Faced with an uncompromising developer and a hostile residents' welfare association, a retired health department official has won a legal battle over a tripartite agreement on maintenance charges on their apartment in Sohna Road in Sector 48.
Dr. V.K. Jindal (83), a retired deputy director, health department decided to wage a lone battle against the building developer against what he believed was illegal and emerged victorious against all odds.
In 2008, when Dr. Jindal, along with his family, moved into his flat in Vipul Greens apartments on Sohna Road in Sector 48, he was forced to sign a tripartite agreement with the builder imposing a maintenance authority on the residents. “We had to sign the agreement under duress as the developer said he would not allow the possession of the flat without the maintenance clause. The maintenance was fixed at ₹1.25 per sq. ft but a year later it was hiked to ₹2.84 per sq. ft without any justification. Though the other residents gave in, I found it unacceptable and decided not to pay the enhanced charges,” said Dr. Jindal.
Intimidation attempts
Several attempts were then allegedly made by the builder to make him fall in line and when nothing worked, the power supply to his flat was snapped. “For nine days we were forced to live without electricity. Those were difficult times. My son even offered to pay the maintenance, but I refused to be cowed down and found support in my wife,” said Dr. Jindal.
He then decided to approach the Punjab and Haryana High Court but none of the residents came out in support for fear of being targeted. His wife Dr. Chander Mohini, a retired gynaecologist, recalled how the fellow residents even poked fun at them asking them to move to DDA flats if they could not afford the maintenance charges. He even got anonymous calls threatening him and was also denied the common facilities extended to the other residents such as services of the plumber.
Financial strain
The court decided in his favour, but the developer filed a revision petition in the High Court. Dr. Jindal had to travel to Chandigarh several times in connection with the case, along with his daughter Deepika and this put their family under considerable financial strain. At last, the High Court dismissed the developer’s plea for arbitration and the case was remanded to the civil court with a direction to dispose of it in six months.
Court decision in favour
After a long battle, the elderly, with support from many elderly couples, they got a favourable decision from the court on December 22, 2016. The court ruled in favour of Dr. Jindal by holding the tripartite agreement null-and-void, and also directed the developer to constitute a valid RWA of flat owners and handover the management of the society and the collection made under various heads to them. Dr. Jindal regretted that though a majority of the condominiums in Gurugram faced similar issues, not all showed the courage to fight it out.
The spokesperson of Vipul Ltd., the developer, said that the company had availed legal remedy against the impugned judgment before a competent court of jurisdiction and would await the outcome thereof.
