / we may find it acceptable. The payment for the next three months or till the professional maintenance agency is hired (Whichever is earlier) shall be made after satisfactory receipt of services from the existing agency as per legal agreement among residents, agency and builder.

18 that till my / our grievances related to maintenance services, long pending issues, upkeep of society, maintenance charges, tripartite legal agreement, and service level agreement are resolved to my / our satisfaction, the builder and agency cannot disrupt any services that are essential for a group housing society without its handover to me/us.

19 that i / we are willing to pay maintenance charges as per the mutually agreed tripartite agreement and service level agreement with the builder and agency at the mutually agreed maintenance rates provided maintenance services are delivered to the satisfaction of me / us and society is kept in good condition. Thus, i / we are not bound to pay any additional levies like delay penalty, etc. If builder and agency is unable to amicably resolve my / our stated issues in time bound manner as communicated by this notice or till the matter is resolved in the court of law. I/we also demand from builder / agency to provide the copy of audited statements of all funds (Up to date) that i /we have deposited as maintenance charges to agency from the beginning.

In case the builder and agency fail to respond to this notice within 14 days from the date of receipt of this notice, i /we, individually or together will be left with no other option but to initiate legal action against one/both the parties under consumer protection act, 2019, real estate (Regulation and development) act, 2016 or any other applicable act and demand legal intervention, recovery o[censored]ndue and unjust charges, legal expenses and penalty for harassment from the m/s panchsheel buildtech pvt. Ltd. And m/s allied infratech pvt ltd.