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Mazgaon bldg tenants at odds with builder

It is surprising and shocking to note that in spite of sending a copy of Permanent Alternate Accommodation draft to the Builder for getting the Building redeveloped

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Tambawala building in Mazgaon
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Aggrieved tenants of Tambawala building in Mazgaon recently wrote to the Prime Minister's Office urging him to take note of their complaint against developer Sumer Associates. Some of the aggrieved tenants have raised several issues against the developer, who himself is saying that few uncooperative tenants are raising unnecessary monetary demands that cannot be fulfilled, thus leading to this controversy.

The letter reads, "From 2010 onwards the builder has not carried out repairs till date. It is surprising and shocking to note that in spite of sending a copy of Permanent Alternate Accommodation draft to the Builder for getting the Building redeveloped; and to come forward to settle the Draft in presence of both side's Advocates. But the Builder is insisting to sign the agreements and other writings in their office, without allowing us to consult our legal advisors/advocates. And now the Builder has taken the plea of dilapidated and dangerous conditions without any evidence on record."

One of the aggrieved tenants Austin Fernandes, said, "Last year, we carried out a structural audit of the building by a BMC-approved consultant. It says the building can be repaired, but the developer, instead of repairing the building, sent us a letter indirectly threatening us, which talks about the Hussaini building collapse, where residents died. We also want proper housing and redevelopment, but there has to be some proper paperwork for us to trust the developer."

The building is around 70-years old and has 105 tenants, including 18 commercial ones.

The developer has refuted all the allegations. Rahul Shah, CEO of the company said, "Sumer, being the landlord and owner of the property, had various meetings, negotiations and discussions with the tenants and ultimately it was decided that the building would be demolished and re-developed. We have intimated the same to all of them in writing, however, few non-cooperative tenants are still disagreeing and are raising unnecessary monetary demands that cannot be fulfilled."

He further claimed that around 40 tenants have already decided to move out. "Around 40 tenants, including committee members, through their advocates, had meetings with Sumer's advocates. Various drafts of Permanent Alternate Accommodation were exchanged. The same has been finalised. We have also initiated flat allocation by a lottery system for the tenants on October 17, 2017 for our rehab building. 33 residential tenants were present that day and we have completed allocations for all. These 40 tenants of Tambawala building will vacate on or before November 30, 2017. Therefore, it is incorrect to say that Sumer is putting pressure on the tenants and/or not ready to enter into Agreements for Permanent Alternate Accommodation. Sumer at no point in time would be negligent in performing his duties," said Shah.

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