[Resolved]  Mahindra Lifespace Developers Limited — Non provision of Conveyance Deed after 13 years of formation of Society

Address: Mumbai City, Maharashtra

Mahindra Lifespace Developers Ltd has constructed residential flats in Ghatkopar West. A lot us including myself have purchased flats there. Till date we have not got the conveyance deed which matches what is indicated in the Sale Agreement we signed with the builder. To add to the problems, the builder has without our consent given away nearly 5761 sqmts of land to obtain additional FSI and jeopardized the legality of the buildings by violating the DCR's regarding open space and parking facilities. The loss of land is clearly a violation of the Maharashtra Ownership of Flats Act Section 7 and nothing in the sales agreement can prevent us from exercising our fundamental right to seek legal address if a state law is violated. The details of the case are reproduced in these links with evidence. Mahindra Infrastructural Developers develop a residential property in Ghatkopar and sell flats from 1997 onwards. h http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/05/1997-purchase-...⇄ · http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/15/investigations...⇄ · http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/15/mysteries-of-m...⇄ The sales agreement mentions a land parcel of 32, 463 sqmts of land and 400 flats with a swimming pool, club house with gymnasium and kids play area along with ample car parking. http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/15/mysteries-of-m...⇄ · http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/15/mysteries-of-m...⇄ Mahindra’s build 440 flats in 11 blocks and then hand over part of the land to the MCGM as a Municipal Garden and also promise to construct a Maternity Hospital in the premises in exchange for additional FSI to construct another 40 flats!! · The land area available with the MPCHSLtd ( flat owners) comes down to 26, 702 sqmts!! A reduction of 5, 761 sqmts of land. This would have a market value of at least Rs 120 crore/- according to real estate consultants!! · http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/15/mysteries-of-m...⇄ · http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/15/mysteries-of-m...⇄ · http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/15/mysteries-of-m...⇄ · There is then the possibility of misrepresentation by the builder regarding open spaces available to the flat owners as the letters from the builder evidence… · http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/15/mysteries-of-m...⇄ · Within all this, the role of the Management Committee’s begin to look very mysterious and inexplicable. There is a resolution passed in a Special General Body Meeting in January 2007 to initiate legal proceedings against the builder and that is not acted upon till date, after nearly 6 years!!! · The person who moved that resolution is Mr Ashish Mehta, who is now the incumbent Secretary. He however has a completely different point of view, almost justifying the builder, which he aired to a correspondent from the Economic Times!! · http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/15/mysteries-of-m...⇄ · http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/15/mysteries-of-m...⇄ · Another Management Committee member by the name of Ashok Kheratmal who was also the Secretary of the MPCHSLtd mentions that when he went vigorously against the builder and led a march of the residents to the Police Station, he received threatening calls. The circular he distributed on the 12th December 2009 is a veryuseful document, since it lists all the issues involved. It is an eternal mystery as to why this was not followed through!! It is now 4 years since this note and things have not moved much!!! http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/16/legal-notice-o...⇄ http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/16/legal-notice-o...⇄ http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/16/legal-notice-o...⇄ http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/16/legal-notice-o...⇄ http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/16/legal-notice-o...⇄ http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/16/legal-notice-o...⇄ http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/16/legal-notice-o...⇄ http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/16/legal-notice-o...⇄ http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/16/legal-notice-o...⇄ He mentions in an email to the members in January 2013, that he received threatening calls on more than one occasion.He apparently also filed a complaint at the Police Station. He has since then, gone cold on this issue. In 2010, the builder sent a “proposal for conveyance” wanting the Management Committee to approve the plans to give up the land for a Park and the Maternity Hospital. They also suggested a proposal to allow them to construct a road through the property to connect another plot they were developing with the Mahindra Park main entrance. All of this was rejected by the legal counsel who is also a resident of Mahindra Park. His recommendation that we move legally was strangely not acted upon for nearly 3 years now!!! · Another member by the name of Sudip Narvekar ( Cell Phone XXXX) has gone ahead and filed a case against the builder ( MLDL) and the Mahindra Park Cooperative Housing Society Limited ( Management Committee). He was however forced to move outside and lease his house out to somebody else!! A climate of fear has therefore been created and a culture of cowardice. · http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/15/mysteries-of-m...⇄ · This explains the anonymous tweets and anonymous emails floating around. The tweeter apparently posted offensive messages on Anand Mahindra’s tweeter account!!! · http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/09/signs-of-troub...⇄ · Mahindra’s allegedly have sold the undeveloped plot near Mahindra Park to Damji Shamji Shah Group. There is now fear that this Group may build the road through the property by influencing the Management Committee and since the conveyance is still with the builder, it will be difficult for the flat owners to move legally. http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/16/the-mysteries-...⇄ ENDS