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Builder breaches redevelopment pact, gives smaller flats: Bandra society

Residents of Nensey Cooperative Society, Bandra (West) allege that they have been duped by redeveloper Ekta Supreme Corporation.

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This should come as a warning to all those seeking redevelopment of old buildings. Residents of Nensey Cooperative Society, Bandra (West) allege that they have been duped by redeveloper Ekta Supreme Corporation. Not only were they given smaller flats than specified in the 2008 redevelopment agreement, also their common spaces were sold, they allege.

With the connivance of the chairman and secretary, Ekta Supreme skimmed off balcony FSI space belonging to individual home-owners and added it to the sale component of the building.
“Defying logic, the sale component exceeds the share of original home-owners!” pointed out Shabbir Lokhandwala, who along with four other residents of the redeveloped building are fighting for justice. Most residents are elderly widows with families abroad. The fraud was discovered when residents got their new flats measured by independent architect Fayaz Rangwala.

As per the agreement, Huseinabi, who originally had a flat measuring 647sq ft, had purchased TDR of 150sq ft from the builder. As per the agreement, they were supposed to get a flat with a carpet area of 797sq ft. However, on measurement, the flat was found to be 45.6sq ft short. “Given the prevalent rates of over Rs60,000 per sq ft, this space itself is worth around Rs28 lakh,” said Lokhandwala.

Since the builder had not completed the work before the 22-month deadline, it stopped making the rental payment in July 2009, forcing the society members to take possession of their flats without Occupation Certificate. Residents claim that balcony FSI too has been stolen from them.

A legal notice led to a rejoinder. The builders’ architects responded, “There is only a very minor shortfall.”

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