[Resolved]  Rajshree Steels Pvt. Ltd. — Fraud by promoter

Address:

West Bengal

Ref: Premises No. 6B, Kabir Road, Kolkata - 700026

Re: Illegal and unauthorized construction by the owner of the 3rd and 4th floor at the roof and common areas and boundary walls during the pendancy of status quo order by the Ld. Court.

We are the owners of the entire first floor of the premises no. 6B, Kabir Road, Kolkata - 700 026. The said premises consists of 4 floors out of which we own the first floor. The second floor is owned by the wife of the undersigned. The third and fourth floors were once owned by the promoter company, M/s Rajshree Steels Pvt Ltd which they sold off to one Mrs. Usha Agarwal later on. Our Deed of Conveyance further confirms that we are also the proportionate owners (1/4) of the common areas and facilities, boundary walls more fully described in the deed of conveyance together with the undivided proportionate share in the land. We would further like to confirm we have paid and purchased the undivided proportionate share of common areas and facilities and are not a mere user of the same.

For more than 10 years a civil suit is pending between us and the promoters of the premises, M/s Rajshree Steels Pvt Ltd, who then owned the 3rd and 4th floors. During the pendancy of the suit, the said promoter sold and transferred the 3rd and 4th floors to its ex directors who were residing there since the beginning. The said promoter suppressed the said fact from us and also from the court. However, when the said fact came to our knowledge and we informed the same to the court, they stated in a written submission they had sold, received consideration and handed over the possession of the 3rd and 4th floor to Mrs. Usha Agarwal, their ex-director, but the conveyance was not registered and for this reason only they are the owners of the premises.

Since 2002, the said promoter company M/s Rajshree Steel Pvt. Ltd. does not own an inch in the above referred premises. The said fact can be confirmed from their Balance Sheet for the financial year 2002 which shows that they do not own any property which was there a year before. The said Rajshree Steels Pvt Ltd is spending huge amounts of money in fighting legal matters before various forums just to keep the maintenance of the premises in their hands in whihc physically or practically they do not own an inch of space. Not only this, they are now restructuring the entire building, restructuring the entire roof, redesigning the boundary walls by removing the entire old plaster, installing new wiring, etc. It is also pertinent to mention here that they do not have any KMC permission as the said statutory body cannot grant any permission for the same during the pendancy of the status quo order as the KMC are also a party to the suit and the said order is binding on them also. Hence, all the construction being carried out in the said premises is illegal and unauthorized. The relevant portion of the referred order is typed at the end of this letter and any copies/ documents required will be arranged if needed.

Prior to this, many a time, they have removed the common deep tube well, common generator from the premises by force and have also encroached common areas of the building to which we are proportionate owners. It is also pertinent to mention here that the have illegally disconnected our water supply, lift service, etc. Numerous complaints was filed with the police station but all went in vain and no police action was taken. The matter is also referred to the court and has been lying pending for years.

It is not possible without an ulterior motive for a person to get involved in any property which they have sold off 9 years ago and fight legal matters and proceedings for the sole purpose of maintaining the building which is also supposed to be non profitable as one cannot charge anything extra for maintenance. Thus, there is no way they can legally earn any penny from the premises.

It is a legal offence under various acts for a purchaser to purchase a property and not register with the registrar of assurances within 14 days from the date of purchase. It attracts huge fine and penalties. In spite of this fact, the purchaser claims to have not registered the property in her/ their name even after 9 years. The fact is absolutely clear that the purchaser of the 3rd and 4th floors want to keep control of common areas and facilities in her / their end for their own benefit. Thus, with an ulterior motive they have joined hands with the promoter and are harassing us by all means possible to make us succumb to their illegal demands.

On September 4, 2010, i.e., today, few masons wanted to tie a rope in our window for creating a scaffold to which we refused as they cannot do any construction legally or otherwise as there is a status quo order pending. We are the sole owners of our flat, they need our permission to use any part of our flat. Upon our denial, the son of the owner, Mr. Siddharth Agarwal and Mr. Shyam Sunder Gupta, director of the said promoter company complained with the police station and two personnels from the Tollygunge Police Station came at around 11 AM and asked us to allow them to use our flat. However, we have described the fact to the officer and the said officer tried to convince us to allow them to go on with their work. Ultimately, the officers went with the fact that they cannot force us to allow someone else to use our property. However, the said officer has not informed us who has filed the complaint, the residents of the 3rd and 4th floor or the promoter company, the ex-owner of the premises. It is pertinent to mention here that the 3rd and 4th floor cannot claim to maintain any common areas and facilities and the ex-owner cannot modify or restructure any common areas and facilities as they do not have any physical or financial interest in the referred premises as they have received the entire consideration. It is a matter of surprise how the police can entertain such kinds of complaints where they have to enforce others to allow their personal property for someone else's benefit.

It is also pertinent to mention here that the second floor is owned by the wife of the undersigned and together we own 50% of the premises along with undivided proportionate share in common areas and land.

In the past also, the said Shyam Sunder Gupta and Siddharth Agarwal threatened the undersigned and his family that if they do not win the matter and we do not do as they wish they will not let us stay alive. It is also pertinent to mention here that the said Siddharth Agarwal was once arrested and jailed for the suspicious and unnatural death of his own wife at this very premises last year. As a result of this and due to their constant threats we are in a state of shock and are living in fear for our security and lives.

We sincerely request you to look into the matter and take necessary action against the opposite parties.

Thanking You

Yours Sincerely

Rajendra Kandoi


The relevant portion of the Order dated 22nd March 2002 of Ld. 8th Civil Judge (Sr. Division), Alipore

that both plaintiff and defendant are directed to maintain 'status quo' in respect of nature and character of the suit building as on this day as well as user of common areas and facilities mentioned in the second and third schedule of the deed of conveyance till disposal of the suit