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LONG LIVE CORRUPTION IN REDEVELOPMENT OF HOUSING SOCIETIES IN MUMBAI
Many countries have beaten India in diverse fields. However, India has out-beaten all the countries in one field and that is widespread corruption for which every Indian is proud about his country being on the pinnacle since ages. One of the areas of this majestic achievement by established interests of the corporate field is redevelopment of old housing societies and commercial joints in metro cities.
In the name of redevelopment of old housing societies in Mumbai, the various authorities, in last few years have carpeted free ground to breed rampant corruption to benefit the private builders to sub serve their illegal objectives to garner huge money and members of the Managing Committees of Societies to enjoy the sleep with the builders for few greens and thrust redevelopment idea on the innocent members.
The benevolent Officials at MCGM always to be in readiness to approve any plan tabled, MMRDA, MHADA, Banks, Politicians and Senior Bureaucrats, Police, Local Goons and all concerned who are the core harvesters in most lucrative money spinning business involving multi crores of rupees in the name of redeveloping our mother land.
The entire lobby of these white collared mafias has strongly built a black economy in our country involving nearly 40% to 50% of unaccounted cash transactions from the small/large/corporate buyers of the properties. The menace of deadly nexus amongst these “BADDIES” have also beleaguered the licensing authorities of administration like MCGM, MMRDA, MHADA, Banks etc. for getting illegitimate approvals or legalize unauthorized constructions.
The ill- observance of MRTP/MCGM/DCR rules and guidelines are overlooked by the sympathetic officials of the MCGM and the plans so submitted, are sanctioned without verifying the eligibility or its conformity with the Development Agreements.
The redevelopment projects when completed, the Occupancy Certificates are
issued without the proper inspection neither carried out by the MCGM officials nor taking pains to verify whether the actual measurement of the constructed areas tally with the final plans submitted, whether the use of FSI is legal, whether the basement areas are sold to commercial houses though they are free of FSI meant exclusively for car parking.
It has been often noticed that during the process of redevelopment, the terms of Development Agreements as agreed upon, unhealthy attempts with ulterior motives are made by the builders to twist and grossly violate the rules of MCGM, MRTP and DCR by unlawfully planning and constructing additional/unauthorized areas/floors that are beyond their entitlement (i.e. beyond the plot FSI and the TDR/FSI loaded) for their hidden financial gains.
The buyers of such unlawful flats/properties land themselves in deals that lead to litigation at a later date. It is not viable to pull the builder to court and wait for years to get fair justice. Once the buyers sign on the dotted line and pay the cost, he is at the builder’s mercy.
It is further noticed that upon the completion of the projects, these additional/unauthorized constructions are silently regularized at the last moment by executing the Supplemental Agreements with the Office Bearers of the Societies with green handshakes and offering them handsome rewards.
The illegal gratifications and lavish spending by a large cartel of unscrupulous Builders entice the members of the Managing Committees of Cooperative Societies and provoke them to turn against their own members in the matter of giving consent and force implementation of redevelopment.
The corrupt members of the Managing Committees also resort to arm twisting, harassment and threatening method to the flat owners into submission as per the builder’s orders. Scared by such hounding tactics, most society members accept and offer their consent towards the redevelopment of their society without any protest and prefer to go along with whatever the members of the whole Managing Committee decides.
The members of the Cooperative Housing Societies in Mumbai are required to be vigilant while handing over their Societies for redevelopment to such builders who, by rewarding the unreliable members of the Managing Committees and their associates, carry out the unauthorized/additional constructions for their hidden financial gains which they are not entitled to. When unauthorized constructions beyond the laws are the statutory norms of such builders rather than the exception to the rules, the strict laws of the land have always to be upheld by taking stern actions under the laws.
On the front of Banks’ role to proliferate the corruption in recent years, the real estate market has helped increase realty frauds and other phony real estate financing by the Banks. The flourishing business of redevelopment in the present realty scenario invariably has brought in many unscrupulous and unsavory builders who, in connivance with certain corrupt bank executives and dishonest officers, secure bogus loans by allegedly executing spurious documents supported by fudged Balance Sheets, highly inflated/false financial data, fabricated information/statements and try to make some fast money through illegal routes.
Builders, Advocates, Chartered Accountants, Bank Executives, Branch Managers and officers nexus is believed to be the root cause of banks falling prey to realty frauds involving non-viable loans in billions of crores of rupees resulting in many fold increase in non-performing assets of Banks.
Quite a number of times, the approvals come from a single branch of a bank for sanction of loan to a blue-eyed builder of that bank, is the results of lack of thorough scrutiny and site inspection of the project by the bank officials. The recent bulletin published by the Banking Industry states that the builders confronting acute finance crunch, are under pressure and buying money at the rate of 24% or more to repay the bad loans which are estimated to the tune of Rs. 180 thousand crores.
It has also been noticed where a particular bank executive is transferred or posted from one branch to another, such immoral builders follow these bank executives to continue their illicit relations to avail more and more loans in crores of rupees which are sanctioned or got sanctioned from HO by such dishonest bank executives who act as carriers/agents to the top bosses at head office of that bank.
Complaints about mortgage frauds and predatory lending practices in banks have also grown many-fold as the economy has soured and increasing numbers of realtors face financial strains and even foreclosure. Reserve Bank is taking mortgage frauds increasingly seriously with assigning the task of investigations and prosecutions to Central Bureau of Investigation Dept. and Banking Section of Economic Offence Division against the disloyal bank executives and corrupt bank officials for rendering undue favors to the builders and acquiring disproportionate assets to their salaried income.
With regard to Law & Order, the Indian Police has always remained in forefront to protect the cold-blooded builders and milk them as often as needed. Even basic functions like lodging a FIR against the fraud and cheat builders is firstly not registered, victims are encouraged and even threatened for not to file an official complaint. If a case somehow gets registered, the police usually do not take any action. The con builders, corrupt politicians and policemen go like hand in glove, often resulting in exploitation of the gullible and naïve buyers.
It is not expected of a common man to analyze the hidden risks in a redevelopment scenario. His knowledge is zero to know the judiciary system and its intricacies. The builders on the other hands, have fleet of highly paid advocates and experts to advise and protect them.
Last, but not the least, the successful execution of any redevelopment project primarily depends on the management by the members of the Managing Committees with transparent efforts to protect the corporate interest of the society and 100% co-operation of each and every member. This, in turn is again depends on the capacity of the members of the Managing Committees who are entrusted with the management of entire process of the redevelopment with their honesty and integrity.
Dilip Shah
Counselor and Analyst for Redevelopment of Housing Societies
9819825752, 32411533
| Name | Comment | |
| Daniel Murzello | M/s I Daniel Murzello residing at room no 3, Prarthana, CHS , plot no 185, sector 18/a, Nerul, Navi Mumbai. 400706.. Would like to ask, WHAT DOES A PERSON DO IF THEY ARE HARASSED BY THE OFFICE BEARERS OF THE HOUSING SOCIETY ???.... Since for the past 8 years they have not given us Membership...REASON BEST KNOWN TO THEM, WHY ?.. All though all are documents are clear and no dues pending on our behalf to the society... They keep demanding Money from us,For no reason... They do not keep records and documents of the amount/Money, they Keep demanding from us, For no reason ... They have been charging extra Money from us every month, For no reason ... They have never issued bills, so we would not know how much to pay and for what month... They issue us receipts as On A/c For no reason. On the first owners name, which we have been paying as services charges . Till date ... They always threaten to Seize our room and cut our Water supply if we do not agree to their demands ... They do not accept or reply to any of our letters and request we send them ... They have stopped giving us the Yearly Statement of Accounts\Balance sheet. Since 2008.For no reason... Though they have not made us Members, However they send notices Demanding Money, Directly on our Name.For no reason... When we asked Mr S M Shrivastav [Former Secretary ] To explain the amount or why was the notice sent directly on our name. He denies being the secretary and cannot explain the amount ,and does not know why the notice demanding money was sent on our name and told us to talk to Mr Dhomaji Kolte, since he is the Chairman of the society since 1996, from the time the society was registered, Till date... We have complained about this issue even at the Sub/Joint Registrar Housing societies CBD... Navi Mumbai...The officer Mr Bhosle and Mr Thakur over there told us our papers are clear and if the society does not make you a member ,they have the power to do so.. However its been four years and no action has been taken. Till date. Our latest request for Membership in the society was once again given to the Sub/Joint Registrar of Co Operative Housing Societies CBD.on the 20th of April 2011.. The Chairman Mr Dhomaji Kolte told us to go to court regarding this issue... REASON BEST KNOWN TO HIM WHY ?? Has he and the others think they are the LANDLORDS of the society...Although this issue can be very well solved in the society it self .... So as a consumer we filed a compliant in the Consumer Disputes Redressal Forum CBD Navi Mumbai...My Complaint No. 45/2010. In Feb 2010.. However when ever we were called to court several times.The society office bearers never came.. However surprisingly an Order was passed in Dec 2010 by the court, by Mr R D Mhetras [president], Mrs Jyoti A Mandhle [member] That this complaint cannot be put up in the Consumer Disputes Redressal Forum... In fact the court did not take any action or even ask the opposite party, why they never appeared in court when ever called, so many times in the past 11, months, But surprisingly the court passed an order after nearly a year that this complaint cannot be put up in the Consumer Disputes Redressal Forum.. After we paying the court fees for this case and also wasted One year of ours ... Then why were we called so many times to the court, was it just for formalities ,.. or was it just to waste our time and harass us as well,..didnt the court know this in the being ... And they advertise ..JAGO GRAHAK JAGO.. In fact our latest request letter asking for Explanation Regarding The Amount The society Keep Demanding From Us, for no Reason was once again given to the Society dated 22nd Jan 2011. and a copy was also sent to their Advocate Mr Rajaram V Bansode [Advocate High Court]. But Till Date we have not received any reply or explanation regarding the amount from the society nor from their advocate..Reason best known to them, Why??? WHAT are their Intentions/Motives behinds this Demands and Harassment by the office bearers of the society??.. (Or is it only because we are Christians, Or is it because they are from a political party ?? As this request for Membership is pending for the past EIGHT years)... However my Main Intention now is to Spread Awareness and Aware People by this Letter. How our Society Office Bearers can take Advantage of their Post and Misuse their Powers.. The Sub/Joint registrar of Co Operative housings societies ,who is supposed to control all societies and see that the society follow and function in certain guidelines, have wasted FOUR years of ours, and have not solved this issue till date.. The Consumer Redressal Forum who Advertise JAGO GRAKHAK JAGO, have also wasted ONE year of ours, only to decide and inform us that this case/complaint cannot be put up at the Consumer Redressal Forum.. IS OUR SYSTEM SO BAD !! ??. That a common man has to wait, so long for Justice and still does not know when he will get Justice, for this simple Issue... AS DELAY IN JUSTICE IS INJUSTICE........ We have wasted so much time by running from pillar to post, sending/writing request and letters regarding this issue to all who are supposed to give justice or guide us, on this issue...(Leave aside the money we have spent,The Harassment both Mental and Physical, Insults and Embarrassment, My Family and i have faced for the past EIGHT years), and i do not know how long will this go on ??... Requesting you once again to kindly advice us on what to do regarding this issue, or who do we go to for justice, regarding this issue... My family and i are tired of this constant demands and harassment by the society and its office bearers ..However we have decided never to give up and we will fight against Corruption and such Dishonest People in our Society.. Even if our Water supply or our Electricity is cut by them . . Its our Hard Earned Money we have Collected to Purchase this Room , and we will fight for our HOME as long as we Live.... Mr Dhomaji Kolte (Chairman) 9320 467 945 Mr Ashish Shetty (Secretary) 9324 925 128 Mr Vijay Kadam (Treasurer) Thanking you ... Daniel Murzello .. Cell No - 9702 842 999.. |