The builder has sought Rs 95 lakh as compensation with 18 per cent interest per annum from the residents. The court on Wednesday did not give immediate ad-interim relief to the builder, but postponed the matter to November 25 for residents to submit a formal response.
The legal notices have been issued by Neepa Real Estates (P) Ltd (Sheth Creators) to three housing societies at Vasant Oasis – Ornella Tiffany Emerald CHS, Veronica Rosabel Ebony CHS and Petunia Bluebell CHS.
The residents, for their part, said they have paid nearly Rs 2 crore for their apartments but have still suffered from constant water leakage problems. They also alleged that the builder wants to take away the open space where their children play and turn it into stack mechanised parking.
The eight-tower Vasant Oasis complex has 1,102 families comprising 4,000 residents. Chairman of Veronica Rosabel Ebony CHS, Dhananjay Wagh said, “Our apartments have leakages and are infested with termites. The builder’s notice says we have mala fide interests and are seeking monetary benefit out of it. It has only been three years and our only open space is being taken away.” Wagh alleged that the developers have not been able to sell all flats and want the residents to compensate for the loss.
Samarjeet Singh, a resident of Ornella Tiffany, said the builder has started the work on stack parking at the stilt level (S-level), where children play and cycle and the elderly sit out and walk.
Singh said the developers, for over a month, have been trying to build the parking. “When we objected and asked for BMC permissions to be shown, they said it isn’t within our rights. When we approached the BMC, we were told no such permission was granted,” he said.
Confirming that the court has been moved against the residents, a spokesperson for Neepa Real Estates responded to an email query from Mirror, saying, “We are constructing the layout in accordance with law and after receipt of all permissions. All open spaces are in the layout. In fact, we have handed over a huge garden area to the BMC, which can be used by the residents and other citizens.” The spokesperson said the builder has provided all amenities as stated in the brochure. “There is no stack parking in the S-level and we will carry out activities after receipt of necessary permissions,” the statement read.