Roadside Meeting of RNA Builders' Victims held near Versova, Andheri West
Mumbai,
25th February, 2016: Common people rarely turn up in good
numbers to openly speak out against powerful builders, and so it was
an unusual sight that about 200 rich and poor persons aggrieved by
RNA Corp (owned by late Anil Aggarwal, Gokul Aggarwal, Anubhav
Aggarwal and Saranga Aggarwal) stage a roadside gathering near
Versova, Andheri West, to speak out against RNA Builders. In this
unusual gathering on the morning of Sunday, 21st February,
2016, the well-to-do persons were aggrieved buyers who had booked
flats in various RNA projects such as RNA Exotica in Oshiwara, and
RNA Palazzo and RNA Grande in Kandivali. The poorer participants were
those dishoused and dispossessed by RNA's SRA or MHADA redevelopment
projects. Many in the gathering boldly voiced their grievances before
a handheld video camera, knowing that every word that they said was
being recorded for publishing in the public domain. A major chunk of
the gathering, who had already formed associations for their RNA
projects, floated the idea of forming an RNA Victims Federation and
exchanged contact addresses.
Of
the 200 persons, about half were from Aramnagar in Versova, over
which the possibility of going under redevelopment by RNA builders
looms large, like a dark cloud. These residents of Aramnagar were
consumed by their own internal politics and internal quarrels sown by
the builder. The other 100 persons were from RNA projects in
different parts of Mumbai, and managed to speak in a clearer voice,
which is captured in the below videos.
These
eleven short videos show what RNA's victims said at the roadside
meeting.
Highlights
of the meeting:
a)
Thousands of people who booked flats in RNA Corp. projects in
Goregaon, Kandivali, and Project affected people from Andheri,
Ghatkopar, Malad, Worli Wadala, Sewri, Chembur, Mira Road etc., and
got a registered agreement or an allotment letter, were awaiting
possession of their flats in 2012-13. But then they were informed
that these projects -- RNA Exotica, RNA Palazzo, RNA Grande, RNA
Metropolis, etc. would be delivered about two years later. Those two
years came and went in 2014-15, but the possession date is nowhere in
sight even today. Meanwhile, many of these customers have been sent
notices asking for payment of another big chunk of money, although
most of them have paid about 75 percent of the total flat value,
without any assurance or commitment from the builders' side about
when their flats will be delivered to them.
b)
Over and above late delivery, there are multiple grievances for those
who booked a flat in RNA Exotica. The ceiling height of floors above
20th floor have reportedly been changed without the
buyer's consent. Buyers in RNA Exotica, who had paid a floor-rise
premium for a very high-rise flat (such as 41st floor) may now have
to settle for a much lower floor, as the building hasn't got
permission to go over 36th floor. Also, the buyers were not informed
of a PAP building being built in the front side of the same compound,
abutting A-wing of RNA Exotica; how many premium flat buyers want to
share their residential plot with rehab-component slum dwellers and
project-affected people? Further, it is questionable whether RNA
Exotica will ever get an Occupation Certificate, as the builders are
reportedly converting some mandatory refuge areas into habitable
flats and selling them.
c)
Some investors are feeling jittery because RNA Corp has of late
defaulted in repayment of bank loans, resulting in their mortgaged
collateral being auctioned for debt recovery. After the demise of
Anil Aggarwal in May 2014, sons Anubhav and Gokul Aggarwal seem to be
finding it tough to keep the company''s fortunes afloat... or so it
appears! The question in the minds of investors who have already paid
75 percent or more of the total consideration for their flat, and are
now being sent notices by the builder to pay further installments is:
Are our funds safe in the less-experienced hands of Gokul and Anubhav
Aggarwal?
d)
Many of these aggrieved investors have formed project-wise
associations and are now considering forming a federation of RNA
projects across the city. The idea of the "RNA Victims
Federation” including people from across the city, including
western and eastern suburbs, may take root if enough persons take
initiatives.
e)
The aggrieved flat purchasers and original tenants/ home owners in
redevelopment projects discussed the idea of approaching Chief
Minister Devendra Fadnavis in large numbers to discuss their problem,
and asking for some actions and ultimatums against RNA, such as
halting further project clearances. They also discussed filing
Criminal / Civil Petition in High Court. Some have already filed
complaints with EOW and are waiting for FIR to be registered.
f)
From Mira Road to Walkeshwar, there must be five to six thousand
victims of RNA builders, reckons activist Sulaiman Bhimani, who has
been exposing RNA's various scams for the last seven years. It is
proposed that all these victims come together -- at least one member
per flat -- and put pressure on Chief Minister Devendra Fadnavis to
take cognizance of RNA's habitual defaults.
g)
Many of those who booked flats in RNA projects have discovered that
their purchase agreements actually do not specify a date for delivery
of the flats. And now they are wondering whether they are responsible
for their own misery! If they go to court saying that RNA builders
defaulted by not giving them possession of their flats in 2012-13 as
promised, will they be rebuffed because they signed a faulty
agreement? But the answer that emerged was that the builder was
liable and not the consumers who signed the cleverly-worded
agreements under duress, after having paid lakhs of rupees for
booking. Also, such faulty documents which did not contain all the
conditions necessary for safeguarding both the parties, could be
rectified according to due process of law.
h)
Since builder is charging you 18% interest if you delay making
payment, he should also pay interest at 18% of the value of the flat
for delay in delivery of possession by one year. Flat owners are
entitled to move the consumer forum to seek compensation for delay in
delivery of possession by the builder. Delay in possession recently
cost this Navi
Mumbai builder Rs 64.84 lakhs!
i)
Project-affected persons (PAPs) who are aggrieved by RNA Corp's
unlawful redevelopment may be able to hit back by getting the bank
loans extended to investors cancelled by the banks. For instance, if
bankers have connived with RNA builders to approve loans for 15th
floor flats in an RNA building that has only 10 floors, may file a
complaint to the bank's higher-ups and get the loans cancelled. State
Bank Of India (SBI) is reported to have cancelled such a loan
following a complaint.
j)
The unholy nexus between RNA builders and Mumbai Municipal
Corporation (MCGM) has resulted in many project affected persons,
home-owners and tenants in RNA's redevelopment projects being
dispossessed of their rights, and running helplessly from
pillar-to-post for justice. Judiciary provides reliefs only
sometimes, not always, but these individuals have to fight many
legal battles extending over years and decades for such reliefs.
k)
Although 179 out of 322 tenants of Azadnagar BMC chawls in Wadala
opposed RNA Corp entering the scene as redevelopers, RNA somehow
managed to sign an agreement with proxy signatories and take over the
project. The tenants, who had been resettled there in 1944 after the
blast in docks near Masjid Bunder, have been fighting a legal battle
since in 2001. Their houses were demolished in the middle of the
night without giving any time or alternate accommodation till the
consent terms were signed before Bombay High Court.
l)
A woman affected by RNA's illegal Redevelopment activities in Chembur
disclosed how RNA builders and their men cleverly sowed dissent among
the managing committee members to keep them divided. More
significantly, she revealed how, by making political heavyweight
Narayan Rane the chairman of the defunct local union, RNA Corp has
largely silenced the residents.
m)
Another woman who was part of the managing committee of her BMC chawl
in Sewri, was dishoused and dispossessed from even basic membership
of the cooperative housing society. She talked about her 11-year
struggle with RNA Corp, BMC for securing her basic human rights,
which she was being continually denied. She revealed how the
residents of this “baithi chawl” i.e. old and settled chawl, were
forced to live on the roads after demolition of their chawl. She also
pointed out how RNA illegally exploited the FSI and TDR component of
the adjoining municipal school and MCGM playground.
For
contact details of speakers seen in the videos, call Sulaiman Bhimani
9323642081.
Issued
in Public Interest by
Krishnaraj
Rao
9821588114
krish.kkphoto@gmail.com
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