Hello All,
Today there was an interactive meeting in NCC meadows attended by about 48 owners including Management Committee over the vexed issue of surrendering our rights to Meadows II and back to NCCUIL. Despite repeatedly mentioning that legally it is not possible, some members (about 25 to 30) who believe in Kangaroo court and Kalph panchayat are bent on resorting to illegal ways of merging. I strongly believe in law and justice and have faith in courts.
I was not present in today's meeting but I was given to understand that about 25 odd pro-group members resorted to unruly behavior and intimidation forcing the MC members to call for hurried SGM circumventing the bye-laws. As per bye-laws there are only two ways to call SGM
a) Owners can ask for SGM if 51% of members which is 160 in case submit a signed memorandum to President.
b) President of the MC can call for SGM subject to majority of MC members approving the same for administrative reasons or emergency situatioHello All,
Today there was an interactive meeting in NCC meadows attended by about 48 owners including Management Committee over the vexed issue of surrendering our rights to Meadows II and back to NCCUIL. Despite repeatedly mentioning that legally it is not possible, some members (about 25 to 30) who believe in Kangaroo court and Kalph panchayat are bent on resorting to illegal ways of merging. I strongly believe in law and justice and have faith in courts.
I was not present in today's meeting but I was given to understand that about 25 odd pro-group members resorted to unruly behavior and intimidation forcing the MC members to call for hurried SGM circumventing the bye-laws. As per bye-laws there are only two ways to call SGM
a) Owners can ask for SGM if 51% of members which is 160 in case submit a signed memorandum to President.
b) President of the MC can call for SGM subject to majority of MC members approving the same for administrative reasons or emergency situatio
Today I heard a big joke which Mr.G.Venkat had used to lure some owners to join him in his en devour to take over the maintenance of both projects. He had agreed to maintain our property at Rs1.90/sft. Way back in Dec 2011 , he had demanded Rs2.55/sft and suddenly the change of heart to reduce to Rs 1.90/sft ,discounting inflation etc is not understood. How much have they charged from buyers of Meadows II for 2 years maintenance.? Is he going to subsidize from your collection towards Meadows expenditure.?Today I heard a big joke which Mr.G.Venkat had used to lure some owners to join him in his en devour to take over the maintenance of both projects. He had agreed to maintain our property at Rs1.90/sft. Way back in Dec 2011 , he had demanded Rs2.55/sft and suddenly the change of heart to reduce to Rs 1.90/sft ,discounting inflation etc is not understood. How much have they charged from buyers of Meadows II for 2 years maintenance.? Is he going to subsidize from your collection towards Meadows expenditure.?
Ramakrishnan- The obligation under Act 7 of KOFA is not mandate of landowner ,but each and every buyer of apartment. If the builder violates the sanctioned plan then he has cheated you and you can file a case under sec 419 and 420. Just because land owner has majority of flats does mean he can be a mafia. I was banned from this forum but have surprisingly got back. We have media with us and they are waiting for the script. I am waiting for outcome to publish same.Ramakrishnan- The obligation under Act 7 of KOFA is not mandate of landowner ,but each and every buyer of apartment. If the builder violates the sanctioned plan then he has cheated you and you can file a case under sec 419 and 420. Just because land owner has majority of flats does mean he can be a mafia. I was banned from this forum but have surprisingly got back. We have media with us and they are waiting for the script. I am waiting for outcome to publish same.
Laws are on your side even if by deceit the Marketing Office have obtained your consent. Under what laws the builder can enforce ill legitimate conditions on the buyers when you have paid for your facilities. Today it is Meadows , and under same analogy any tom ,dick and harry can be made party to use your legitimate rights. Suggest you join together and take up in press this juicy article of fraud committed on you and let public at large know what NCC is all about. Also quoting KOFA 1972 Sec 16 which rules out all ambiguities you may proceed with WP in court ,and obtain stay order which may even delay the commissioning of the project.Laws are on your side even if by deceit the Marketing Office have obtained your consent. Under what laws the builder can enforce ill legitimate conditions on the buyers when you have paid for your facilities. Today it is Meadows , and under same analogy any tom ,dick and harry can be made party to use your legitimate rights. Suggest you join together and take up in press this juicy article of fraud committed on you and let public at large know what NCC is all about. Also quoting KOFA 1972 Sec 16 which rules out all ambiguities you may proceed with WP in court ,and obtain stay order which may even delay the commissioning of the project.
Mr Kameshwar - please do not misguide the owners of Meadows II. First you seem to be either ignorant or choose to ignore about developments in our Meadows. I too bought the apartment to enjoy peaceful living in a small and self contained complex which is being threatened. Why should I poison them and what do I gain. Please be honest and upright to put facts and figures. Certainly, a well educated person would have to answer following-
a) Why was MC forced to conduct 2 interactive meetings and what for?
b)What does the sub committee report say.
c) What is the meaning of Mr puspendra statement in Adda which I quote' Bigger Club house' indoor badminton court' cricket pitch etc- Is it for watching with thumb sucking ?
Incidentally, both gentlemen of Meadows II along with few other are in regular touch with me and you are not aware how Marketing office has duped them. Yes I take head on with those who cheat or indulge in illegality. If you are honest / upright then why have fear.Mr Kameshwar - please do not misguide the owners of Meadows II. First you seem to be either ignorant or choose to ignore about developments in our Meadows. I too bought the apartment to enjoy peaceful living in a small and self contained complex which is being threatened. Why should I poison them and what do I gain. Please be honest and upright to put facts and figures. Certainly, a well educated person would have to answer following-
a) Why was MC forced to conduct 2 interactive meetings and what for?
b)What does the sub committee report say.
c) What is the meaning of Mr puspendra statement in Adda which I quote' Bigger Club house' indoor badminton court' cricket pitch etc- Is it for watching with thumb sucking ?
Incidentally, both gentlemen of Meadows II along with few other are in regular touch with me and you are not aware how Marketing office has duped them. Yes I take head on with those who cheat or indulge in illegality. If you are honest / upright then why have fear.
For owners of Meadows II. I have checked up with an eminent lawyer about the merger issue. Though by deceit the Marketing office had taken in writing about the sharing of facilities ,yet as per para (f) of agreement for sale in Meadows II it is very clear that schedule A of the property will be held by all the apartment owners as co-owners.......... vest in the apartment owners to be used by all of them jointly and in common.
Therefore where do aliens from Meadows fit in. Also the wall between the two projects is as per approved sanctioned plan and hence the builder is obliged to build as the approved design and specifications in terms of 'KOFA act' as failure to do so may result in conviction and imprisonment.
For further information kindly get in touch with me on 9739307942 or c_babu@hotmail.com
Except for Mr.G.Venkat the top management of NCC is not interested in the merger issue as they are not into property management.For owners of Meadows II. I have checked up with an eminent lawyer about the merger issue. Though by deceit the Marketing office had taken in writing about the sharing of facilities ,yet as per para (f) of agreement for sale in Meadows II it is very clear that schedule A of the property will be held by all the apartment owners as co-owners.......... vest in the apartment owners to be used by all of them jointly and in common.
Therefore where do aliens from Meadows fit in. Also the wall between the two projects is as per approved sanctioned plan and hence the builder is obliged to build as the approved design and specifications in terms of 'KOFA act' as failure to do so may result in conviction and imprisonment.
For further information kindly get in touch with me on 9739307942 or c_babu@hotmail.com
Except for Mr.G.Venkat the top management of NCC is not interested in the merger issue as they are not into property management.
Mail from NCC
Boundary wall between Nagarjuna Meadows Phase I & II.
With reference to mails from the phase I customers and tele / personal discussions for construction of boundary wall between Nagarjuna Meadows Phase I &II.
NCCUIL has no reservations either to integrate or separate.
Option -I
We can integrate both phases provided the following are to be complied:The resolution has to be passed in the EGM with majority. The voting can be over the mail also for those out of station.If the majority votes for integration then, the following to be implemented: The phase I maintenance will be taken over by NCC UIL and will be combined with Phase II (During this period the phase I association will be advisory committee for phase I). On completion of warranty period of Phase II new committee will be formed by way of election with representation of both phases.The merged complex maintenance will be operational under the NCC UIL for one year then it will be handed over to association.Mail from NCC
Boundary wall between Nagarjuna Meadows Phase I & II.
With reference to mails from the phase I customers and tele / personal discussions for construction of boundary wall between Nagarjuna Meadows Phase I &II.
NCCUIL has no reservations either to integrate or separate.
Option -I
We can integrate both phases provided the following are to be complied:The resolution has to be passed in the EGM with majority. The voting can be over the mail also for those out of station.If the majority votes for integration then, the following to be implemented: The phase I maintenance will be taken over by NCC UIL and will be combined with Phase II (During this period the phase I association will be advisory committee for phase I). On completion of warranty period of Phase II new committee will be formed by way of election with representation of both phases.The merged complex maintenance will be operational under the NCC UIL for one year then it will be handed over to association.
DEED OF CANCELLATION
Section 13 of Specific Relief Act 1963, deals with the cancellation deeds. There may be certain written documents, which by their nature or by operation of law or by some other reasons are void, violable. Such documents if left as they are and outstanding may harm the interest, right, titles privileges of some party. Such person may institute a suit, praying for cancellation of such written documents, and the court in its discretion if thinks it proper may order for Cancellation of such written document.
There may be documents of contract, which are void as they are against Law Public Policy or violable if they are vitiated by fraud coercion or other similar grounds. The parties to the document may also cancel such documents by mutual consent without referring to the court. An agreement for sale, lease, mortgage, license, partition, may be cancelled by the parties with consent of all parties.
But at times, the matter of cancellation of document may not beDEED OF CANCELLATION
Section 13 of Specific Relief Act 1963, deals with the cancellation deeds. There may be certain written documents, which by their nature or by operation of law or by some other reasons are void, violable. Such documents if left as they are and outstanding may harm the interest, right, titles privileges of some party. Such person may institute a suit, praying for cancellation of such written documents, and the court in its discretion if thinks it proper may order for Cancellation of such written document.
There may be documents of contract, which are void as they are against Law Public Policy or violable if they are vitiated by fraud coercion or other similar grounds. The parties to the document may also cancel such documents by mutual consent without referring to the court. An agreement for sale, lease, mortgage, license, partition, may be cancelled by the parties with consent of all parties.
But at times, the matter of cancellation of document may not be
Yes the w
Pushpendra uprety
C 1003
29/12/13 01:37PM
Dear Team MC,
Per MC's last mail on the boundary wall issue, the same is not considered a priority by the MC, we have hereby submitted today an official request for SGM on the Boundary Wall issue to NMAOA's office Mr. Umesh.
As required, agenda of the discussion will be the Boundary Wall issue with meeting date for the 2nd Saturday of January 2014 i.e. 11-Jan 2014.
Umesh shall be sharing the cover letter and the orginal signed request from 12 owners (1 more added post the scan) with Mr. Subhash or Mr Reddy today.
In the cover letter we have asked for the following (within 24 hrs.):
1. Confirmation of receipt of the letter
2. Confirmation of acceptance/denial of the request for meeting
3. Grounds for denial for meeting (if not accepted)
As for the Corpus issue, we look forward to MC's and other owner's active participation on the subject.
thanks,
Pushpendra
C-100Yes the w
Pushpendra uprety
C 1003
29/12/13 01:37PM
Dear Team MC,
Per MC's last mail on the boundary wall issue, the same is not considered a priority by the MC, we have hereby submitted today an official request for SGM on the Boundary Wall issue to NMAOA's office Mr. Umesh.
As required, agenda of the discussion will be the Boundary Wall issue with meeting date for the 2nd Saturday of January 2014 i.e. 11-Jan 2014.
Umesh shall be sharing the cover letter and the orginal signed request from 12 owners (1 more added post the scan) with Mr. Subhash or Mr Reddy today.
In the cover letter we have asked for the following (within 24 hrs.):
1. Confirmation of receipt of the letter
2. Confirmation of acceptance/denial of the request for meeting
3. Grounds for denial for meeting (if not accepted)
As for the Corpus issue, we look forward to MC's and other owner's active participation on the subject.
thanks,
Pushpendra
C-100
Some good news- Today, I was fortunate to meet BBMP commissioner in connection with some other issue pertaining to our Trust on lake development, and brought the topic of the two projects and the construction of ongoing wall between the two projects. He assured that without his permission the builder has no right to demolish ,and that he asked for a petition from some of meadows and meadows II owners accordingly so that he will not accord permission if the builder seeks to bring down the wall. He referred sec 199 of Karnataka muncipal act. Don't have to bother about the silent majority and if the go as per law no one on earth can stop us from prevailing the truth and justice.
Kindly get in touch with me for further action.Some good news- Today, I was fortunate to meet BBMP commissioner in connection with some other issue pertaining to our Trust on lake development, and brought the topic of the two projects and the construction of ongoing wall between the two projects. He assured that without his permission the builder has no right to demolish ,and that he asked for a petition from some of meadows and meadows II owners accordingly so that he will not accord permission if the builder seeks to bring down the wall. He referred sec 199 of Karnataka muncipal act. Don't have to bother about the silent majority and if the go as per law no one on earth can stop us from prevailing the truth and justice.
Kindly get in touch with me for further action.
Mr.Kameshwar- You rightly said I am a proponent of staying in a small well managed community. Each individual has its own criteria for selection be it apartment complex, car or mobile phones etc.I am sure you you too would have had some criteria before buying your apartment. I finally inked the deal only after carefully checking all the statutory documents that meadows will remain as small complex. Now forcing me to accept the Dikhat of the few is against the guarantee signed by the builder. If I was told earlier in clear uncertain terms that the next project will be merged ,I would have gone elsewhere . Having spent all my life in stand alone apartments at Mumbai I preferred same for peaceful living . Home is place where after hectic day's schedule one would like to relax , spend time with family and not convert the complex into political arena. I am a senior citizen who still believe in values one of which is' learn to live within your means and don't grab/loot others thingsMr.Kameshwar- You rightly said I am a proponent of staying in a small well managed community. Each individual has its own criteria for selection be it apartment complex, car or mobile phones etc.I am sure you you too would have had some criteria before buying your apartment. I finally inked the deal only after carefully checking all the statutory documents that meadows will remain as small complex. Now forcing me to accept the Dikhat of the few is against the guarantee signed by the builder. If I was told earlier in clear uncertain terms that the next project will be merged ,I would have gone elsewhere . Having spent all my life in stand alone apartments at Mumbai I preferred same for peaceful living . Home is place where after hectic day's schedule one would like to relax , spend time with family and not convert the complex into political arena. I am a senior citizen who still believe in values one of which is' learn to live within your means and don't grab/loot others things
This is not news but a written proposal from Mr.Venkat,Manager of NCCUIL to the Management Committee of Meadows. The background of the whole issue is that marketing staff of NCCUIL had earlier made tall promises to Meadows buyers, which included that they can use the facilities of Meadows II project. when it is completed. Some owners of Meadows who were duped by marketing team have now raised protest ,due to construction of wall between the two projects.These owners wanted the Management Committee of Meadows to take up merger of the two projects with NCCUIL. After, examining technicalities and legal implications the Management Committee had distanced itself as its not possible for such merger.and requested these few owners to approach NCC marketing office who had promised such merger. Accordingly, NCCUIL had sent such proposal. Since, its not possible to write elaborately, prospective owners may contact me personally on 9739307942 for appraising the same and substantiating with evidenThis is not news but a written proposal from Mr.Venkat,Manager of NCCUIL to the Management Committee of Meadows. The background of the whole issue is that marketing staff of NCCUIL had earlier made tall promises to Meadows buyers, which included that they can use the facilities of Meadows II project. when it is completed. Some owners of Meadows who were duped by marketing team have now raised protest ,due to construction of wall between the two projects.These owners wanted the Management Committee of Meadows to take up merger of the two projects with NCCUIL. After, examining technicalities and legal implications the Management Committee had distanced itself as its not possible for such merger.and requested these few owners to approach NCC marketing office who had promised such merger. Accordingly, NCCUIL had sent such proposal. Since, its not possible to write elaborately, prospective owners may contact me personally on 9739307942 for appraising the same and substantiating with eviden
Hello Mr.Nitin & Ramakrishnan- I don't make stories ,nor exaggerate but put up only facts .Please see comment at 7 above,which is verbatim of the proposal from NCCUIL. Simple if the die hard merger groups feel that I am defaming them with false allegations , then I challenge them to file a defamation suit against me.The basis of telling I don't like children is not understood. I have brought up my daughter who is already married and settled. Secondly, not taking part in complex festivities is one's personal choice and is not binding. I have my own circle of like minded friends and also member of two best clubs which I use for my recreation. Therefore, mixing my personal life with merger issue by Mr.Kameshwar is uncalled for and not understood. Also his statement that I am spitting venom may be in the context of ' Truth is bitter' and the bitterness may be referred to venom.Hello Mr.Nitin & Ramakrishnan- I don't make stories ,nor exaggerate but put up only facts .Please see comment at 7 above,which is verbatim of the proposal from NCCUIL. Simple if the die hard merger groups feel that I am defaming them with false allegations , then I challenge them to file a defamation suit against me.The basis of telling I don't like children is not understood. I have brought up my daughter who is already married and settled. Secondly, not taking part in complex festivities is one's personal choice and is not binding. I have my own circle of like minded friends and also member of two best clubs which I use for my recreation. Therefore, mixing my personal life with merger issue by Mr.Kameshwar is uncalled for and not understood. Also his statement that I am spitting venom may be in the context of ' Truth is bitter' and the bitterness may be referred to venom.
First it is not phase 1 or phase 2, but Meadows and Meadows II ,as I have all the statutory documents, photos of big signboards staring from BIAL to mekri circle, the pamphlets distributed in realty fairs .The builder has not anywhere mentioned as phase 1 or phase 2. So I do not understand how Mr,Kameshwar refers as phase 1 / 2 ,which certainly has legal implications. Request produce any single document where its conceived as single project with two phases. The builder can number the building in any fashion like A-D , H or ZYD but that does not give legal sanction . I am amused to know that Meadows II has its own DOD even without OC or formation of your association. What is DOD? After the occupation of complex by sufficient buyers, the builder is obliged to call for General body mtg under KOFA 1973, elect MC , draft DOD and bye-laws in terms of KAOA1972 get it registered under apartment ownership act. DOD implies that complex & assets have been handover over by the builder to assocFirst it is not phase 1 or phase 2, but Meadows and Meadows II ,as I have all the statutory documents, photos of big signboards staring from BIAL to mekri circle, the pamphlets distributed in realty fairs .The builder has not anywhere mentioned as phase 1 or phase 2. So I do not understand how Mr,Kameshwar refers as phase 1 / 2 ,which certainly has legal implications. Request produce any single document where its conceived as single project with two phases. The builder can number the building in any fashion like A-D , H or ZYD but that does not give legal sanction . I am amused to know that Meadows II has its own DOD even without OC or formation of your association. What is DOD? After the occupation of complex by sufficient buyers, the builder is obliged to call for General body mtg under KOFA 1973, elect MC , draft DOD and bye-laws in terms of KAOA1972 get it registered under apartment ownership act. DOD implies that complex & assets have been handover over by the builder to assoc
Its good move from your end and please gather more prospective buyers in Meadows II. The marketing office has bunch of cheats and as part of sales pitch they give false assurances according to buyer's mood. Please insist in writing that they have no intension for any move to merge. Another important question is why is the construction of boundry wall between the 2 projects held up when the wall has already been constructed on other sides. Suggest address e-mail directly to Mr.JSR Raju ,Director of NCCUIL, as the middlemen try to scuttle the real issues. his e-mail ID is jsrraju@nccurban.comIts good move from your end and please gather more prospective buyers in Meadows II. The marketing office has bunch of cheats and as part of sales pitch they give false assurances according to buyer's mood. Please insist in writing that they have no intension for any move to merge. Another important question is why is the construction of boundry wall between the 2 projects held up when the wall has already been constructed on other sides. Suggest address e-mail directly to Mr.JSR Raju ,Director of NCCUIL, as the middlemen try to scuttle the real issues. his e-mail ID is jsrraju@nccurban.com
First and foremost it is not phase 1 or phase II. These are two separate and independent projects to be addressed as Meadows and Meadows II . Both have separate swimming pool, club house, Gym etc but what is lacking is children play area and kirana shop in Meadows. Just for these two facilities will owners of Meadows II wish to comprise use of other facilities in Meadows II by residents of Meadows.First and foremost it is not phase 1 or phase II. These are two separate and independent projects to be addressed as Meadows and Meadows II . Both have separate swimming pool, club house, Gym etc but what is lacking is children play area and kirana shop in Meadows. Just for these two facilities will owners of Meadows II wish to comprise use of other facilities in Meadows II by residents of Meadows.
Thanks to those owners of Meadows II for contacting me on the above and request some more join and form a group to jointly take up your cause. After all you have paid for the project and cannot allow others to trespass into your lawfully acquired property. Once you have sufficient strength we can seek an appointment with Mr.JSR Raju to iron out the lacuna and other deficiencies caused by Marketing office. As per KOFA 1972, which is the bible for development of the project and obligations of the builder /buyer till formation of association, you also have a right to know the particulars of the other prospective buyers which the builder must furnish if you legally demand. Also the property management team is required to maintain a separate bank account and disclose details of deployment when demanded by owners , which Mr.G Venkat would conveniently deny for obvious reasons.Thanks to those owners of Meadows II for contacting me on the above and request some more join and form a group to jointly take up your cause. After all you have paid for the project and cannot allow others to trespass into your lawfully acquired property. Once you have sufficient strength we can seek an appointment with Mr.JSR Raju to iron out the lacuna and other deficiencies caused by Marketing office. As per KOFA 1972, which is the bible for development of the project and obligations of the builder /buyer till formation of association, you also have a right to know the particulars of the other prospective buyers which the builder must furnish if you legally demand. Also the property management team is required to maintain a separate bank account and disclose details of deployment when demanded by owners , which Mr.G Venkat would conveniently deny for obvious reasons.
Also advise to owners of Meadows II. please do not get swayed by what the Marketing team says as they use all stunts to sell their product. Please spend sufficient time to go through all the statutory documents like KOFA 1972, National Buildinng code etc and do your home work thoroughly so that we should be able to drive the nail at the correct point when need arises.Also advise to owners of Meadows II. please do not get swayed by what the Marketing team says as they use all stunts to sell their product. Please spend sufficient time to go through all the statutory documents like KOFA 1972, National Buildinng code etc and do your home work thoroughly so that we should be able to drive the nail at the correct point when need arises.
Dear Mr.Nitin - Please send your Tel no and e-mail address to my c_babu@hotmail.comDear Mr.Nitin - Please send your Tel no and e-mail address to my c_babu@hotmail.com
