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Aug
12
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12 cr rupees Corruption /fraud/cheating/redev
Respected sir/madam,
Respected Sir

Can developer swallow our TDR FSI and give maximum fungible FSI which is free of premium to existing members and part of TDR FSI. Plus Developer is swallowing our existing balance FSI of 851 Sq Ft. total comes to 2150 Sq Ft + 850 Sq Ft=3000 Sq ft carpet. = 40,000 Rs/ sq Ft so total fraud and cheating of 12 Crs. rupees. by developer and managing committee of our housing society.

Synopsis:
In year 2009 developer has given the proposal to take TDR FSI benefit and to redevelop the building where PMC was hired but M20 Bond was not submitted by committee so all managing committee is dissolved. (Proposal was 30% extra carpet area on and above existing carpet area + 60 Rs. Rent / Sq Ft. and 1750 Rs / sq ft corpus fund or hardship fund)

In year 2010 after six month new managing committee is formed and same developer came and same PMC was used and same developer has given same proposal and he got selected again. ( Fishy) (Proposal was 30% extra carpet area on and above existing carpet area + 60 Rs. Rent / Sq Ft. and 1750 Rs / sq ft corpus fund or hardship fund)

In year 2011 Special AGM is called and Dy registrar came and the same developer is selected with same old proposal which was given in the year 2009. No change of proposal. (Proposal was 30% extra carpet area on and above existing carpet area + 60 Rs. Rent / Sq Ft. and 1750 Rs / sq ft corpus fund or hardship fund)

In year 2012 January New DCR came into effect and Fungible FSI rule was formed in which Govt. will give Fungible FSI of 35% to existing members free of cost. So it comes to 65% Extra Area.

In year 2013 March managing committee has signed the Development agreement with the developer with same old proposal which was given in year 2009. (Proposal was 30% extra carpet area on and above existing carpet area + 60 Rs. Rent / Sq Ft. and 1750 Rs / sq ft corpus fund or hardship fund at vile parle East area where rate for corpus is 3000 Rs/ rent is 100 Rs/ Sq Ft and extra area comes to 48 to 53% on existing carpet area)

In year 2014 march 18th developer has submitted the plans to building proposal department bandra and we came to knew about that developer is giving only 9% benefit of TDR FSI and 22% of Fungible FSI benefit ( Carpet Area).

In year 2014 June 30th developer again changed the calculations and where developer is utilised our extra FSI i.e. 80 Sq meters which comes to 800 sq ft. which is society members benefit but developer has taken for his consideration in the plan. ( so developer and managing committee is swallowing and mismanaging the society members rupees of about 17 crores of rupees in terms of TDR FSI benefit and Extra available FSI benefit of the existing members ) which is fraud and cheating by managing committee with the existing members.

We have complained to BMC building proposal department about the same points but no reply from their side till date. We are complaining to everyday to chief minister and co operative housing department municipal commisioner about the same issues but no answer yet.

Current Status:

Development agreement is done in year 2013 March. signed by secretary, treasurer and chairman.
Individual agreement is just done with 9 members of society and 6 members are pending. Rent cheque is given to 13 members out of 15 members.

Building is not yet demolished.
Building is 354 C1 Category as per BMC. Diaplated.

From Last one month there is no response and no action from other departments.

I am fighting for this issues from last 5 years but no action is taken from the BMC department and not from our co operation department.

I have sent 1000 faxes and may be more than that emails to Chief Minister and to managing committee , municipal commissioner of mumbai, town planning department bandra who gives the approval for building redevelopment but there is no answer from them. No answer from my assistant municipal commissioner for K east ward andheri.

I AM DOING THIS FROM 2010 YEAR BUT NO ACTION AND KULSWAMINI SOCIETY IS KEEPING THE SAME DEVELOPER FROM 2009 TO 2014. who has never constructed any building till date.

Coz we have seen that due to money crunch developer may not be able to give rent and may stop the work in future then who will be held responsible as there are examples of several developers who has constructed many buildings but now also due to financial bad situation they are not able to pay the rent and not able to construct the building. We have several relatives who has gone through that.and they are paying the rent from their pockets. Pls. help us not to have again this kind of situation with us..

NOW WE ARE FACING BLACKMAILING from BMC NOTICE OF 354. c1 CATEGORY with the help of developer who has never constructed any building in his life. And committee members are giving that builder Vastu Mr. Prasad Deorukhkar

Developer has submitted the plan without our consent and there is clear violation of Govt Directive and Maharashtra Govt. new DCR.

1) Loss of stamp Duty income of govt maharashtra by the Developer by not calculating fungible FSI Premium Charges while paying stamp duty on 25th april 2013 at bandra andheri -4.

2) Loss of 12 Crs. Rupees to Kulswamini CHSL members. Where Developer is swallowing the existing society member’s benefit of TDR FSI 30% and giving the free premium fungible FSI benefit of 21%.There is balance extra FSI of 1750 Sq feet of the society that benefit is also not getting to the society members. From year 1985 letter by Town planning department. Ref No: ARB/VP V/OP455/393 Dated 26/4/1982 Form 5. This is also 8 cr. rupees loss to Society members.

3) Credibility of the developer. - 3 years Balance sheet of Developer i.e. Vastu Developer and references of work which he has done for redevelopment of Housing society earlier. Our society committee members are not giving us this information’s We have to have work references of the developer in writing. This is also our right to know the builder work. Before giving anything We request you to give us this information from the developer so we can be safeguarded. Coz its our life earned money.The developer must be told to give his offer of the cooperative societies where he has undertaken redevelopment work with the information as (a) Date of offer , (b) Area constructed , (c) Date of Acceptance of offer (d) Date of receipt of IOD (e) Date on which the last member vacated the premises ,(f) Date of receipt of occupation certificate (g) Date of receipt of the building completion certificate ,(h) Income Tax return of developer and his partners, directors

4) In Development agreement it is mentioned in clause F and G i.e PMC and society short listed the offers by examining the background (No Back ground of Developer as he has not Constructed any Building in his entire life. Do give us the 3 written References of work done) , Financial ability ( Kindly submit 3 years balance sheet to understand financial ability which we have asked but till date they have not submitted to all members ) Previous record and commitment to use standard materials. which they have not submitted any documents to us which shows the credibility of the developer as a member we have right to have this information before committing on anything and after that we have found out from online building proposal department and got the building proposed plan where developer is giving only 9% benefit of TDR FSI and about 21 % Fungible Benefit to existing member i.e (Free premium to existing members).

5) We are 15 members society. Out of which 5 are committee members. 2 members are out of India. 4 members are challenging about the fraud happened in society for 17 Crs. Balance 5 members are senior citizens.

It has also been noticed that Developers, due to sudden liquidity crunch or improper planning, drop the project half way or the project is badly staggered and the paucity is worst affected to the members of the Society for long, may be years. Such Builders stop the further payment of rent for the alternate accommodation hired by the members or offer any monitory compensation for the delayed period.

The members, at later date face the financial vulnerability due to such breach of trust and unfair trade practices by the Developer. It has been often noticed that during the process of redevelopment, the terms of Development Agreements as agreed upon, are later twisted and grossly violated by the Developers and the ground rules of MRTP and DCR by unlawful planning are flouted. We hear by request you to insist a revised redevelopment agreement CHE/WS/1250/K/337 file number for building proposal and to give us our TDR FSI benefit of 30% extra carpet area. To have bank guarantee of 70% of constructions cost.

We sent several letters and complains regarding cheating and not giving us our own 30 % extra carpet area of TDR FSI benefit which is mentioned in the Development agreement which we have downloaded from the MCGM website. Pls. don\t make another CAMPA COLA BUILDING case. File no. CHE/WS/1250/K/337 building proposal department.

Kindly do look in to this matter and set up the inquiry with the PMC. Project Management Consultant of society and project management consultant from our side in front of all members to save 9cr rupees benefit to all members. We request the cooperative Society department i.e dy registrar to hire the Auditor (we will Pay the fees) to audit all the transactions happened for the Redevelopment of Kulswamini CHSL.

Who will be held responsible for this if this kind of cheating and fraud happens for redevelopment?

1) Managing Committee of the kulswamini CHSL. i.e Paresh Sawant secretary- 26132454/09821144377
Committee Member Sanjay Shah , Anil Sinkar Chairman or Vijai Mehata 09820196993 or Patwardhan Tresurer as they are not responsible coz govt has not took any action on them. Chalta hai.... kind of attitude or sunil Joshi 09930372718.

2) BMC of K east ward Assistant commissioner Kapse.or Mr. PV sheth from Building proposal department or Mr Zope from Building proposal Department Bandra. ?

3) Or Municipal Commissioner of Mumbai?

4) Or Chief Minister of mumbai and secretary of cooperation department who didn\t took any actions on the complains forwarded by us to them :or their job is to just forward the emails to respective department

5) or all govt official to whom we are complaining?

7) Or building proposal Department at bandra near Bhabha Hospital.
We pray for following.

1) To set up inquiry into the redevelopment procedure followed by our housing society as per govt. Directive.

2) To set up govt official or receiver to protect our all rights.

3) To check the credibility of the developer about his financial strength and capecity and his work referance of the same kind of work which is executed by him before giving the proposal to our society building. And to have bank gurantee of full construction value for our housing society.

4) Is managing committee of our society are responsible for this kind of fraud and cheating to give the work who don\t have any history or record of redevelopment of the society.

5) We pray to MCGM to set up inquiry for fraud and cheating by developer to our society for not giving us benefit of 30% TDR FSI on carpet as developer has mentioned in the proposal and other documents submitted by developer to DY REGISTRAR OF CO OPERATIVE HOUSING SOCIETY DEPARTMENT OF KEAST WARD. As developer is giving only Fungible FSI OF 33% which is already free to us given by government department. ALSO PRAY TO BMC BUILDING PROPOSAL DEPARTMENT NOT TO ISSUE Intimation of disapproval to the file number CHE/WS/1250/K/337 TILL ALL THE
inquiries are completed. by all govt departments. We also sent them complaints documents are attached.

6) We also pray to MCGM vigilance department to check and see all the documents and transaction which are happening between developer and our KEAST ward department at andheri east for harassment is done to break the official garage which is there on BMC official plan by wrong complaint done by developer friend and after that giving the notice that building is diplated condition. If building was in diplated condition then why to break the bottom of the building where garage is there. NOW NO one is replying on that as we have complained also for the same.

8) We also pray to MCGM department for keep vigil eye on the file of our housing society and all the transaction happned on file number CHE/WS/1250/K/337 of redevelopment of kulswamini Co operative housing society.
Documents can be seen directly

7) We also pray to co operative housing society department central as well as state leval to audit all the documents related to our society building Redevelopment from start to end to avoid the fraud of 12 crs. Rupees done just like common wealth games fraud by giving the work to non performing builder and first time developer without checking thorough documents of the developer. We also sent them complaints documents are attached.

8) We also pray to set up inquiry by economic Offence Wing of maharashtra police to see the fraud of 12 crs. Rupees done by developer and managing committee of the kulswamini co operative housing society. We also sent them complaints. Documents are attached.
DCP ZONE 8

9 ) We also pray to make inquiry report by third party project management consultant to inquire and make feasibility report of our housing society. In our society the developer has submitted the proposal in 2009 and same proposal and benefits are carried till year 2014 or 2013. What was the legal situation with managing committee for not to see the benefit of all society members.
Why same benefits till the year 2014 ?
Where as per lot of other proposals by lot of developers which was submitted to managing committee in year 2010 who had better credentials and better offers but still managing committee had given the shree vastu promoters and developer work who has not redeveloped any buildings.

And big surprise comes that where this developer shree vastu and promoters gives another proposal to our next building in year 2014 Chandrlok building CHSL whose plot is only 444 sq mtrs and where developer shree vastu Promoters same as in our society gives 100 Rs. Rent, 3000 rs. Corpus fund, and 38% extra carpet area. Where as in our kulswamini CHSL plot size is 666 sq mtrs bigger than chandralok co operative society it\s 70 rs rent 33% extra carpet area and 1750 rs. Corpus fund. And market rate and as per feasibility report at vileparle east area corpus is 3500 rs rent is 100 Rs and extra 50% carpet area. Proof are also attached which shows complete fraud cheating and mismanagement of our society.

We have sent complaints to all the departments which are connected to this but no inquiry is till date set up by them. And if so also then they also not informed us.

We pray for your support and help to expedite this matter.

Thanking you

Best regards

For Mahesh Kantilal Upadhyay

Sandip Kantilal Upadhyay CA to Mahesh Kantilal Upadhyay
Flat no 5
Shree kripa building
Kulswamini co operative housing society
Gujarati mandal cross road Vileparle east Mumbai 57
Call 09324470001
Usandeep2000@gmail.com

Referance are attached to start inquiries and make process fast.

Name of the developer.
Shree vastu developers and promoters

Contact Person properitor: Shree Prasad N.Deorukhkar
5, Viswanjali, 1st Floor, Vakola Market Road, Santacruz (E) Mumbai - 400 055, India. Email :info@shreeservicesindia.com;
Prasad_shreeservices@yahoo.co.in
Phone : 022- 26673692 / 26654772
Mobile : 9820070327 / 92215758589

Contact details -managing Committee of kulswamini chsl society are attached..

All Committee members has signed M20 bond which says that they all are jointly and severally responsible for all the decisions taken by committee for the business term from 13/01/2011.

So they are liable for the loss of 12 crs ruppees to society members.
All M20 Bonds signed by them are attached for your reference.

Shree Paresh Sawant - 02226135254
Mobile: 09821144377
Secretary of kulswamini CHSL and friend of developer Shree prasad Deorukhkar both are playing cricket together for R . C. PARLEHWAR VILEPARLE EAST.
Scanparesh@gmail.com

Shree Patwardhan Tresurer of kulswamini chsl vilepare east Mumbai 57
Mobile 09820033134
doc_megs@rediffmail.com

Shree Anil Sinkar
Chairman of kulswamini chsl society vileparle east Mumbai 57
ID EXPRESS COURIER.
Shop No.1, Mezzanine Floor, Mahatma Kabir Nagar, Next to Café Sahar Road,
Opp Shubha International
Hotel, Andheri East, Mumbai 400099 Tel.: 91-22- 61281802 / 3 / 4 / 5 / 8 / 9.
email Address: anilsinkar@idspl.in

Shree Sanjay Shah
Committee member of kulswamini chsl society 02226122020

Shree Vijai Mehta
Committee member of kulswamini chsl society . 09820196993

We pray to BMC Not to issue IOD to the file number CHE/WS/1250/K/337 before completing the inquiry of cheating and fraud by developer and managing committee by third party government bmc vigilance department as well as state govt. Vigilance department and central govt. Vigilance department for theft of 16 carores ruppees.

Shree. Sitaram Kunteji municipal commissioner
09167001100, 02223517777
mc@mcgm.gov.in

Shree Harshwardhan Patil ji
Minister of co operation department
Parnkuti8686@gmail.com

Shree Rajgopal Deora secretary sec.coop@maharashtra.gov.in

Commissioner of co operative housing society
Comm_audit@rediffmail.com
commcoop2011@gmail.com

Shree debashish
psec.housing@maharashtra.gov.in

Secretary Urban housing Department
Shree Manu Kumar Shrivastava
psec.ud1@maharashtra.gov.in
psec.ud2@maharashtra.gov.in
Kindly acknowledge this letter

Documents can be downloaded from the MCGM website URL.

http://autodcr.mcgm.gov.in/CitizenSearch/Proposals/ProposalDetails.aspx?iProposalID=2001897&sProcessDetail=%20%20%20%20Scrutiny
Proposed Redevelopment of Kulswamini CHSL building on plot number CTS 1514. Developer is not following the Development agreement 30% extra Space Benefit of TDR FSI but In the plan submitted later on 18th march 2014 the developer is giving 21% fungible area (Free Premium) + 9% carpet area, thus not giving us the promised 30 % extra carpet of TDR FSI Benefit.

Ref: CHE/WS/1250/K/337 Division / Village. : Vile Parle, TP Scheme. CS No./ CTS No. : F.P. 465.

Architect / LE / SE Name ARUN N BHALERAO / www.avvora.com/avvora@yahoo.com/09323801422

Director General,
Anti Corruption Bureau,
Maharashtra,
6th Floor,
Sir Pochkhanwala Road,



Worli Police Camp,
Worli, Mumbai 400 030
Tel: +91- 22 - 2492 1212
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