To,

Mrs. I A Kundan

Additional Municipal Commissioner (Western Suburbs)
To 
CFO,
To 
ACB Mumbai
To
DCP
Kiran Kumar  Chavan

To
DMC
Kiran Achrekar

Sub: A) High Level Corruption in Fire Department, CFO Fails to submit Fire report even after three weeks of fire incident to favor owner of Golden Chariot and fails to initiate prosecution proceeding against the owner of Golden Chariot Restaurant even after incident of Fire taking place on 28th December 2016.

  1. B) CFO had already issued 3 notices to the Golden chariot restaurantfor non compliance of Fire Safety Norms in last three years, but chooses not to take any action due to vested interest risking life of many innocent citizens
  1. C) The MOH and Fire Brigade Department have rejected the application for the trade license of M/s. Golden Chariot Hospitality Service Pvt. Ltd.but the restaurant is ruining and doing business as usual

Respected Sir / Madam

This is a clear case of undue favor given to Golden Chariot Restaurant at Hub Mall, Goregaon East, THE CFO,  MOH B&F department of MCGM and Police fail to take any action after the incident of fire took placed on 28th December 2016,

The Fire department till date has not submitted their report even after three weeks to the police for further investigation and prosecution of filing FIR.

The Fire Department have already issued 3 notices before to the Golden Chariot restaurant for non compliance of fire safety norms before incident of fire took placed on 28th December 2016,

The offences are of serious nature

  1. i) The Fire exit was converted in to cold storage 
  2. ii) The passage leading to Fire exit was encroached and converted into restaurant dining area  

iii) The AHU's and Electric rooms converted into commercial rooms (these are free of FSI loss to the state and violation of FSI norms)

  1. iv) The common ladies toilets were modified and altered without any approval of any authorities into ladies and gents, and were illegally taken in to the restaurant denying access to visitors of the MALL

All the above have lapses and observation have been mentioned in the all the three notices issued time and again

1st Notice the inspection by the fire brigade department of the MCGM. On inspection of the site, the said authority submitted a report dated 16.1.13 to CFO with necessary recommendations and actions to be in initiated. The report clearly directed that the activities of the said restaurant be verified and necessary action be taken.

2nd Notice report dated 19.6.14 to the Dy. CFO which recommends the following actions:

a.) Verification addition/alteration amalgamation, encroachment of fire exit, removal of unauthorized fire exit passage, toilet, loft etc.

b.) To direct the party to keep the necessary no. of fire extinguishers as directed by the said authority.

3rd Notice by MCGM, fire brigade department once again submitted a complaint report dated 14.11.14 to the CFO. The highlights of the observations in the said report are as follows:

  1. a)In the north side landing on the second floor, the staircase landing was partially obstructed by keeping refrigerator and other things by the Golden Chariot restaurant and an unauthorized construction of the steel frame plywood sheet enclosure box of A.C. unit and a steel ladder for access to the loft in encroached area of common passage by the Golden Chariot restaurant.
  2. b)The common toilet block along with its approach passage and way to emergency exit of north side staircase was blocked for public use by illegally encroaching and utilizing it for restaurant activity by Golden chariot Restaurant.
  3. c)The amalgamation of two shops n0. 23 and 24 along with its front common passage was done and merged it in dining area by Golden Chariot Restaurant without taking NOC and sanctioning the plan fromthe Fire Brigade Department.
  4. d)In view of the above circumstance, I have to inform you that the MOH and Fire Brigade Department have rejected the application for the trade license of M/s. Golden Chariot Hospitality Service Pvt. Ltd.

The period to rectify and make necessary changes or to meet the compliance as per law is 120 days after giving the notice, more than 120 days have lapsed and no compliance has been met till date Under Maharashtra Fire Prevention and Life Safety Measure Act, 2006 Rules there is a provision to start prosecution proceedings by lodging FIR regarding non compliance of fire and life safety regulation by competent authority i.e. Mumbai fire Brigade. But Mumbai Fire Brigade failed to take any action reason best known to them or were they were bribed is question that will come to anybody’s mind

There should be departmental Inquiry on the involvement of Fire Brigade staff, P/ South ward MCGM concerned officers and the police officers of vanrai and they should be dealt strictly in accordance with law and should not only be suspended but criminal proceeding should be initiated against them

We would like to draw your attention to Section 10 of the Transfers and Delays Act 21 of 2006/ (64C of the Mumbai Municipal Corporation Act) which mandates that no decision can be kept pending for over 3 months. In the instant case, no action is initiated despite the complaints are made from December 20115, we request to conduct a preliminary enquiry to fix responsibility on the officers responsible for this delay and take appropriate disciplinary action against them. We request that the report of the enquiry may please be sent to us

We further wish to bring to your knowledge certain penal provisions which bring the CFO. MCGM Staff (i.e. MOH, B& F dept.) under the purview:

The Indian Penal Code

IPC 217: Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture

IPC 218: Public servant framing incorrect record or writing with intent to save person from punishment or property from forfei­ture

IPC 218: Intentional omission to apprehend on the part of public servant bound to apprehend.

Thanking you in anticipation of immediate action

Sincerely Yours

Sulaiman Bhimani

President

Citizens Justice Forum

+919323642081

Citizensjusticeforum@gmail.com

Copy of letter to CFO along withNotices attached requesting to take action against Golden chariot restaurant dated13th July 2015.

Copy Of letter to Vanrai Policestation and Asst Commissioner P/South ward to take action against GoldenChariot restaurant, dated 9th Jan 2015.

News Paper coverage

http://indianexpress.com/article/cities/mumbai/mumbai-hub-mall-fire-brings-to-fore-irregularities-4449627/

http://www.mid-day.com/articles/mumbai-fire-in-goregaons-hub-mall-no-one-hurt/17867174

http://www.afternoondc.in/city-news/not-so-golden-this-chariot/article_184619

iot

Mumbai, 13th January, 2017: K Raheja Constructions got away with lots of violations in their Horizon Green project in Borivali East. They succeeded in procuring Drainage Completion Certificate (DCC) and Occupation Certificate (OC) in early 2015 without actually constructing drainage. To hoodwink potential flat-buyers and early-bird occupants and emboldened by BMC officials’ complicity, the Rahejas tried to secretly dig a soak-pit in December 2015. The plan was to cover up the lack of a sewage connection by channeling the sludge into a soak pit and pumping it out every month. But this plan backfired when residents of the neighbouring building alerted BMC, who slapped a stop-work notice. But the Rahejas defied the stop work orders, continued the work and completed the soak-pit. So MCGM lodged a police complaint and got an FIR registered against the Rahejas.
Illegal soak pit of Horizon Green building under construction in December 2015
  • Click here for PHOTOS of Horizon Green’s soak pit.
  • Click here for PHOTOS of work in progress, defying stop work notice.
  • Click here for VIDEO of Horizon Green’s soak pit being dug late at night.
MCGM's Stop Work Notice.
Drainage is Horizon Green’s Achilles' heel, because of the building's awkward location on a slope. This project is basically built by over-exploiting the FSI of the existing “Raheja Green” layout plan, and because of this, the building suffers from major shortcomings, including lack of recreation ground, shortage of sufficient parking and mandatory open spaces, and, last but not least, huge hurdles in drainage disposal. Between 2006 and 2015, many mutually-contradictory drainage plans proposed by Rahejas were approved by BMC officials without verifying whether the hilly terrain and existing drainage lines supported these plans. The sewagedirections drastically changed no less than five times. In 2010, 2012 and 2015, the Rahejas planned three different uphill routes for drainage and the BMC officials blindly nodded!
The Rahejas claim that DCC issued in Feb 2015 was for joining the sewage into common drainage of the private layout downhill as against a proposal for flowing the drainage directly uphill and out of the layout, submitted in 2012.
The drainage lines finally laid in December 2015 went uphill to the adjoining DP road (shown below), and joined a municipal sewer outside the neighbouring TCS office building. But this sewage connection (which is not shown in any proposed or approved plan) isn't working because of improper gradient.
The site on the DP road where Horizon Green's drainage was connected to municipal sewage. Improper gradient prevents Horizon Green's water and sludge from flowing into the municipal sewer.
So the Rahejas built a soak-pit to disguise Horizon Green’s lack of proper sewage, in order to sell the flats to unwary buyers.
Although the cover-up failed and the scam is out in the open, a few buyers have already become bakras. They are angry and may soon look for legal remedies against the builder. Indeed, the newly enacted Real Estate Regulatory Authority (RERA) may prove to be the most appropriate forum for challenging Horizon Green’s fraudulently-acquired Occupation Certificate and seeking compensation.
ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.comPOSTED IN PUBLIC INTEREST BY
Sulaiman Bhimani
9323642081
citizensjusticeforum@gmail.com Also read: FIR filed against K Raheja builder: Horizon Green Borivali has invalid OC and Fak

Horizon Green (Borivali East) has invalid OC and Inadequate Drainage built without authorization

Mumbai, 26th December, 2016: Mumbai Police recently filed FIR against K Raheja's Palm Grove Beach Hotels Pvt Ltd.Reason? Violation of Town Planning Act by unauthorized construction of a drainage line in November-December 2015.Many months earlier, Palm Grove misled MCGM into giving Drainage Completion Certificate and  Occupation Certificate(OC) for their new building Horizon Green without drainage. To make up the lacuna, the developer belatedly built a drainage line going uphill. That's right, uphill!
The Deputy Municipal Commissioner's remarked on 5th January, 2016, "Validity of issue of occupation certificate dated on 18.4.2015 is doubtful".  If any flat-owners take possession and come to stay in their flats, they are in for a rude shock.When they start having baths and flushing toilets in sufficient numbers, their sewage will overflow.
See level difference in two blue circles in this drainage plan
Near the building, the drainage is 102.926 metres above mean sea level. Further down the line, the level is 105.862 metres – three metres higher, i.e. up the hill. The explanation given by K Raheja's CEO, M D Chande, is that "adequate slope is available between the last chamber in the building and the manhole on Municipal road to which the line is connected is confirmed by emptying water tanker in the last chamber in the presence of municipal staff." However, Mr Chande steadfastly refuses to back his claims with any figures i.e. metres above sea level, degree of slope, etc. Home buyers should remember that a slope of one foot per ten feet of length is needed for sewage sludge to flow; otherwise silting, stagnationand overflow are bound to happen.
Mr Chande alleges that as their neighbours deliberately blocked the old drainage line, he was forced to build the new uphill drainage.
Mr Chande claims that MCGM's Assistant Engineer - Maintenance gave NOC dated 20th November 2015 for the uphill drainage line without requiring the builder to submit any plans or diagrams.
"Why seek NOC from Maintenance department? Why not Building Proposal department?" we asked Mr Chande. His reply was that after giving OC, Building Proposal has no further jurisdiction. So he was forced to approach Maintenance Department. But  MCGM disregarded the Maintenance Department NOC and issued instructions to prosecute Palm Grove Beach Hotels for "unauthorized lying of sewer pipeline and drainage work". Read MCGM's Designated Officer's sanctionto prosecute.
DMC's remarks
MCGM's Deputy Municipal Commissioner wrote an office memo in January 2016, titled "Full Occupation Certificate issued... without completing all necessary works in the building". The DMC wrote: "It is reported that Building Proposal Department have given full Occupation Certificate to Building No. 6 on 18.4.2015... It is seen that now developer has started the work of laying drainage line. Designated Officer R/Central Ward had issued stop work notice on 9.12.2015... This clearly shows that before issue of occupation certificate, the drainage work was not completed." See the screenshot below.
The DMC's memo can be read at: http://bit.ly/KRaheja2
Catching small fish & setting the big ones free

The Assistant Police Inspector's statement prior to FIR mentions the mukadam Ramesh Kishan More, "Manager" Mr Chande and supervisor Virendra Dube. Read the statement: http://bit.ly/KRaheja4
As always, even while filing an FIR, the authorities catch unimportant minions and let the bosses go free. So, who were the persons named in the FIR? Not the directors of Palm Grove Beach Hotels and note even theproject's architect. At first, FIR was registered against Mr Chande and Mr Virendra Dube, a site supervisor working on contract basis. Here's the screenshot.

Later, the FIR was further diluted by removal of Mr Chande's name with white ink, and its replacement with Mr Dube's name, evidently because they represented to MCGM that Mr Chande, CEO, is "not concerned in this matter". So Mr Dube's name is mentioned twice in the same sentence. See the screenshot below:
So the blame for this multi-crore rupee fraud is being pinned only on a site supervisor who has zero discretionary powers and only follows orders. One is reminded of Justice S J Kathawalla's recent reprimand to EOW in a case concerning a builder... someone drags Palm Grove before Justice Kathawalla!
ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com
Read K Raheja CEO's detailed rebuttal to this press release.
POSTED IN PUBLIC INTEREST BY
Sulaiman Bhimani
9323642081

Mumbai, 24 October, 2016: Ekta Group of builders cheats and bullies its customers – no two ways about it. Don't be fooled by clever PR campaigns, paid mediabeautiful website, and estate agents. Don't get taken in by endorsements of reputed corporate like HDFC RealtyHDFC Red, or mentions in Magic Bricks Now. Don't get fooled by Anil Kapoor's endorsement and MCHI-Credai Awards for Customer Responsiveness. That's all smokescreen. The ground-reality is that Ekta Group, also known as Ekta World, is shamelessly unreliable. Booking a flat in an Ekta project means giving lakhs of rupees with no safeguards and no legal entitlements. Even when the flat-agreement is registered, it is an unfair, one-sided agreement that make you lose all your rights as a flat purchaser. Ekta builder's overall strategy is to make the buyer helpless. As they say in market language,"Builder ko haath kaatke de dene jaisa hai" -- like cutting off your hands and giving them to the builder!
Why are we making such harsh statements against a reputed builder? If you don't like long explanations, just read (1)brochure of Ekta Parksville and (2) flat-purchase agreement for Ekta Parksville. The brochure is full of rosy promises, whereas the sale agreement tells you that you have no rights and no legal entitlements at all. Builder ka sab kuch, buyer ka kuch nahin!The agreement is nothing but bhai-giri made out in legal language. Investors who have got the point can stop reading and go look for other places to put their hard earned money. Others, who want explanations, can continue reading about the actual experience of a customer. 
{Click to read the rebuttal to this press release by Ekta World CMD Ashok Mohanani OR continue reading the story of a flat-buyer below.}
 
The story of a flat-buyer:
  1. Five years ago, Vineet Malik of Gurgaon applied for a flat in Ekta Parksville project in Virar, at a price of Rs 26 lakhs. The first demand for payment by Ekta Parksville Homes Pvt. Ltd. came in November 2011. This amount was promptly paid. The verbal commitment given to him was that the flat would be delivered by December 2013 i.e. two years later.
  1. Four years later, in November 2015, the last demand note was sent by Ekta Parksville Homes Pvt. Ltd. Although 95% of the total consideration had already been paid, the flat-purchase agreement was not yet signed. The buyer was at the builder's mercy; the builder could break the deal even now.
  1. In March 2016, although the buyer had paid 97% of the total consideration, Ekta continued to refer to the deal as "provisional booking". See this indemnity bond given by the buyer.
  1. In May 2016, finally, the Flat Purchase Agreement was registered. (MOFA requires registered agreement at the time of receiving 20% of the total consideration, but these builders are laws unto themselves!) The agreement was full of discriminatory clauses making the buyer renounce all his legal rights. In a nutshell, the agreement says that flat-owner is only the owner of the four walls of his house, and he has no say in the common amenities promised in the lavish brochure. (Even if the builder reduces any or all of the amenities, and exploits the FSI of the land and/or any common area of the building, the flat-owner must keep quiet! Is this the kind of agreement one expects from a reputed builder?)
  1. According to the recently signed agreement, the promised date for giving possession is December 2016. But, judging from the current construction status, this promise will be broken. The entire site is under-construction; there is no way it can be completed for giving possession within two months. Buyers will be lucky to get possession even on December 2017!
These two pictures sum up the situation:
The flat purchase agreement says that flat-owner is only the owner of the four walls of his house, and he has no say in the common amenities promised in the lavish brochure.
Ekta Parksville – What was promised
 
The flat purchase agreement says that flat-owner is only the owner of the four walls of his house, and he has no say in the common amenities promised in the lavish brochure.
Ekta Parksville – What will be delivered in December 2016
 
In our next article, we will look at the discriminatory clauses in the flat-purchase Agreement which negate the lawful entitlements of the flat-purchaser.
Meanwhile, call us and share your own experiences regarding Ekta's projects.
[Acknowledgment: Thank you activist Sulaiman Bhimani for research and groundwork.]
ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
98215 88114

krish.kkphoto@gmail.com


POSTED IN PUBLIC INTEREST BY
Sulaiman Bhimani
9323642081

sulaimanbhimani11@gmail.com

HDFC Bank: Pawn your wife's gold now -- No documents needed!

 9th October, 2016: A lot of HDFC Bank customers are having a bad experience. Some are even having nightmarish experiences... and it's all thanks to the fine art of glibly selling them financial instruments and other stuff they don't need. One friend who wrote to me after reading my recent article about how HDFC Bank routinely abuses it's customer's trust and fiduciary relationship, saying, "Krish, your gripe about HDFC Bank exceeding the limits of fiduciary relationship is absolutely correct. But why pick on HDFC alone? I get similar spam mails from ICICI, Kotak, etc. Upon complaining, I was told to read the last line of these mails and unsubscribe if I did not want to receive such mails."
My reply to his query: "I picked HDFC because I have experience of its activities at first hand. But I also wrote about SBI Mutual and ICICI Bank in that article."
And then my friend wrote: "Here's a promo mail from AXIS Bank."
What we can see is, Axis Bank, while promoting its own credit card business, simultaneously markets multiple third-party brands. Such marketing emails violate Section 8 of the Banking Regulation Act, 1949 (Amended in 2013), which says: "Prohibition of trading... No banking company shall directly or indirectly deal in the buying or selling or bartering of goods... or engage in any trade, or buy, sell or barter goods for others..." Section 6 of the Act lists what kind of businesses banks may engage in. Promoting apparels, malls, superstores etc. is not permissible.
Axis Bank's promotional email is followed by a lengthy disclaimer that threatens you and denies everything. But enough about product sales. Selling insurance products is not a legitimate banking business either, but see this email from HDFC Bank:

The bank's customer feels helpless to click "Unsubscribe" or mark such emails as spam, as they are bundled with emailed accounts statements. Saying no to spam means saying no to email statements.
HDFC Bank branches are sales points for a lot of stuff. They surround you with posters, standees, pamphlets and young relationship managers chasing monthly targets. Ask anyone for your account balance --- and you lay yourself wide open to HDFC's hardsell. Give someone your customer id and you give him access to find out how much money you have in fixed deposits, and when they mature.
HDFC Bank markets Gold Loans as an impulse purchase. "45 minutes, no paperwork" is HDFC Bank's promise. So if you are a market speculator with an itch to invest in some hot scrip, you need a few lakhs to fund this impulse purchase, and you need it now. HDFC Bank says, "Psst, psst. Raid your wife's jewelry cupboard and pawn her gold. WE WON'T ASK YOU ANY QUESTIONS! DO IT NOW.
45 minutes, no paperwork -- overdraft against Gold Jewellery
Or, you are a housewife who has the urge to splurge without consulting her family. To her, HDFC Bank is saying, "Just go ahead, honey, pledge your gold. DON'T THINK, JUST DO IT NOW! Live for the moment!"
Having pawned off their gold, HDFC Bank's customers find that the bank personnel can armtwist or blackmail. Read this complaint from an aggrieved customer in Mumbai: "I the undersigned holding Gold Loan A/c. No. 21114 with your esteemed HDFC Bank, Yogi Nagar Branch for Rs. 130,200/-. Last week I visited your Yogi Nagar Branch for renewal of my Gold Loan. I meet Lady Officer (name unknown) and informed her to renew the same and asked about details for the same. She refused to provide any details and filled one cash deposit slip with account number details and amount and told me to pay Rs.11680/- to the Teller. I paid the same at the Teller and given the Counterslip to that lady. She cross/cutted the account number mentioned on it and given it to me back. The said renewal charges are not accounted to my loan account but deposited in her personal account... She has also not given the Renewal documents for Gold Loan and refused to provide the same."
Since documentation is minimized, so are safeguards against abuse. Relationship managers and other para-banking employees can play mischief. There are sad stories unfolding all over the country in the name of gold loans.
ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com
POSTED IN PUBLIC INTEREST BY
Sulaiman Bhimani
9323642081
sulaimanbhimani11@gmail.com
Note: Next article is about the nightmare of an HDFC Bank customer from whose accout thousands of rupees are being deducted every month against his will through Electronic Clearing System (ECS), thanks to HDFC Bank's ability to toss documentation to the winds. Dekhiye iss dharavahik ki "ugly" kadee 🙂