Complaint Details

Status	:	Closed
Complaint No	:	0088721/2017
Category	:	Real Estate
Date	:	01-04-2017
Subject Line	:	Contravention of Statutory Notification issued by Govt of Maharashtra
Complainant	:	Vineet Malik
Address	:	Gurgaon
Complainee	:	Ekta World Pvt Ltd
Address	:	401, 403 Hallmark Business Plaza , Bandra East

Complaint Details
Sir,

Despite , a statutory notification issued by Govt of Maharashtra , promoters of Ekta World Pvt Ltd are cheating people at large by incorporating umpteen abusive and draconian clauses along with a clause in its Builder Buyer Agreement which is contravening , violating and deliberately defying the said notification with intention to fleece money in lieu of NOC.

Besides above illegal acts , this builder is also challenging the Hon'ble Supreme Court landmark decision in "KAMLESH AGGARWAL V/S NARAIN SINGH DABAS AND ANR., [ IV(2015)CPJ1(SC)]. by retaining all the legitimate Rights belonging to the society residents and taking their consent for not raising any objection thereof.

As Quoted verbatim in Ekta World Pvt Ltd Builder Buyer Agreement..

"THE SOCIETY SHALL FUNCTION AS PER THE RULES AND REGULATIONS FRAMED BY THE DEVELOPER. ALL THE DEVELOPMENT POTENTIAL OF THE SAID LAND / SAID LARGER PROPERTY INCLUDING THE EXISTING AND FUTURE FSI AND OR TDR TO ARISE IN ANY MANNER WHATSOEVER SHALL ALWAYS STAND VESTED IN THE DEVELOPER AND THE DEVELOPER SHALL ALWAYS BE ENTITLED TO UTILIZE AND EXPLOIT THE SAME UPON THE BUILDINGS CONSTRUCTED THEREUPON AS DEEMS FIT BEFORE OR POST EXECUTION OF TRANSFER OF DOCUMENTS AND THE PURCHASER AND / OR THE SAID SOCIETY TO BE FORMED AND REGISTERED SHALL HAVE NO RIGHT OF ANY NATURE WHATSOEVER IN RESPECT THEREOF".

"THE RIGHTS SHALL RETAINED BY THE DEVELOPER UNDER THIS AGREEMENT IN TERMS OF EXPLOITATION OF THE PRESENT AND FUTURE RIGHTS WITH RESPECT TO THE SAID LAND SHALL CONTINUE EVEN AFTER THE EXECUTION OF THE DEED OF CONVEYANCE AND / OR AFTER STATUTORY VESTING OF THE SAID LAND IN FAVOR OF THE SOCIETY AND THE SAME SHALL BE RESERVED THEREIN IN TERMS OF COVENANT AND UNDERTAKING OF THE SOCIETY TO DEVELOPER ".

Promoters of Ekta World Pvt Ltd - Mr Ashok Mohanani - MD and Mr Vivek Mohanani - Jt MD with nefarious designs are contravening , circumventing , nullifying , negating , eluding , abrogating and overriding the said Statutory notifications passed by Govt of Maharashtra.

Regards ,

Vineet Malik

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