Hawelia imposes high CAM during lockdown at Valenova Park; residents protest

At a time when the district administration of Gautam Buddh Nagar is asking the builders not to hike maintenance during the lockdown, with even the threat of FIR, Hawelia has imposed a full scale maintenance at its just delivered project, Valenova Park. With only 15 odd residents living over there and most of the facilities not ready with the project having only TOC, the protestin buyers are demanding the maintenance to be rolled back. 

Hawelia Valenova Park, the second group housing project of the builder, is increasingly turning out to be a flashpoint of builder & buyer conflict. With only 30 odd sub lease deed executed before the lockdown and 15 residents living at the project, the society is crying for basic amenities like individual electricity connections, broadband installation, convenience store, car parking, STP, among others. The builder nevertheless wants full CAM (Common Area Maintenance) with all those buyers having got the registry done, even if they have not shifted into the society.

It is pertinent to note here that the project could only get the TOC (Temporary Occupancy Certificate) almost seven years after its launch due to pending work. The builder has already coerced the buyers to pay two years advance maintenance, or else the buyers are being denied the tri-party sublease deed. This has been over and above the additional one year advance club charges even when the club is not even ready.  

The buyers allege that at the time of asking for two years advance maintenance to be paid, they were verbally assured that the full maintenance would be applicable only after the services would be put in place. The builder has also coerced the buyers to sign on the dotted lines a satisfaction report that the home buyers have seen the designated parking and are satisfied with the same.      

In the absence of individual electricity connections the residents have been given direct connection from the project site. The limited load capacity is hence resulting into damage of electrical appliances of the residents. The builder, on its part, rather issues the advisory to be economical with the power usage. The angry residents have even questioned whether they should also ration the use toilets since the STP is yet not ready.  

It is pertinent to note here that the buyers wrath with respect to the electrical connections also stems from the fact that they have been forced to pay for DG installation twice, even after having been paid for electricity installations with the project cost. They have not been refunded any of the amount being charged for electrical purposes before multi-meter system was introduced

The buyers of Valenova Park have questioned that at a time when the District Administration of Gautam Buddh Nagar has warned the maintenance of Eros Sampoornam to stop hiking maintenance charges during the lockdown  or else face arrest, how come Hawelia is hell-bent to charge maintenance without giving them any facilities, other than water and limited electricity with diktat to use it economically.

Furthermore, in a mail to the builder the buyers have reminded Hawelia that the UP RERA in its judgment against KSN Buildcon had directed the builder not to charge maintenance at KSN Square till CC is obtained and 60% occupancy is ensured. The status of Hawelia Valenova Park is TOC and yet not OC or CC for the given project.

The buyers of Valenova Park are also demanding to share with them present actual maintenance cost with distribution of all these expenses on total billable area of complex to have actual per sq ft CAM rate and Cam rate presently charged from them. After all, the project is still incomplete in terms of common area finishing, and some of the towers are still incomplete.

Now that the residents have marked the protest mails to the district administration of Gautam Buddh Nagar and all the higher officials of GNIDA, the builder has responded with a vague answer, “You are requested to once again refer to the common area maintenance agreement which has been executed with the nominated maintenance agency. The said agency has ensured us that the scope of work defined therein along with compliance to the directions of lockdown by the Government are being serviced to the residents of the society. The society is being serviced with the required number of housekeeping team, security personnels, common area lighting, common area cleaning, availability of electricians, plumbers, lift operators, mechanical staff round the clock, etc.”

However, there is no external maintenance agency and the referred agency is an in-house company of the builder. Many residents have been stuck up in the lifts and the maintenance team is more often than not helpless. The support staff is in rotation and also serving the other project of the builder, Hawelia Valencia Homes. The buyers hence blame the builder for cheating & breach of trust. They are demanding a roll back of the maintenance or face legal action. 

Ravi Sinha


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