News: Residents protest against the developer over maintenance-12-10-2020
Mahagun had started offering possession to buyers in 2018. An apartment owners’ association (AOA) was elected in 2018 for this society, which had 2,700 flats, spread over an area of 25 acres, however, maintenance has not been handed over yet.
Residents of Mahagun Moderne housing society in Noida’s Sector 78 on Sunday protested against their society’s developer, who they alleged has imposed “unjustified” maintenance charges on them. At least 100 residents of this society gathered at the gate of the society holding a banner with slogans against the promoters of Mahagun Group, the builder who developed the society. They gathered around 11am and took a round of the entire society shouting slogans against the Mahagun Group’s promoters. They ended their demonstration at 12.30pm, after deciding to file an FIR against the promoters for cheating and fraud.
Mahagun had started offering possession to buyers in 2018. An apartment owners’ association (AOA) was elected in 2018 for this society, which had 2,700 flats, spread over an area of 25 acres, however, maintenance has not been handed over yet.
“According to the Uttar Pradesh Apartment Act, 2010 the developer should have handed over maintenance to AOA immediately after its election. However, it kept the maintenance work with itself so that it could continue making money off us. We approached all agencies seeking justice but the developer has not handed over the maintenance, so we decided to protest,” said Sandeep Chauhan, president of the society’s AOA.
Residents alleged that the developer is delaying handing over maintenance work as they will have to pay around ₹20 crore Interest-Free Maintenance Security (IFMS) charges collected from the homebuyers. According to rules, a developer has to give IMFS, meant to be used to address urgent civic issues in society, to the AOA at the time of handover of the maintenance work.
“The developer has increased monthly maintenance charges by ₹1,000 abruptly without any discussion, angering all residents. They ₹12,000 per flat with the assurance that Ganga water supply will be provided. However, we are still dependent on groundwater, which is salty. Also, the developer has not paid ₹32 crore to the Noida authority. As a result, 400 residents are unable to get property registry done,” said Mridul Bhatia, general secretary of the AOA.
Residents also alleged that the developer got the AOA’s executive committee suspended and has not been letting the election take place, as this will pave the way for handing over the maintenance.
The Noida authority had, on September 3, directed the builder to hand over the maintenance and resolve the dispute. However, this did not happen and residents met with Uttar Pradesh real estate regulatory authority (UP Rera) member Balvinder Kumar on September 27, and filed a case.
“Residents met me and filed a case against the developer. We will get an inspection done to check the infrastructure and services provided by the developer at the society. Then we will take appropriate action,” said UP Rera member Balvinder Kumar.
The developer, on the other hand, refuted all allegations.
“We are ready to hand over the maintenance to AOA as per the rules. But this could not happen in the past as there is a dispute among the members of the AOA. And we have been charging the maintenance from residents as per the agreement signed with them. Their allegations are untrue and baseless and we will follow rules in handing over the maintenance work,” said Amit Jain, promoter of Mahagun Group.
Residents said that if the police do not file an FIR against the developer, they will approach the court for justice. They alleged FIR is not being filed even though they met and requested Gautam Budh Nagar police commissioner Alok Singh some time back. And the station house officer refused to file an FIR despite repeated attempts.
However, according to Love Kumar, the additional police commissioner of the district, “We will look into this matter and take appropriate action as per the rules.”
