Do Not Pay for FAR Construction and Repairs at DPS CGHS Dwarka
Case: DPS Cooperative Group Housing Society (DPS CGHS or DPS Housing Society), Plot No. 16, Sector 4, Dwarka, New Delhi 110 078
While DPS CGHS is among the most corrupt housing societies of Delhi, now the Society MC is trying to start an illegal construction in the building by misleading the members because there is another opportunity of corruption worth crores of rupees. Members should not pay any money to MC for this illegal construction / repairs work.
September 22, 2018
By Rakesh Raman
Although corruption is so rampant at DPS CGHS that a complete book can be written on it, this issue is about the illegal floor area ratio (FAR) construction and repairs project for which the DPS CGHS managing committee (MC) members are trying to extort crores of rupees from the residents / members.
In a letter dated September 17, 2018, the MC claimed that some members of the Society are spreading rumours about the FAR construction. The MC letter was supposedly in response to a 2-page awareness document circulated by some honest members of the Society to inform others about the illegality and corruption in the planned FAR work at DPS CGHS.
The awareness document circulated by the responsible members was so truthful that it completely rattled the corrupt DPS CGHS MC which started defacing the Society walls with its rebuttal and sent similar emails and printed papers within a day to confuse the residents.
The DPS CGHS MC letter signed by secretary M.N. Sampathkumar has also accused and threatened the members who have filed a case for DPS CGHS MC’s termination in the RCS court. In order to start the nefarious FAR construction project, the MC secretary is intimidating the petitioners and others.
The MC has already threatened a couple of petitioners with accusations of wrongdoings in order to get their support for its illegal activities. This intimidation will obviously be part of the case in higher court.
Disturbance of DPS CGHS MC Members
But why are DPS CGHS MC members so disturbed? That is because they know that they are trying to commit another illegal act by plundering public money in the name of an avoidable construction and repairs project.
Although the MC members who have been thriving by cheating the gullible members circulated their confusing response letter, they could not give any reply to the actual issues raised by the Society members in their public awareness document.
The DPS CGHS MC members are misusing their authority to spread falsehood. The MC is circulating a misleading government policy document of 2016 to justify FAR. But that policy is not applicable in DPS CGHS. Members are advised to study all the documents carefully instead of blindly believing the MC members and their repeated lies.
Here are the genuine issues raised by the concerned members who do not want FAR construction in the DPS CGHS Society. The members are being informed about these issues so that they should not pay any money to MC for FAR construction and repairs.
1. DDA Approval Letter? Although the DPS CGHS MC claims that it has received approval from DDA for FAR construction, actually it is only a conditional letter sent by DDA with 26 conditions. You can read it for yourself. DDA has clearly stated that
“Any deviation done against the bye-laws is liable to be demolished and the supervising Architect, engaged on the job will run the risk of having his license cancelled.”
As DPS CGHS MC has given many wrong undertakings at DDA to get the conditional letter, it will never be able to fulfill DDA conditions and its illegal FAR construction will stop. It is happening in the case where the court has stopped FAR construction.
For example, FAR is possible only when all the members (100% members) in a Society agree for FAR. If only one member does not want FAR construction, it cannot be started in a Society building. You can read below the DDA / government rule:
“The existing societies cannot be allowed to extend the structures as this would undermine the strength of the building and put people’s lives at risk… If even a single flat owner disagrees (for FAR), the proposal would have to be shelved (canceled).”
In order to take DDA’s permission fraudulently, DPS CGHS MC has given wrong undertaking in DDA that all DPS CGHS members are in favour of FAR and deposited money for all the members while a large number of members are not in favor of FAR. As DPS CGHS MC has committed a big fraud, DDA is in the process of reviewing the DPS CGHS case. You can click here to study the documentary evidence.
2. Court Stops FAR Construction: Delhi High Court has stopped FAR construction which was happening in a housing society of Dwarka because of its harmful pollution and violation of other DDA conditions as stated above. Then why do DPS CGHS MC members want to start this high-value project? Court has stopped FAR even when the MC claimed it had the support of the majority of members. For documentary evidence, you can check out Case No. W.P.(C) 286/2018 on Delhi High Court website.
3. Cheating in Cost Calculation: In order to cheat the members, the DPS CGHS MC members are extorting excessive money from members. Today, the average cost of construction per sq. ft. in Delhi is between Rs. 1200 and Rs. 1500 (you can search it on the Internet and see the rates in the Google search photo given below).
Suppose, the MC is giving you 200 sq. ft. additional constructed area under FAR scheme; it cannot charge more than Rs. 3 lakh (Rupees Three Lakh Only) from each member. While the Society is presumably getting the work done in bulk for 90 flats, it should get further discounts and the additional FAR construction cost per member should be around Rs. 2 lakh only (Rupees Two Lakh Only).
The cost of repairs will be much lower – just a few thousand rupees for each member. But the MC is demanding about Rs. 10 lakh now and the cost will increase further to cross even Rs. 15 lakh per member when the construction begins. Where is this money going? As MC is trying to loot your money, it will justify the inflated costs with fake quotations.
The MC is getting the support of some rogue members in fraudulently held General Body Meetings (GBMs) and shady sub-committees formed for FAR construction / repairs in which these law-breaking members are bribed to get their approvals for inflated costs and other illegal activities.
4. Fraud with Architect Firm: The DPS CGHS MC members – who are already facing multiple inquiries for corruption and other illegal activities – have conspired with a fraudulently hired architect firm Vivek & Arti Architects to loot your money. The DPS CGHS MC has been planning the FAR / repair work in a fraudulent way.
As per MC’s letter dated March 5, 2017, the MC had assigned work to Vivek & Arti Architects – even before the architect hiring process began with a misleading advertisement in April 2017. Now, the MC is deceptively adding some papers on DPS CGHS website to hide its criminality and cheat the members.
A few more DPS CGHS members who were in the sub-committees of FAR project are also part of this criminal racket and they will share the money looted from you. This is a fraud which will be challenged in the higher court to get the culprits caught and FAR construction stopped. You can click here to study the documentary evidence.
5. Corruption in Repairs: Four accused MC members – R. Balasubramanian, Neeraj Kumar Vaish, Sandeep Taneja, and Leela Swami – who are in the current MC that is again pursuing the building extension / repairs project are already facing a corruption inquiry for an earlier repairs project in DPS CGHS.
In the last building repairs work, M/s Shivaji Bhera who offered to do the repairs work for just Rs. 4 lakh was removed by these accused MC members to hire a firm M/s SP Repcon of Mr. Satpal Sharma who was awarded the same repair contract for more than Rs. 30 lakh. You can click here to study the documentary evidence.
6. No Money for Repairs: The MC members – who have already bungled plenty of members’ money – have no reason to demand any money for repairs because the members have been regularly paying money for building maintenance. Where has that money gone? While the MC is threatening to impose 18% interest on defaulters, it is another fraud of MC because it cannot charge 18% interest.
7. Suspension of MC: As stated above, the court has already stopped FAR construction because it is illegal. It is more illegal in the case of DPS CGHS because the MC is facing corruption inquiries and the MC may soon be suspended or dismissed by the RCS office or a higher court. Then who will handle FAR project in the DPS CGHS building? You can click here to study the documentary evidence.
8. Illegal Use of Society Funds: The termination of the DPS CGHS MC is soon expected to happen because the MC is committing all sorts of crimes. Recently, the MC lost a couple of legal cases, including a case in the labour court because the MC had illegally terminated the services of security guards and another case in the RCS office when it conspired with some rogue residents to get a member expelled illegally from the Society. The MC members are illegally using Society funds to fight the legal cases of their own crimes. You can click here to study the documentary evidence.
9. FAR and Pollution: The FAR construction is also illegal because it harms the health of people – including children and senior citizens – in the Society with lethal dust and noise pollution. As FAR is illegal, the corrupt DDA officials who give FAR approvals are also facing vigilance inquiry. You can click here to study the documentary evidence.
10. Penalty on Members: When the FAR construction will be stopped before completion as it is happening under court order, the members will lose their money and they will also have to pay for demolition of the illegal construction, besides other legal penalties.
11. Disputed Property: Under partial construction, the DPS CGHS building will have an ugly appearance and it will become a disputed property. Then it will be extremely difficult for flat owners to sell their flats. Even tenants will not be interested to live in such a ruined building.
12. Names of Members: While the MC is not releasing the names (with amount) of members who have paid for FAR construction, it is learnt that only about 30 members – who are part of the gang formed by the MC – have paid money for FAR work.
13. Refund to Members: Some members who have already paid about Rs. 2 lakh to DPS CGHS MC may have realized that they have been deceptively dragged by the MC in the illegal FAR project. They must demand their money back. If the MC is reluctant to refund their money, they can contact me on my email and I will help them take their money back.
14: Arrest and Imprisonment: Some people can argue that if the DPS CGHS MC members are so corrupt, why they are not being arrested and jailed. This is because the Indian justice system is very slow. But I have faith in the justice system, because in the past about a year or so these MC members have lost at least 2 legal cases – one in labour court and another at the RCS court. The corrupt officials who are trying to protect MC members are also facing corruption inquiries. You can click here to study the documentary evidence.
Also, multiple corruption inquiries have started against them, although they are trying to get the inquiries stopped by hook or by crook. And these DPS CGHS MC members narrowly escaped arrest when a few months ago I had called the inspectors in the Society to interrogate the MC members. They were later fined for which it is learnt that they have illegally used Society funds (nearly Rs. 3 lakh) to pay the penalty for their own crimes.
As I was pursuing the labour rights case against the MC members, I was told that in the labour court these MC members were treated like hardened criminals by the court judge. While this labour rights case is still not over, the DPS CGHS MC members are expected to get more punishment in this case.
Moreover, I am in the process of pursuing more cases against the DPS CGHS MC members and their accomplices to get them arrested and punished.
With these details, I advise DPS CGHS members that they should not pay any money for FAR construction which is being fraudulently linked with building repairs by the accused MC members.
You can click the following weblink to study the details of corruption and illegal activities at DPS CGHS.
By Rakesh Raman, who is a national award-winning journalist and social activist. He is the founder of a humanitarian organization RMN Foundation which is working in diverse areas to help the disadvantaged and distressed people in the society.
He also runs a community-driven free online social service under the banner “Clean House” to help the suffering residents of Delhi raise their voice against the growing corruption and injustice in housing societies.
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