Gurugram condominium RWA member ‘beaten up’ in tiff over maintenance

Posted on: October 3, 2018, by :

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The Gurugram police booked four employees of a maintenance company of a condominium in Sector 50 for allegedly thrashing members of the residents’ welfare association (RWA) on Monday morning. A 35-year-old resident was also injured in the clash.

Residents of The Hibiscus alleged that several men thrashed a group of RWA members, who were visiting the maintenance office to inquire about the handover of the society by the maintenance company to the RWA, which they have been demanding for the past two months. The incident took place around 9.30am.

The police registered a case against four persons — Sanjay Choudhary, Vikash, Vijay Pal and Hardev, all employees of the maintenance company — under sections 147 (rioting), 149 (unlawful assembly), 323 (voluntarily causing hurt), 341 (wrongful restraint) and 506 (criminal intimidation) of Indian Penal Code at the Sector 50 police station. Police commissioner K K Rao said no arrest has been made and the police are conducting a probe.

According to residents, they had approached the district registrar of firm and societies in the first week of September after the handover was delayed. RWA members said that the registrar, on September 29, had issued a direction for handing over the maintenance to the RWA on October 1 (a copy of the direction is with HT).

“We had gone to take over the maintenance when Sanjay Choudhary and other employees refused to hand over the maintenance and called bouncers from the outside,” said RWA president Sanjay Gupta.

RWA members said they left the basement and assembled near a swimming pool, where Choudhary and his aides allegedly assaulted five residents and threatened them.

Dr Sunil Bharati, secretary, RWA, said, “One of the staffers of the maintenance company called the owner of SS Group and after talking to him over the phone, they refused to hand over the maintenance.”

BJP member of Parliament Sukhbir Singh Jaunapuria, the developer of the society, refuted the allegations and said that a few residents are allegedly trying to interfere with their operations. “We are yet to complete the project and work on the penthouses is incomplete. We will hand over the maintenance of the society to the RWA once we receive the completion certificate. The residents are in a hurry, but the process would be done once we are completely done with the project,” Jaunapuria said.

The provisions of the Haryana Apartment Ownership Act, 1983, and the Haryana Apartment Ownership Rules, 1987, make it clear that the developer is bound, after forming an association of the apartment owners, to get the deed of declaration executed and registered within a period of 90 days from the date of grant of part occupation certificate/occupancy certificate/part completion certificate/completion certificate, as the case may be, and to hand over the administration of condominium to the said association of the apartment owners.

The association of the apartment owners has been empowered to collect a monthly assessment to run the administration of the condominium.

According to the district town planner rules, the developer can handover the maintenance after obtaining the occupation certificate. The project is currently five years old.

On September 30, SS Hibiscus Apartment Owners Association had written a letter to SS Group Private Limited and Hibiscus Maintenance Private Limited, asking for hand over of the maintenance to the RWA, on the grounds that residents were not satisfied with the services provided by the maintenance agency.

In the letter, residents had listed several complaints, including non-operational hydrant and alarm system, seepage in basement and non-functional sewerage treatment plant, and alleged that despite repeated complaints, no action had been taken by the developer.

In a written reply to the RWA, Ashok Singh Jaunapuria, director, SS Group Private Limited, had denied the allegations about poor maintenance. “All these allegations levied against us (developer) are guided by the illicit motive to take control of the affairs of the complex,” the letter had stated.

The developer further said in the reply that no direction had been issued by the department of town and country planning to hand over the maintenance of the society to the RWA.