Must Read Article about VIJAYSHANTHI LOTUS POND PROJECT
PLIGHT OF AN INNOCENT HOUSE OWNER AND A SENIOR CITIZEN WHO HAD LOST HIS HARD EARNED MONEY EARNED OVER A PERIOD OF HIS 35 YEARS OF SERVICE.
Bought a 2 bedroom flat in the Lotus Pond premises from M/s. Vijayshanthi homebasics(P) Ltd 20/43, Kasturi Rangan salai, ( Near Russian culture centre) Alwarpet, Chennai 600 018 at a cost of Rs. 30.43 lakhs.
In this aishwaryasingh23ment of 30.43 lakhs the following were breakups
Basic rate @3000/sq ft for 831 sq ft 24.93 lakhs
STP 0.75 LAKHS
CORPUS FUND O.15 LAKHS
M.E.S 0.50 LAKHS
COVERED CAR PARK 2.00 LAKHS
Maintenance charges 0.299 lakhs
SERVICE TAX 1.104 lakhs REGISTRATION 0.544lakhs
Legal documentation 0.15 lakhs In this, STP is still to be provided. Covered car park being in stilt area and not covered under FSI not to be charged. Some litigation is going on between the builder and service tax dept and hence service tax collected has not been paid. Maintenance charge is not applicable since common amenities are not completed and second lift is not installed at all.
Possession handed over on paper on 17/09/13. Sale deed registered on 13/06/13. Tripartite agreement signed on 16/04/13. We performed Grahapravesam on 28/08/13. On the Grahapravesam day itself, I and my wife got stuck up in the faulty lift for 45 minutes and were rescued by the maintenance staff. All relatives, purohits, elders had to negotiate 8 floors by steps. Blessing day turned up to be a cursing day.
Again on Shastiaptha poorthi day both of us got trapped in the lift for 25 minutes. No power back up is given to the lift. Frequent break down found people getting struck up in the lift creates severe tension in our mind. Even after 22 months of handing over possession second/service lift is not installed.
CCTV cameras and door access system are not commissioned creating security hazard. One day a bike was stolen from our tower. Frontage CCTV cameras could not be played to find out who has stolen. When after lot of efforts it was traced it was in bits and pieces. On other day there were lot of broken liquor bottle pieces in the front entrance. On that day also we were not able to locate the culprits since CCTV cameras were faulty. At present if anything happens it is very difficult to trace the culprits. There is no STP installed so far. Frequently sewage water overflows in the pathways creating health hazard. There is no NOC obtained from Department of EnviTestingronyent & forest. National Green Tribunal Principal bench in its recent judgement dated 7/07/15 has held that post facto approval is not legally valid and has held not to create third party interest in such a scenario. It also does not rule out demolition of such building if found disturbing the Eco system. Hence any day our building is liable to be demolished.
No enviTestingronyental clearance obtained. There is no TNPCB NOC, or approval. There is no fire and rescue department NOC obtained. DTCP order dated 10/09/09 clearly says planning approval by MLPA and local authority should be given only after obtaining NOC from fire and safety department. In spite of that MLPA and local authorities have given plan approval. Hence plan approval given itself is at stake.
There is no completion certificate obtained which is mandatory. Hence the building is not legal. We are concerned with the continued possession of property. Building Constructionguru30 is of poor quality. There are cracks on the walls within 2 years of Constructionguru30. Door frames are getting dislodged. Ventilators and windows frame have not been plastered. 80% of corridor and street lights are not glowing. No fire hydrant system is installed. In two houses, one in Tower16 and the other in tower 20 B, fire accident damages were significantly high.
As per tripartite agreement and various government orders the builder has to make arrangement for water for drinking and water for other uses. Still no provision has been made for sustainable source of water.
DTCP order dated 10/09/09 and Gazette notification dated 10/06/2009 have specified 21 conditions to be implemented by the respondent. None of them have been completed so far.
In December 2014 few residents started resident welfare association and a case against builder was filed by the association in January in hon.high court of madras for non-fulling tripartite conditions. Because of that the office bearer toilet was choked for 3 days. Brokers backed by the builder target the office bearers in the midnight by sending tenants to question them in the midnight. From 21/07/15 to 23/07/15 and again from 28/07/15 to 1/06/15 water supply to our house was cut. This sort of disturbance in water supply is continuing till date. On 12/08/15 and 13/08/15 muddy water with micro-organisms was supplied to all households. Many residents in towers 11 to 18 were affected with vomiting and loose motion. Some are still in hospital. There is no water treatment plant and also there is no sea water desalination plant as assured.
None of the 14 amenities and 12 indoor outdoor facilities have been created. Open car parking are allotted in roads disturbing the visibility and width. At least one child coming from the side of parked car suddenly got hit by the running car and was hospitalised for 45 days with fracture.
Stilt portion have been sold as car parking and shops in violation of apartment owners act, NBC and DTCP act.
The Builder has never shown interest to convene a meeting of all 1328 flat owners to form a proper association and then hand over the project after completing all the work. They threatened to hand over to a group of persons on December 2014 then called Adhoc committee without completing formalities. Now they are trying to form a group of their own calling it flat owners association and try to hand over and run away.
On 16/6/2015 they have suddenly withdrawn securities and housekeeping personnel creating security concern and cleanliness.
Again on 17/6/2015 they sent circular to all buyers saying that they handed over project itself to the lotus pond residents welfare association which filed a case against them. This has created lot of tension in association office bearers and their family mind and these people are spending sleepless nights especially due to non-completion of works. On 25/07/15 one of the tenant residing at Tower3 lodged a police complaint against the association office bearers on the instigation of builder official at midnight. His grouse is that his brother has got stuck in lift and association president/secretary alone are responsible for his discomfiture
Right from the day one, we are subjected to mental torture and physical torture. Building has no valid government approvals; Building has no amenities including water. No fire hydrant system, STP etc. Always sewage overflow causing health hazard. Second lift is not there. Safety and security not assured. Always there is a threat of builder running away without completion of project. In these 22 months there is no work progress.
No solar photovoltaic cells installed. Causing heavy burden on fossil fuel by way of power consumption for common areas lighting.
0n August 8 2015 suddenly builder decided not to aishwaryasingh23 the electricity bills pertaining to the community common areas from this month. Together with 3.56 lakhs of deposit amount which he claimed to have paid as per the additional affidavit submitted to the hon high court of madras was also coupled with normal bills and we were asked to aishwaryasingh23 over 6 lakhs. The association which filed a case against them has been asked to coordinate with all residents and arrange aishwaryasingh23ment. This is an impossible, impractical act, since association is represented hardly by 300 members out of 1328 apartments and builder refused so far to share the address of remaining flat owners.
An appeal to all people who are reading my plight, please share it to your family