Complaint Details

Status	:	Closed
Complaint No	:	0101705/2018
Category	:	Real Estate
Date	:	17-04-2018
Subject Line	:	Non- Formation of Co-Op Housing Society & Conveyance
Complainant	:	Mark Cedric Lobo
Address	:	402 Arsha Villa, St. Francis Avenue, Santacruz West
Complainee	:	Arsha Enterprises Pvt. Ltd.
Address	:	402 Arsha Villa, St. Francis Avenue, Santacruz West, Mumbai 400054

Complaint Details
Tuesday, 17 April 2018
To,
Consumer Complaints Redressal Council (INDIA)
Great Western Building, 130-132,
Shahid Bhagat Singh Road,
Opp. Lion Gate, Next to Cama Hall,
Mumbai - 400 023.
Phone: 2288 5249 / 2284 2590. Fax : 2284 4783
E-mail: consumer.complaints@cfbp.org

Dear Sir / Madam,
Reference: Non- Formation of proposed Co-Op Housing society –
Arsha Villa Co-Operative Society Ltd. ( Arsha Villa, 49, St. Francis Avenue, Santacruz West, Mumbai – 400054)

We are the flat owners of Unit No: 402 in the building “Arsha Villa” in the proposed society Arsha Villa Co-Operative Society Ltd.

We purchased the flat on 12th September 2016 from the seller Mr. Anwar Jamal Khan and on the assurance of the builder / chief promoter (Arsha Enterprises Pvt. Ltd. – represented by Mr. Anis Ahmed Siddhiqui) that the relevant application for society formation had been made to your office and the society was on the verge of being formed.
The building outgoings had already started being billed under the name of Arsha Villa Co-Operative Society Ltd and the Seller paid his final dues in the above name.
I understand Mr. N.S. Virani – Flat No 101 & Mr. Anis Ahmed Siddhiqui (Developer) are signatories to the bank account.
It is now more than 15 months since we have purchased our apartment and we now understand that the Society has still not been registered as we have not received our share certificate. Municipal taxes of the building are not being paid by the builder.
You are requested to let us know as to why the Arsha Villa Co-Operative Society Ltd.
For your ready reference I am attaching the following documents we received at the time of purchase of our flat:
Our Purchase Agreement Copy with the seller and trail of agreements including 1st agreement between the developer and 1st purchaser, which includes copies
1. Index II of our Registered Agreement.
2. NOC from Arsha Enterprises Pvt. Ltd. – represented by its Director Mr. Anis Ahmed Siddhiqui for purchase of flat by Harsha Lobo & Mark Lobo
3. Possession letter given by Seller (Mr. Anwar Jamal Khan)
4. Arsha – Full Occupation Certificate dated 20th August 2011 – File No: CE/1851/WS/AH
5. Property Card of the plot.
6. Typical Floor Plan of unit 2 on 4th Floor along with stilt parking area plan.
7. Our flat is mortgaged to the housing finance company who did a due diligence on the flat before sanctioning our loan.
Other Details that have been provided to us are as follows:
• Building Number: HW1405350040000 CTS No: H/481
• Copy of Municipal assessment bill which indicates taxes on 14 flats of 3 BHK + common areas
• Latest copy of Society Charges Including Municipal Taxes.
• Property Ledger from Municipal Corporation of Greater Mumbai dated 17th April 2018 stating Municipal Taxes amounting to Rs. 664890/- till 31st March 2018 have not been paid by the Chief Promoter even though we have been billed and amount collected from us.
We also understand
• From the developer architect that the total area of the plot is 581.9 sq. meters and FSI is 2 times the plot area of which 1.995 has been consumed
• As per MOFA Regulations the builder is duty bound to form the society which the promoter has not complied with.
• It appears he has some ulterior motive and has prevented the socirty from being formed.
Request you to kindly ensure FSI presently available and / or Future FSI (when available for this plot) will be for the use of all flat owners in equal proportion incase of future redevelopment.

Thank You,
Yours Sincerely

Harsha Lobo / Mark Cedric Lobo

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