BELOW IS THE TEXT OF THE MEMORANDUM BEING SENT TO THE COMMISSIONER, PUNE MUNICIPAL CORPORATION TO HIGHLIGHT THE ISSUES RELATED TO NON COMPLETION OF THE PHASE 1 OF PALLADIUM GRAND, DHANORI BY ITS DEVELOPERS M/s. PALLADIUM PROPERTIES, A JOINT VENTURE BETWEEN M/s. RAOJEE CONSTRUCTIONS & M/s. SHREYAS SHELTERS.
Mr. Kunal Kumar
Commissioner
Pune Municipal Corporation
Near Mangala Theater, Shivaji nagar
Pune 411004.
URGENT & IMMEDIATE ATTENTION
Subject: Incomplete work on Phase 1 of the
Palladium Grand complex at Dhanori, Pune reg…..
Dear Mr. Kumar,
We the residents of the Palladium Grand
Complex located at the S/no. 17/1-A/2, Dhanori, Pune 411015 would like to bring
following facts to your urgent & immediate attention.
1. Above said project was developed by M/s Palladium Properties a
joint venture between M/s. Shreyas Shelters, Pune and M/s. Raojee
Constructions, Pune. Project was launched in 2007, and phase 1 was handed over
to the flat owners w.e.f. 2009.
2. While giving the possession the developers collected the
maintenance for 12-24 months from majority of the flat owners on the pre-text
that this is for providing maintenance & upkeep of the campus until the
cooperative society is formed. Collection of the maintenance amount further
continued till May/June 2012.
3. However, since June 2012 developers have discontinued
maintenance and provision of essential services without any proper intimation
to the flat-owners or residents. Also, the developers did not make efforts for
the formation of cooperative society; as a consequence there is no such
cooperative society until this date.
4. Since, June 2012 the self-help group of the flat owners has
shouldered the responsibility of making provision for essential & life
saving services.
5. The residents further brought to the notice of the
builder(s)/developer(s) from time to time since 2009, that several facilities
and infrastructures which were promised [to both the Pune Municipal Corporation
at the time of sanctioning of plan, and to the flat owners at the time of
selling the units] were left incomplete. Instead of taking serious note of
their concerns and attempting to finish the Phase 1 in its entirety, at least
one of the developers resorted to heavy handedness and even used threatening
approach to silence the voice of the flat owners.
6. In 2013 a group of residents approached PMC to provide the
entire file of this said project under the provisions of Rights to Information
Act, 2005. When the documents were scrutinized a can of worm was spilled over
and the flat owners were shocked as to how far and how deep they were cheated
by the developers.
7. Since, then we have approached your good office and also the
developers with a request to complete the Phase 1 of this project in all
respect. Regretfully, we wish to note the response from the developers has not
been encouraging. Further, the response form different offices of PMC too have
not been very supportive.
8. Therefore, we are compelled to submit this memorandum for your
kind consideration, with a hope that you will instruct your officers and
various departments of the PMC to take note of our concerns and ensure that the
developers take actions in rectification at the earliest.
9. Our submissions are noted below together with our concerns,
queries and requests:
Water Supply:
While submitting a proposal for this project,
developers vide affidavit nos. 6089 dated 9th November 2003 & [copy
attached] has given the undertaking that they as the developers are aware that
PMC is not in a position to supply sufficient quantity of water. Thus,
developers pledged that they would ensure the supply of good quality water
either through bore wells or through water tankers at their own expense.
However, till date residents have been paying for the restricted, inadequate
and sub standard quality supply of water. We are pained to inform you that PMC
supplied drinking water is not available to the residents since the so-called
completion of Phase 1. Further, developers have discontinued bore well water
supply and tanker water supply without any prior intimation. Therefore, we
would like to enquire with you the following:
a. Did your officers or relevant department(s) was aware of this
fact, that developers have not made appropriate and adequate provisions for the
supply of water that can cater to the entire Phase 1?
b. How come your officer(s) or relevant department provided
completion & occupancy certificate when the pledges sworn by the developers
through above-mentioned affidavits were not fulfilled?
c. Since, 2009 has your officer(s) or relevant department tried to
ascertain whether pledges made by the builder through above mentioned
affidavits have been fulfilled or not?
d. In response to our letter PG-00020/2014 dated 30th
November 2015 in connection with water supply, Bund Garden Water Supply office
of the PMC vide its letter 1351 dated 19th December 2014 [copy
enclosed] responded that this is an internal issue between the residents and
the builder, and that we must resolve it ourselves.
e. Such a response from the PMC is not only discouraging, but also
in clear violation of its role as a monitoring and rules implementation
authority.
f. Given the above-mentioned circumstances, what action(s) would
you propose to be taken against the defaulting developers who have clearly
violated the pledge made through an affidavit?
g. What action(s) you would propose against the officers or the
departments of the PMC which overlooked the pledges of the affidavit, and
provided completion and occupancy certificate to the developers without
ensuring that the pledge has been complied with in letter & spirit?
h. What instructions or penalties or punitive measures you would
impose upon the developers who have blatantly violated the pledge for providing
service of essential commodities such as water?
i. What plans and curative measures you would like to propose to
ensure that the occupants are supplied with adequate quantity of water either
by the developers or by the relevant PMC mechanism?
j. How and what actions you and relevant departments will initiate
to ensure that this facility is provided to the flat owners in immediate near
future?
k. How and what measures you and the relevant departments will
initiate to compensate [or order developers to compensate] to flat owners for
pain & trauma they have undergone for non provision of this facility, which
needs to be fulfilled according to the pledges made in above mentioned
affidavits provided willfully by the developers?
Solar Water Heaters:
While sanctioning the plan proposed by the
developers, the Office of the Dy. City Engineer (Development Plan) vide its
commencement certificates nos. DPO/10396/H/75 dated 17 March 2006,
DPO/4765/H/84 dated 11 Sept 2006 and DPO/8826/H/91 dated 18th
January 2007 developers were asked to provide solar water heaters. However, we
are pained to inform you that developers have not provided any kind of solar
water heating infrastructure.
a. Did your officers or relevant department(s) was aware of this
fact, that developers have not made appropriate and adequate provisions for the
solar water heaters that can cater to the entire Phase 1?
b. How come your officer(s) or relevant department provided
completion & occupancy certificate without ensuring that solar water
heaters are indeed provided by the developer?
c. Given the above-mentioned circumstances, what action(s) would
you propose to be taken against the defaulting developers who have clearly
violated the spirit & specifications mentioned in the commencement
certificates?
d. What action(s) you would propose against the officers or the
departments of the PMC which overlooked the compliance of the commencement
certificate, and provided completion and occupancy certificate to the
developers without ensuring that the specifications mentioned in the
commencement certificates has been complied with in letter & spirit?
e. What instructions or penalties or punitive measures you would
impose upon the developers who have blatantly violated the directives of the
commencement certificates for provision of solar water heaters?
f. What plans and curative measures you would like to propose to
ensure that the occupants are supplied with adequate quantity of solar water
heaters either by the developers or by the relevant PMC mechanism?
g. How and what actions you and relevant departments will initiate
to ensure that this facility is provided to the flat owners in immediate near
future?
h. How and what measures you and the relevant departments will
initiate to compensate [or order developers to compensate] the flat owners for
pain & trauma they have undergone for non provision of this facility which
needs to be fulfilled according to the commencement certificates issued by
relevant departments?
Scooter & Cycle Parking:
Through our enquiries [under the Rights to
Information Act, 2005] we have learnt that for a Phase 1 complex of 5 buildings
[140 flats] must have 280 scooter parking and 280 cycle parking. Revised layout
plan approved under commencement certificate number CC/4364/06 dated 15th
March 2007 clearly mentions that required scooter parking must be 280, and
cycle parking must be 280 as well. However, we are pained to inform you that
till date no such scooter & cycle parking has been provided. Over 7-8 years
have lapsed and flat-owners are deprived of their basic rights of having
scooter & cycle parking, for which they have inappropriately charged by the
developers.
Our queries have further revealed that
according to revised layout plan approved under commencement certificate number
CC/2935/14 dated 24th December 2014, these scooter & cycle
parking areas seems to have disappeared, and it is shifted outside of the Phase
1 area. We wonder how it is feasible for residents of phase 1 to access the
parking area that is beyond the boundary limit of Phase 1.
a. Did your officers or relevant department(s) was aware of this
fact that developers have not made appropriate and adequate provisions for
scooter & cycle parking that can cater to the entire Phase 1?
b. How come your officer(s) or relevant department provided
completion & occupancy certificate when the directions of the PMC were not
fulfilled by the developers as mentioned in the layout plans?
c. Given the above-mentioned circumstances, what action(s) would
you propose to be taken against the defaulting developers who have clearly
violated the directions and specifications set by the PMC with regards to
scooter & cycle parking?
d. What action(s) you would propose against the officers or the
departments of the PMC which overlooked their own set norms for scooter &
cycle parking for a residential complex, and provided completion and occupancy
certificate to the developers without ensuring that the norms have been
complied with in letter & spirit?
e. What instructions or penalties or punitive measures you would
impose upon the developers who have blatantly violated the PMC norms with
regards to scooter & cycle parking?
f. What plans and curative measures you would like to propose to
ensure that the occupants are provided with adequate numbers of scooter &
cycle parking as approved by the PMC?
g. How and what actions you and relevant departments will initiate
to ensure that this facility is provided to the flat owners in immediate near
future?
h. How and what measures you and the relevant departments will
initiate to compensate [or order developers to compensate] to flat owners for
pain & trauma they have undergone for non provision of this facility, which
needs to be fulfilled according to the PMC norms?
Rainwater harvesting & reuse:
While sanctioning the plan proposed by the
developers, the Office of the Dy. City Engineer (Development Plan) vide its
commencement certificates nos. DPO/10396/H/75 dated 17 March 2006,
DPO/4765/H/84 dated 11 Sept 2006 and DPO/8826/H/91 dated 18th
January 2007 developers were asked to provide rainwater harvesting & reuse
infrastructure. However, we are pained to inform you that developers have not
provided any kind of rainwater harvesting & reuse infrastructure.
a. Did your officers or relevant department(s) was aware of this
fact, that developers have not made appropriate and adequate provisions for the
rainwater harvesting & reuse infrastructure that can cater to the entire
Phase 1?
b. How come your officer(s) or relevant department provided
completion & occupancy certificate without ensuring that rainwater
harvesting & reuse infrastructure are indeed provided by the developer?
c. Given the above-mentioned circumstances, what action(s) would
you propose to be taken against the defaulting developers who have clearly
violated the spirit & specifications mentioned in the commencement
certificates?
d. What action(s) you would propose against the officers or the
departments of the PMC which overlooked the compliance of the commencement
certificate, and provided completion and occupancy certificate to the
developers without ensuring that the specifications mentioned in the
commencement certificates has been complied with in letter & spirit?
e. What instructions or penalties or punitive measures you would
impose upon the developers who have blatantly violated the directives of the
commencement certificates for provision of rainwater harvesting & reuse
infrastructure?
f. What plans and curative measures you would like to propose to
ensure that the occupants are supplied with adequate rainwater harvesting &
reuse infrastructure either by the developers or by the relevant PMC mechanism?
g. How and what actions you and relevant departments will initiate
to ensure that this facility is provided to the flat owners in immediate near
future?
h. How and what measures you and the relevant departments will
initiate to compensate [or order developers to compensate] the flat owners for
pain & trauma they have undergone for non provision of this facility which
needs to be fulfilled according to the commencement certificates issued by
relevant departments?
Wet & Dry Garbage Management:
While sanctioning the plan proposed by the
developers, the Office of the Dy. City Engineer (Development Plan) vide its
commencement certificates nos. DPO/10396/H/75 dated 17 March 2006,
DPO/4765/H/84 dated 11 Sept 2006 and DPO/8826/H/91 dated 18th
January 2007 developers were mandated to provide functional wet & dry waste
management. Upon our repeated requests developers have failed to produce PMC
certificate to demonstrate such a facility.
a. Did your officers or relevant department(s) was aware of this
fact, that developers have not made appropriate and functional wet & dry
waste management infrastructure that can cater to the entire Phase 1?
b. How come your officer(s) or relevant department provided
completion & occupancy certificate without ensuring that functional wet
& dry waste management infrastructure are indeed provided by the developer?
c. Given the above-mentioned circumstances, what action(s) would
you propose to be taken against the defaulting developers who have clearly
violated the spirit & specifications mentioned in the commencement
certificates?
d. What action(s) you would propose against the officers or the
departments of the PMC which overlooked the compliance of the commencement
certificate, and provided completion and occupancy certificate to the
developers without ensuring that the specifications mentioned in the
commencement certificates has been complied with in letter & spirit?
e. What instructions or penalties or punitive measures you would
impose upon the developers who have blatantly violated the directives of the
commencement certificates for provision of functional wet & dry waste
management infrastructure?
f. What plans and curative measures you would like to propose to
ensure that the occupants are supplied with functional wet & dry waste
management infrastructure either by the developers or by the relevant PMC
mechanism?
g. How and what actions you and relevant departments will initiate
to ensure that this facility is provided to the flat owners in immediate near
future?
h. How and what measures you and the relevant departments will
initiate to compensate [or order developers to compensate] the flat owners for
pain & trauma they have undergone for non provision of this facility which
needs to be fulfilled according to the commencement certificates issued by
relevant departments?
Sewage & Drainage Infrastructure:
While sanctioning the plan proposed by the
developers, the Office of the Dy. City Engineer (Development Plan) vide its
commencement certificates nos. DPO/10396/H/75 dated 17 March 2006,
DPO/4765/H/84 dated 11 Sept 2006 and DPO/8826/H/91 dated 18th
January 2007 developers were mandated to provide functional sewage &
drainage infrastructure. Upon our repeated requests developers have failed to
produce PMC certificate to demonstrate such a facility. We are pained to inform
you that drainage facilities provided by the developers are inadequate in
nature. As a consequence water from the balconies is let off in the parking
areas. This has created unhygienic conditions in the complex and is spreading
waterborne communicable diseases.
a. Did your officers or relevant department(s) was aware of this
fact, that developers have not made appropriate and functional sewage &
drainage infrastructure that can cater to the entire Phase 1?
b. How come your officer(s) or relevant department provided
completion & occupancy certificate without ensuring that functional sewage
& drainage infrastructure are indeed provided by the developer?
c. Given the above-mentioned circumstances, what action(s) would
you propose to be taken against the defaulting developers who have clearly
violated the spirit & specifications mentioned in the commencement
certificates?
d. What action(s) you would propose against the officers or the
departments of the PMC which overlooked the compliance of the commencement
certificate, and provided completion and occupancy certificate to the
developers without ensuring that the specifications mentioned in the
commencement certificates has been complied with in letter & spirit?
e. What instructions or penalties or punitive measures you would
impose upon the developers who have blatantly violated the directives of the
commencement certificates for provision of functional sewage & drainage
infrastructure?
f. What plans and curative measures you would like to propose to
ensure that the occupants are supplied with functional sewage & drainage
infrastructure either by the developers or by the relevant PMC mechanism?
g. How and what actions you and relevant departments will initiate
to ensure that this facility is provided to the flat owners in immediate near
future?
h. How and what measures you and the relevant departments will
initiate to compensate [or order developers to compensate] the flat owners for
pain & trauma they have undergone for non provision of this facility which
needs to be fulfilled according to the commencement certificates issued by
relevant departments?
Connecting Road:
While sanctioning the plan proposed by the
developers, the Office of the Dy. City Engineer (Development Plan) vide its
commencement certificates nos. DPO/10396/H/75 dated 17 March 2006, DPO/4765/H/84
dated 11 Sept 2006 and DPO/8826/H/91 dated 18th January 2007
developers were mandated to provide connecting road [that connects the complex
with the main DP road] of appropriate dimensions & quality. We are pained
to inform you that such a connecting road is not built by the developers till
date. As a consequence several minor and major accidents have happened, and the
very life of the residents is always under threat.
a. Did your officers or relevant department(s) was aware of this
fact, that developers have not made connecting road that can cater to the
entire Phase 1?
b. How come your officer(s) or relevant department provided
completion & occupancy certificate without ensuring that connecting roads
are indeed provided by the developer?
c. Given the above-mentioned circumstances, what action(s) would
you propose to be taken against the defaulting developers who have clearly
violated the spirit & specifications mentioned in the commencement
certificates?
d. What action(s) you would propose against the officers or the
departments of the PMC which overlooked the compliance of the commencement
certificate, and provided completion and occupancy certificate to the
developers without ensuring that the specifications mentioned in the
commencement certificates has been complied with in letter & spirit?
e. What instructions or penalties or punitive measures you would
impose upon the developers who have blatantly violated the directives of the
commencement certificates for provision of connecting road?
f. What plans and curative measures you would like to propose to
ensure that the occupants are supplied with connecting road either by the
developers or by the relevant PMC mechanism?
g. How and what actions you and relevant departments will initiate
to ensure that this facility is provided to the flat owners in immediate near
future?
h. How and what measures you and the relevant departments will
initiate to compensate [or order developers to compensate] the flat owners for
pain & trauma they have undergone for non provision of this facility which
needs to be fulfilled according to the commencement certificates issued by
relevant departments?
Fencing:
While sanctioning the plan proposed by the
developers, the Office of the Dy. City Engineer (Development Plan) vide its
commencement certificates nos. DPO/10396/H/75 dated 17 March 2006,
DPO/4765/H/84 dated 11 Sept 2006 and DPO/8826/H/91 dated 18th
January 2007 developers were mandated to provide fencing.
a. Can you please ascertain that officers or relevant department(s)
have verified weather the fencing is built as per the specification of the PMC?
b. In case, such verification has not been conducted, then how you
propose to ensure that developers build the fencing as per PMC mandated
specifications?
Open space:
While sanctioning the plan proposed by the
developers, the Office of the Dy. City Engineer (Development Plan) vide its
commencement certificates nos. DPO/10396/H/75 dated 17 March 2006,
DPO/4765/H/84 dated 11 Sept 2006 and DPO/8826/H/91 dated 18th
January 2007 developers were mandated to provide open space.
a. Can you please ascertain that officers or relevant department(s)
has verified whether the open space has been made available as per the
specification of the PMC?
b. In case, such open space has not been made available, then how
you propose to ensure that developers create such an open space to be used by
the flat owners?
Elevators safety:
It has been brought to our notice that safety
and fitness certificate is essential for the elevators. We have been also
informed that transparent doors, cctv camera’s and fire extinguishers are a
must in the elevators. We are sorry to inform you that there are no cctv
camera’s and fire extinguishers established in the elevators by the developers.
a. Can you please ascertain that officers or relevant department(s)
has verified whether the developers have complied with all necessary
specifications especially transparent doors, cctv camer’s and serviceable fire
extinguishers in the elevators?
b. In case, such specifications are not complied with, then how you
propose to ensure that developers fulfill all necessary compliances and ensure
that elevators are safe for use?
Car Parking Areas:
We wish to bring it to your notice that
developers have sold the parking areas to the flat owners. It has been brought
to our notice that majority of the parking areas sold to the flat owners do not
match the specifications as per the norms of the PMC.
a. While sanctioning the plan, did the PMC officers provided
guidelines to the developers with regards to the minimum area for each parking
slot?
b. Did your officers or relevant department(s) has verified that
the parking areas sold to the flat owners match the specifications or necessary
requirements stipulated by the PMC?
c. In case such specifications were not met, how come your
officer(s) or relevant department provided completion & occupancy
certificate without ensuring that parking areas meet the PMC established
standards?
d. Given the above-mentioned circumstances, what action(s) would
you propose to be taken against the defaulting developers?
e. What plans and curative measures you would like to propose to
ensure that the flat owners are reallocated the parking spaces which match the
requirements or specifications stipulated by the PMC?
f. How and what measures you and the relevant departments will
initiate to compensate [or order developers to compensate] the flat owners for
pain & trauma they have undergone for non provision of this facility which
needs to be fulfilled according to the commencement certificates issued by relevant
departments?
Visitors parking:
It is our understanding that each residential
complex must have a guest or visitors parking area separate from the parking
allotted to the flat owners. We are pained to inform you that developers of
this project have not provided any such dedicated parking area or if the area
exists have not demarcated the area for guests or visitors. As a consequence
both the flat owners and the visitors have to face hardships.
a. Was the provision of the visitors parking part of the original
& revised plans submitted by the developers and sanctioned by the relevant
authorities of the PMC?
b. Did your officers or relevant department(s) was aware of this
fact, that developers have not provided or demarcated dedicated area for
visitors parking for Phase 1?
c. How come your officer(s) or relevant department provided
completion & occupancy certificate without ensuring that necessary visitor
parking are indeed provided by the developer?
d. Given the above-mentioned circumstances, what action(s) would
you propose to be taken against the defaulting developers if they are found to
have not complied with this requirement?
An Appeal:
As evident from the above stated facts, the
Phase 1 of the Palladium Grand complex located at s/no. 17/1-A/2, Dhanori, Pune
411015 is not complete in any respect. We wonder how come your officers and
relevant departments ensured that developers get the completion and occupancy
certificate. Therefore, we appeal to you the following:
- Phase
1 of the Palladium Grand complex is treated incomplete, and the developers
may please be directed to complete the remaining work as per the norms set
by the PMC without any further delay.
- Developers
may please be directed to ensure that the residents face no hardship or
inconvenience or difficulties, and that they should not resort to heavy
handedness.
- Developers
may please be directed to the aptly and appropriately compensate the flat
owners for not providing the facilities and services as mandated by the
PMC.
- Developers
may be ordered to stop work on all their projects unless they complete the
Phase 1 of the Palladium Grand as per the PMC norms.
- Developers
may be black listed for cheating the civil authorities by not complying
with the pledges made to your office, and for blatantly violating the rules,
procedures and norms established by the Pune Municipal Corporation.
We sincerely hope that your good office and
the relevant departments and/or officers of the PMC will take serious note of
the issues raised in this memorandum and will initiate exemplary action against
the defaulting developers.
We would further be happy to meet you or any
of your officers in person to apprise them of the minute details of each of the
issues raised here. At the same time we would appreciate spot visits/surveys of
your officers to abreast themselves of the ground realities in consultation of
the interim ad-hoc committee of the Palladium Grand flat owners.
Undersigned have been authorized by the flat
owners to communicate this memorandum to you on their behalf. Further the
signatures and support letters of individual flat owners are appended to this
memorandum.
We look forward to your response at the
earliest and prompt action in this regard,
Sincerely,
Flat Owners, Palladium Grand,
Dhanori, Pune 4110015
