Builders of Dwarakamai layout forcefully depriving basic amenities to Villa owners

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We are residents of Dwarakamai Layout at ECC Road Whitefield, Bangalore. We have spent all our lifetime saving to buy a villa in Dwarakamai Layout, but have been staying in this layout with no peace of mind. Due to the feudalistic mindset of the builder, we residents are being put to immense hardship for no faults of ours. Even after 8 years of selling the first villa, the builder has not formed the Association. Fed up with harassment and illegitimate claim for money from the builder, all the 14 owners who bought the villas from builder got together and formed Dwarakamai Home Owners Association. After that, the builder forcefully locked the common area Water Treatment Plant (WTP), Street lights, Diesel Generator, Intercom with the motive to harass the residents and we are without water for more than a month. The builder has already collected money from us during Sale of Villa for construction of the common area amenities like WTP, Street Lights, Diesel Generator, Children Park and now forcefully denying us access by locking it. Infact, as per Sale Deed, they should have constructed Swimming Pool and Clubhouse, that is non-existent till date.

Jatti Engineering India Pvt. Ltd. (JEIPL, the builder, represented by its director Mr. D. B. Jatti and Smt. Lakshmi D. Jatti) is the builder for Dwarakamai Layout, Sy. No. 51, ECC Road, Whitefield. The builder got Bangalore Development Authority (BDA) approval for the layout bearing no. BDA/TPM/PL-24/04-05 on 18/05/2005 and BDA also issued an Endorsement dated 06/09/2006. The first Villa was sold in Mar 2009. Ever since the builder JEIPL has been maintaining it. The builder has never been transparent with respect to maintenance charge, recruitment of maintenance staff and their operation. Builder has been harassing each Villa Owner, their kids, their parents individually. Some owners were not allowed to walk or jog in the internal road, kids are not allowed to cycle. They put autocratic rules like Utility vehicles like Gas, airport Taxi are not allowed inside the premises, car lights should be switched OFF while entering the premises, fees to be paid to use the park, internal road for parking. The builder had even cut DG, water of few Villa owners for not following these autocratic rules, even though the residents have been regularly paying maintenance. They claim to hail from prestigious and reputed family and are proud to have us stay on their Eco-Friendly property but they enjoy creating social divides and misunderstandings between the owners. It’s not at all congenial to live and there is no positive energy being enthused from builders. They are manipulative and play one owner against the other.

Builder stays in the layout and is illegally claiming ownership of the common area, they have illegally encroached the internal road between Villa 7 and Villa 8 and built a private garden for their exclusive usage. They have dumped construction material between Villa 12 and Villa 14 that is causing lot of inconvenience to the residents. The builder is badly maintaining the sewerage, garbage disposal area, park causing bad smell and has become a breeding ground for mosquitoes, snakes. Even after 8 years of sale of first villa, the builder is not cooperating to form Association. Builder has never shared with us the audited account report for the maintenance. When we asked them regarding association formation, instead of cooperating, they sent us illegal demand notice for maintenance payment dated back to 2012, even though residents has paid maintenance regularly.

 Fed up with these autocratic and authoritative style of functioning of the builder, all the Villa owners joined together and formed Dwarakamai Home Owners Association (DHOA) on 22nd July 2017 with Registration no. SOR-3/294/2017-18. The builder has been dead against it and has illegally locked the Water plant, Diesel Generator, Intercom and Street Light power. Builder threatens to De-register the association and even brought rowdies to scare us (we have CCTV footage of the same). Association has raised a complaint with BBMP Joint Commissioner, Mahadevpura Zone on 07/08/2017. 

The association have got an injunction order from the Honorable Civil Court (Filing No. – OS/739/2017 and Registration No. – OS/712/2017 dated 04/08/2017) against the builder, JEIPL for not interfering and disrupting the basic amenities like electricity, water, sewerage, DG etc. Still the builder is not cooperating to connect water, DG, intercom. Association has sent the builder multiple request for discussion on the issue, but the builder didn’t bother to cooperate. Fed up, Association has filed a harassment complaint with Whitefield Police Station  on 12/08/2017 for disobeying the orders for the Honorable High Court and the builder still continues to disrupt water, DG, intercom,common area street lights. The builder is not even cooperating with police.Builder is creating problem with security agency who have been legally appointed by the Association to maintain the layout. 

We want Builder should not disrupt Association's work on maintaining the amenities and common area facilities and stop harassing each villa owners mentally. Please join us and support this case else we common people will loose faith from the legal system of India and our hard earn money will go in vain.

Regards,

Dwarakamai Home Owners Association

Sy 51 & 51/1 ECC Road, Whitefield, Bengaluru 560066

 



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