Another Builder Bites The Dust – Ambience’s Gehlot Pleads “Let us Live In Peace”

November 19, 2014 - Uncategorized




Ambience Facilities Management Pvt. Ltd. (4) (1)

After 12 years, ALARWA is finally going to bell the cat. During the Chautala and Hooda govts, Gurgaon builders had a free run, and what a run it was.

Twelve (12) long years ago the residents of Ambience Lagoon formed a RWA (Residents Welfare Body) to protect their rights. Led by retired army officers they wanted things to be fair and square. But, Mr Raj Singh Gehlot had different plans, and collecting 10 (allegedly his own) people he created another RWA and called it LRACA. Mr Gehlot is still claiming LRACA to be the legitimate RWA, but the majority of residents differ and are still holding ALARWA to be the real RWA.

Many cases were filed against Ambience Developers, with ALARWA questioning the validity of the Deed of Declaration that Mr Gehlot has filed. And due to the doggedness of ALARWA, and the Housing Laws & Acts of Haryana helped in part by the Lokayukta, the Ambience Lagoon complex has become a hot potato in Mr Gehlot’s hand. He can’t hold on to it, and yet can’t hand it over to ALARWA which will snatch away his hand along with the potato.

In the letter excerpts below, you can see a desperate Mr Gehlot wanting to hand the hot potato to his creation LRACA, which unfortunately does not have the numbers or the trust of majority of the residents. Mr Gehlot has issued one final plea to the residents to join the LRACA and inherit the mess from him, but the residents are wiser.

And if Mr Raj Singh Gehlot has to come to the table across from ALARWA after 12 long years of acrimoniously fighting them, the cat would have finally been belled.

And it would be a lesson to other builders, that no matter how mighty you are today the foundation of your business are your buyers. And eventually, the sledgehammer of Karma will come back to hit hard.

 
Excerpts from Mr Raj Singh Gehlot’s letter to all Ambience Lagoon Residents on November 11, 2014. The excerpts have been rearranged so that the narrative is clearer (in the spirit of artistic remix), and you can see the original and much longer letter also attached below.
 

Dear Apartment Owners, 


I am approaching you directly after a gap of almost five years in respect of maintenance and various issues agitating you since long. 


You may please recall that ALARWA was formed by some residents on 26th May, 2002 as an informal Association. Lt. Gen Vinay Shankar was state to be elected as First President. 


We then kept on resquesting the then office bearers of ALARWA to give me the name of the apartment owners to enable us to form the statutory association … but all in vain. Then we have to take the initiative and somehow gathered the required number of apartment owners to form the statutory association (LRACA) and filed the Deed of Declaration.  …. We got formed and registered initially with 10 members/apartment owners and later on joined by many more residents. 


However, after that office bearers of ALARWA started leveling false and baseless allegations against us and filed complaints and court cases against us at multiple levels. You may recall that I have called for the meeting of all residents irrespective of their affiliation to ALARWA or LRACA in Leela Hotel on 11.06.2014 in terms of the order of DGTCP, Haryana Chandigarh. … In the meantime, DGTCP, Haryana, Chandigarh and Lokayukta, Haryana, Chandigarh discusses the petition/complaint filed by ALARWA.  

We have decided to handover the maintenance of Lagoon Apartment Complex to LRACA w.e.f 1st January, 2015. … In terms of provision of Haryana Development & Regulations of Urban Areas Act, 1975 and Rules 1976 thereunder and Haryana Apartment Ownership Act 1983. May I request the residents to cooperate in the smooth transition of maintenance services from Ambience Facilities Management Pvt Ltd. to LRACA. 


It will also be relevant to mention that the contention of ALARWA that they are in majority is neither correct nor feasible. The apprehension being created in the minds of residents that we have deprived the residents of their common areas and facilities by forming the abovesaid association (LRACA) are absolutely false and baseless. Certain few other persons have got hold of ALARWA and restarted maligning the company against the broader interests of the complex. So much so it is joining hands with our competitors to spoil the exit and entrance and circulation of traffic in the Ambience island Colony. ..Time and Time again some of the office bearers of ALARWA and other disgruntled persons have adopted confrontationist approach and have raised baseless and irrelevant issues without any result and in the process considerable time is lost. 


There is no restriction on LRACA that it cannot pursue the cases filed by ALARWA. It can very well join in place of ALARWA but certainly you as the apartment owners have full right to see the usefulness or futility of litigation with us. Let us live in peace. 


I appeal to all residents to cooperate with LRACA in making the maintenance of facilities, services, and spaces with the lagoon Apartment Complex better and better and to take a pragmatic view of the entire matter and not to precipitate unnecessary controversies. 


With warm regards,
Sd/
(Raj Singh Gehlot)

 
 
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Comments

  1. Sanjay Sharma says:

    Ambience brings 200 ‘goons’ in turf war over maintenance

    http://timesofindia.indiatimes.com/city/gurgaon/Ambience-brings-200-goons-in-turf-war-over-maintenance/articleshow/45245257.cms

    Vimal Chander Joshi, TNN | Nov 23, 2014, 03.37AM IST

    GURGAON: A day after residents of Ambience Lagoon apartments tried to seize the security of their condominium, following a strike by security appointed by the developer for non-receipt of their salary for October, developer Raj Singh Gehlot visited the complex on Sunday to trash their plan. While residents claimed the builder came with 200 goons to intimidate them, the developer denied the allegation, saying those “goons” work at the adjoining Ambience mall that he owns and only accompanied him.

    Gehlot also tried to negotiate the transfer of security and maintenance from his agency, Ambience Facility Maintenance Services (AFMS), to the RWA. But this did not happen as the residents wanted the transfer to happen only to ALARWA (Ambience Lagoon Apartments Residents’ Welfare Association) and not to Lagoon Residential Apartment Complex Association (LRACA).

    The talks continued for over two hours but no decision could be arrived at.

    “LRACA is a body floated by the builder and his 11 men. It is a namesake RWA. No law allows the builder to form his own RWA. There are just 10 members in LRACA and all of them are the builder’s family members and friends,” said Colonel (retd) S C Talwar. The developer also offered residents the option to join the LRACA so that it had the representation of majority, but this suggestion too was rejected by residents.

    ALARWA president Praveen Kakkar said, “Instead of joining LRACA, why can’t the developer transfer power to ALARWA that we unanimously want? After all, ALARWA represents 250 of the total 345 units in the condominium.”

    Raj Singh Gehlot said, “I will transfer the maintenance to LRACA as it is the body registered in the deed of declaration (mother instrument filed before the registrar/sub-registrar while transferring ownership from developer to apartment owners). As per Haryana Apartments Ownership Act, it is the only legally permissible route.”

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