Builder made to pay for leak in flat

Following article was published in The Times of India Mumbai edition on 30^th August 2011. This article may be of interest to readers of the blog and is being reproduced here. If you are the flat-owner whether in Mahindra Eminente complex or anywhere and are faced with the problem of the leakage, now you know that builders can’t go scot-free for deficiency in service. One just needs to wear “Mein Anna Hoon” topi and get after the cheat developer of your complex. Is top management of Mahindra Lifespaces Developers Limited getting the message? Or they continue to allow the mediocre project management team & band of contractors to play havoc with brand for short-term gains.

 

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Builder made to pay for leak in flat

 

Rebecca Samervel TNN 

In a victory for citizens who are short-changed by builders, a district forum recently ordered a developer to pay Rs 50,000 to an Andheri resident for leaks in his flat due to faulty construction. 

Cordcon Builders Pvt Ltd will have to pay the amount to Anant Shirotiya as reimbursement for the money he spent on repairing the damage and the mental agony he suffered due to the leakage. 

In March 2002, Shirotiya booked a flat in Cordcon’s highrise, Sagar City. He received possession of the flat in December 2004. In the complaint filed in the Mumbai Suburban District Consumer Disputes Redressal Forum in 2008, Shirotiya said he noticed dampness in his flat due to leakage during the monsoon in 2004 and brought it to the notice of the builder’s management. He faced a similar problem during the monsoon of 2005. Between August 2005 and January 2006, Shirotiya sent three written complaints to the builder about the problem. However, he received no response. Shirotiya said household articles such as bed, cupboard and kitchenware were damaged due to the leakage. 

In August 2006, Shirotiya sent the builder a legal notice and asked the firm to repair the damage within five days. But he did not get any response. Shirotiya sent another notice to Cordcon in September 2006, saying he was going to repair the damage on his own. On September 20, 2006, Cordcon said it would do the needful after the rainy season. 

Having already spent Rs 31,000 on repairs, Shirotiya filed a complaint in the forum and submitted photographs showing the damage. 

The forum held Cordcon guilty of deficiency in service.

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Happy Independence Day

Wishing you all Happy Independence Day.

I hope we get independence from graft, corruption and cheating,  sooner rather than later.

Picture Courtesy: http://tinyurl.com/44mp6lr

"India on the streets" by Chetan Bhagat

I received below quoted article in my mailbox. This articile by well known writer Mr Chetan Bhagat echos my sentiments too and, I believe, of sentiments  of billions of Indians too. This article was  originally published in Times of India and can also be accessed at following link: http://tinyurl.com/3r5esr5

" India on the streets " by Chetan Bhagat

We have all had that one uncle who keeps on reminding you how India is terrible. He tells you about how every government authority takes bribes - from the RTO to the ration shop to the municipality. He will tell you how no government department does its job well - the potholed roads, abysmal conditions at government schools and poor healthcare all being examples to support your uncle's theory. It is hard to argue with him, for he is right. Things don't work. There is no justice. Power talks. Equality doesn't exist. All of this, even though uncomfortable to hear, rings somewhat true.

However, the uncle goes on to say this: "Nothing will ever change." He is convinced that our society is damaged irreparably, and India is destined to live in misery. Uncle Cynic goes on to doubt almost everyone, assumes the worst in people, and anyone who is trying to improve the country is branded as someone with a hidden agenda. 

This is where i think the uncle gets it wrong, horribly wrong. For it is one thing to point out the problems, it is quite another to give up trying to fix them. Cynicism is not a counter-argument, it is an attitude. For the fact is we still have good people in the country: in society and even in government departments. It is just that they are crushed. 

I don't want to give you the reasons why you must support Anna Hazare. It is almost beneath Anna's dignity that he actually has to beg or make a case for support when he is fighting for you, against an abusive, corrupt regime. Still, let me do a quick recap of the facts.

Anna did a fast in April, which became the nation's movement and spread virally. Concerned, the government agreed to make a good Lokpal Bill, shook hands with the activists and in principle agreed to Anna's version, designed to truly check corruption. Since then, the government has insulted Anna's team, thrown away their draft, and come up with its own almost pointless draft of the Lokpal Bill.

The draft the government is presenting to Parliament will not check corruption. Only 0.5%, or one in 200 government officials are under its purview. Your corrupt ration shop, RTO, passport office, panchayats or municipal authority will not be covered. State scams will not be covered - yes, the Adarsh society scam or the Jharkhand scams are all out of its purview. The prime minister is excluded as well. Ever heard of a corruption law in a democracy that only applies to a certain section of people?

The government is throwing magic dust in your eyes - and counting on India's illiterate and ignorant to not know the difference. However, you reading this are educated. You know when wrong is being committed. You know that while you have lived your life with corruption, you do not want your children to do the same. A bad Lokpal Bill may not affect you today - but tomorrow it will hit you when your child does not get a college seat, when your hospital gives shoddy treatment, when your government work doesn't get done. We live in a poor country - poor not because we don't have what it takes to be rich, but because our leaders have let us down. We have given them too much power, and they consider our vote as a mandate to steal and be incompetent. They hate accountability. However, without accountability, our progress will stall. There are countries where the average income per person is 50 times more than in India. Don't we deserve the same? 

Thus, whatever your personal view on Anna, it is not him but his cause that needs support. The government can crush a few activists. However, it cannot crush India on the streets. A peaceful, firm, decisive protest is every Indian's birthright, and must be exercised in times of need. Come Monday, and we Indians have a job to do. We have to save our country's future. 

A word for the government too. Just what exactly are you thinking when you are trying to shove an impotent law down people's throats? And what makes you feel that threatening, crushing or insulting Anna will take away people's need to rid India of corruption? Anna did not create an anti-corruption sentiment, he merely tapped into it. Crushing Anna will not take away that sentiment. It will just make it fester more. Right now, the movement is still controlled. By going back on your word, displaying arrogance and not listening to the people, you are risking the country's descent into chaos. Be careful. Accountability is much easier to deal with than anarchy. Fix the Lokpal Bill now, please.

Finally, for the people of India, it is time to prove Uncle Cynic wrong. There is a bigger truth than his 'nothing ever changes in India'. That truth comes from the Gita, which states "Nothing is permanent". The Gita also says, "When the pot of sin overflows, something happens to restore order." Now, it is up to you to determine if the pot of sin has overflowed. It is for you to say what it means for Indians to act out their dharma. And you, and only you, will decide if it is time to come on the streets.

(The writer is a best-selling novelist) 

Nature Trail - I

No other builder in Mumbai can boast of the project as close to nature as Mahindra Eminente in Goregaon(West) Mumbai. Mr Arun Nanda, the respected chairman of the organization can file the claim for this award too, in addition to another award and honour already bestowed upon Mahindra Lifespaces Developers Limited for conceptualizing a project as beautiful  as Mahindra Eminente, at least on paper & colorful sale brochures.

Wanna know what makes me say so?

Come on, join me and my friend for a leisurely daily constitutional on the podium of this complex. Lets start from approximately North west corner. As we continue our walk on the northern side of amphitheatre watch your steps – Don’t step on the snails crossing your walkway and going towards amphitheatre.

Turn your neck little more to your left and you will see one stray tommy camouflaging in the midst of plantation and chewing on the bone expecting the meat and completely oblivious of the fact that meat has already been chewed off by one of the residents who tossed it down on the podium form his villa in the sky.

Turn your neck little more to the right and you will see the amphibians doing theatrics in the water puddle in amphitheatre, emanating that Tarr-tarr, signal of mating invitation to feminine amphibians. Don’t wait there too long unless you are interested in penning your own dissertation on the topic of amphibian mating techniques..

Continue further towards the east, beside lush green lawns of overgrown grass, we hear that buzzing sound of mosquitoes and small colony of them circling over our head. If you run from them they will run too with a relative speed of zero and maintaining their position above your head.

Don’t run too fast unless you want to run the risk of stepping on the dog poo left behind by some fancy looking pedigree dog, who had done padh-yatra on the same stretch of walk-way, donning the doggy rain coat and held onto the leash more expensive than Gucci belt. Alas! Dog’s mother didn’t train the puppy in toilet manners nor could she afford a diaper. That’s why for poor puppy whole complex looks like a big private commode, a perception seemingly shared by the dog handler as well as by dog owner. Now don’t ask me where that puppy chooses to get his derriere cleaned before stepping back into posh doggy-house. Even if you persist and continue to ask, the nearest I can get to the answer is – our own water-body within this Mahindra Eminente Complex, which is very aptly and popularly known as “Bhaucha Dhakka” of Goregaon Mumbai. I wonder when that Doggy diaper will be available for sale on supermarket shelves. I hope sooner rather than later.

By now, we have traversed enough distance to reach the banks of “Bhaucha Dhakka”. Take a quick glance and only thing missing to complete that “Bhaucha Dhakka” look for this water-body can’t be anything other than scaled down size equivalent of that  piece of junk ship “WISDOM” which has been disgracing the shores of Mumbai till recently before it was finally towed away. The way WISDOM cocked a snook at collective wisdom of shipping & security authorities , same way this water-body aka Bhaucha Dhakka cocks a snook at the collective wisdom of architects, managers and consultants of Mahindra Lifespaces Developers Limited who cheekily refer to this ugly looking energy guzzling and water-guzzling water body as the focal point of this complex.

As if the collective wisdom of all others was not enough that another consultant incharge of cleaning this water- body – Mr Dolphin, added his two bit of wisdom by pouring two drums of hydrochloric acid  in the water in his zeal to retain his claim of reputed provider of water-body cleaning solutions to array of five star hotels. Success is what eluded him but what didn’t elude him is the success in sharking away the chunk of maintenance funds day in and day out in the name of cleanliness, from right under the nose of snooty developer- MLDL.

Lets not slow down our pace of leisurely Nature Walk, unless you have armoured yourself to fight the onslaught of Culex, Anopheles, Aedes aegypti and other pedigreed mosquitoes who will be too happy to inject plasmodium vivax and similar other viruses of unpronounceable names and surnames, into the blood stream of homo sapiens residing within this flagship complex by none other than Mahindras.

Continued to "Nature Trail – II”…………

Nature Trail-II

Continued from “Nature Trail – I” ………..

We haven’t yet reached the eastern end of this walk-way yet.  While we soak ourselves in the warmth and pleasure and giggles billowing out of children sliding, swinging & riding on the duck in their very own play zone, we happen to see an adult lady jumping on the baby trampoline wearing most pointed and longest heel shoes. Seeing the plight of baby trampoline we loudly lament that wisdom has gone to the dogs.

While enjoying the sight of gleeful children and lamenting the sight of an adult jumping on baby trampoline, we unmindfully step into a big stretch of accumulated water on the walkway. Time and again since last 3 years it was regularly brought to the notice of commodores and captains of this Mahindra Eminente project, but corrective action phrase probably doesn’t exist in the lexicon of MLDL, particularly if it involves infusion of capital and more importantly infusion of basic common sense. One need not take admission in civil engineering class to understand that incorrect slope is causing the water accumulation on the walkway.

If all this was not the nature walk than what else can be.  During our walk through the nature we came across – Snails, stray dogs, pedigree dogs, toads, mosquitoes and just when we thought that we had enough, a fat rat runs over our Crocs sandals.  
Bhaag BoseDK Bhaag !! Lets take shelter in the house and my long lost school time friend quickly retorts – I hope your house ceiling is not leaking like the house with thatched roof which may finally complete the concept of perfect nature living. Thank God it isn’t. I am not on topmost floor and my neighbour living above us empathises.

At the final leg of our nature-walk, we enter into the entrance lobby of the building and DK Bose wanted to admire himself in the mirror to ensure that he is not looking as luchha/ lafanga as he used to look during his college days. But here too he breathed heavy and exclaimed that mirrors in the lobby have turned black. Not interested in facing any more embarrassment, I pulled DK Bose upstairs to my house.

Now since it is the season of credit rating downgrade by credit rating agencies like Standard & Poor’s, we now complete our daily constitutional with downgrading the rating of Mahindra Lifespaces Developers Limited, because fair share of misery is the outcome of under-development rather than development of this complex by MLDL which is so widely evident by leakages, water accumulation, shoddy quality and what not reflected through various other posts in this blog. However, even residents of this complex cannot escape unscathed without getting their own rating downgraded based upon how the bells and whistles facilities in this complex are misused and abused.

I can guess what the office bearers of MLDL might be mumbling – “we give two hoots to your rating and don’t care”. Yes, I know that MLDL doesn’t, which proves that “Standards” are so “Poor” and if it continues to be poor then days are not far when office bearers will turn into pall bearers of this MLDL. We can only offer best wishes at this point in time.

I can guess what errant residents might be mumbling- “we give two hoots to your rating and don’t care”. I know that too. That’s why our beloved India is crawling, not running, because nobody cares. Mahindra group boss goes and gives consultancy to Singapore government and chooses to have the resident’s grievances bracketed as juvenile spat. Same errant residents when they go to foreign land walk the dog with poop scooper or choose not to have the pet at all.

Mera Bharat Mahan.

Moral of the story – Its safer to take a swing on the jhoola in own balcony while sipping elaichi chai and solving Sudoku.