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PRISCILLA SAMUEL
ROYCE SAMUEL
Advocate High Court
Mainframe, A-Wing, 707,
Royal Palm, Goregaon East,
Mumbai - 400065
Mob- 9967279622/7738026552
Email:advpriscillasamuel@rediffmail.com

Date : 21st February 2024

To,

1. The Secretary Kalpavruksha Vasant Vihar

Co-operative Housing Society, Vasant Vihar
Opp.Vasant Vihar Joggers Park, Next to Vasant
Vihar Row Houses, Pokhran Rd.No.2, Thane
West-400610.

2. The Eversmile Company Private Limited,

Having Its Registered Office At, Conwood
House ‘Yashodham’, Dindoshi, Goregaon
Mulund Link Road, Goregaon (east), Mumbai
400063. “The Developers”

3. Voltas Private Limited

Having its Address at, 19, J.N. Heridias Marg,
Ballard Estate, Bombay-400 038. “The
Confirming Party”

Sir/Madam

I write to you under the instructions of My Client being Mr. Condred Peter George, who has
in his hands shares with respect to interest in Flat 202 of Building Type-D governed by the
Kalpavruksha Vasant Vihar Co-operative Housing Society, and is with respect to the same a
member of the Kalpavruksha Co-operative Vasant Vihar Co-operative Housing Society
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registered under the Maharashtra Co-operative Societies Act, 1960 having registration No.
TNA (TNA) HSG/TC/7649/95-96 dated 27-6-95. I say that it is in this behalf that My
Client exercises all rights with respect to being a Flat Purchaser protected under the
Provisions of the Maharashtra Ownership Flats (Regulation of the promotion of
construction, sale, management and transfer) Act, 1963 hereinafter referred to as the
“MOFA”, and it is upon the protection of such rights that My Client only as per only the
legal and reasonable clauses (excluding the invalid clauses) of the First Apartment Purchase
agreement Dated the 26th of May, 1994 hereinafter referred to as the “Flat Purchase
Agreement” entered into between Eversmile Construction Company Pvt. Ltd
(Developers/Promoter), and (Owners) Confirming Party Voltas Limited has unit undivided
interest in flat 201 of type D on 2nd Floor, in Building No. DT-1 on land which are second
phase lands being part of said lands more particularly described in the First Schedule of the
Flat Purchase Agreement, and thereby in this behalf being the Apartment Purchaser shall
seek from the Developers and Owners the Completion of title, Transfer of the Said Land in
the name of the Co-operative Housing Society (namely Kalpavruksha Vasant Vihar
Co-operative Housing Society) governing the management of the affairs of the Building
Type-D on the second Phase Land, and therefore the Developer and the Owners shall convey
Property forming piece and parcel of second phase lands (as described in the said apartment
purchase agreement) to the Kalpavruksha Vasant Vihar Co-operative Housing society. It is
to call upon the enforcement of such obligation of Conveying title free of encumbrance,
marketable, fair and clear that the My Client states as hereunder:-

1. The Developers and the Owners on having constructed Self-Contained and

Self-sufficient spaces; and, offering for sale the purchase of Unit-Flats and thereby
submitting the construction of the Building to the provisions of the MOFA, are as
per clause (b) of Sub-section 2 of Section 3 of the MOFA and pursuant to the
contents of Paragraph No. 5 of the Apartment Purchase Agreement the Developers
along with the Owners must make a full and true disclosure of the area of land
covering the Building DT-1 governed by the Kalpavruksha Vasant Vihar Co-operative
Housing Society . The Developer must in this behalf make full and true disclosure
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with respect to any lien, charge, encumbrance or any third party right over the said
property. The Developer must through specific plans placed before the Local
Authority describe the Floor Space Index Utilised towards the Construction of the
Building DT-1 and thereby express through marks, plans and specifications the
corresponding land area in this behalf.

2. The Developers and the Owners on having constructed Self-Contained and

Self-sufficient spaces; and offering for sale the purchase of Unit-Flats and thereby
submitting the construction of the Building to the provisions of the MOFA, are
obligated, in ‘square metres’, to declare the built-up area on the lands known as 2nd
phase lands, accompanied by a detailed account of the Floor Space Index (FSI)
employed therein. Furthermore, it is imperative for the Developer, within the Deed
of Conveyance, to meticulously delineate the built-up area of each individual building
structure and demarcate the land parcels that has promoted the Construction of
these Building Structures. Consequently, both the Developer and the Owner are
urged to jointly appoint their respective authorised representatives or personally
attend to affirm and execute the aforementioned instrument, known as the "Deed of
Conveyance”.

3. The Developers and the Owners on having constructed Self-Contained and

Self-sufficient spaces; and offering for sale the purchase of Unit-Flats and thereby
submitting the construction of the Building to the provisions of the MOFA, are
under clause (c) of Sub-section-2 of Section 3 called upon to relinquish themselves
from the obligation, of Declaring specifically through the Deed Of Conveyance the
following:-
a. The Order Under ULC as referred to in the Apartment Purchase Agreement

and bearing reference Order NO. ULC/TA/F-62/SR-18 dated the 11th of

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July, 1984 as Modified and Extended by the order dated 28th February, 1986
under section 21 of the “Ceiling Act”.

b. Copy of Sanctioned Key Plan and Sanctioned Key Plans for other Buildings

constructed with Contiguous Boundaries; showing Boundary and Locations

For Building DT-1 and any other Building that has been constructed with
Contiguous boundaries; showing neighbouring streets to the buildings;
showing the means of Access constructed from the streets to these buildings;
showing space left with respect to free circulation of Air around each
Building; showing constructions of the Buildings and breakup of covered area
on each floor with the calculations for percentage covered in each floor with
the calculations for percentage; showing ground covered by two or more such
buildings structures which have been amalgamated and or constructed on
second phase lands; showing electric lines and water supply lines, drainage
lines; showing a sanctioned statement specification indicating total area of the
land covered by each building on second phase lands; and separate plans
which shall inform with respect to the roads, open spaces, playgrounds,
recreation spaces and DP reservations schools shopping centres, all such
drawings marking and representations and referred to hereinabove must have
been sanctioned before the Local Municipal Authority at the time of having
entered into the Flat Purchase Agreement.

c. Sanctioned Building Plans of Building DT-1 and all other Building Structures

constructed on 2nd Phase Lands; showing the ground floor plan and/or
basement plan of each building; showing parking space provided around and
within the building structures or if two or more buildings structures the
ground under which has been amalgamated the common means of access in
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this behalf: and the plans must also show separate refuse chutes, chambers and
service ducts, vehicular parking spaces and loading and unloading spaces for
each building structure.

4. The Developers and the Owners on having constructed Self-Contained and

Self-sufficient spaces; and offering for sale the purchase of Unit-Flats and thereby
submitting the construction of the Building to the provisions of the MOFA, are
under the obligations to make full and true disclosure with respect to the utilisation
of any additional FSI that has been developed over the present structure or which is
available over the 2nd Phase lands and remains to be utilised in this behalf or have
already been utilised as Transferable Development RIghts, or any such development
right which has been made available subsequently by the construction of any amenity
space, reservation area or recreation ground or in such like manner have been made
available over the construction of the Building and shall for this reason be clearly
specified with respect to each building structure and any illustration and or
representation with respect to the same shall be provided by owners and purchaser
under the proviso of the “Deed of Conveyance” in its recitals and clauses, and thereby
all such interests, tangible and intangible rights must absolutely be transferred to the
Kalpavruksha Vasant Vihar Co-operative Housing Society.--The Co-operative
Housing Society shall take liberty and is in this behalf bound to take all measures,
and implement and institute any proceedings concerning the same.

5. Additionally My Client further states that you are called upon to furnish document
and details with respect to the following:-
a. Draft of Conveyance Deed.
b. 7/12 Ledger Extract/Property Card & Mutation Entry [Village form No. 6]
c. N.A. Order.
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d. ULC Order.
e. Approved Plans of the Buildings.
f. Building Commencement Certificates.
g. Building Completion Certificates.
h. Occupation Certificate.
i. Title Certificates & Search Reports of last 30 years
j. Lastly, Architect Certificates.

6. The Developers and the Owners on having constructed Self-Contained and

Self-sufficient spaces; and offering for sale the purchase of Unit-Flats and thereby
submitting the construction of the Building to the provisions of the MOFA, calls
upon the Developer and the Owner confirming party to fulfil its obligations and
thereby release itself from its liabilities by placing before the Flat-Purchaser and the
Co-operative Housing Society all plans and specifications as mentioned above and
appoint a day to execute the “Deed of Conveyance”, wherein the member
representative of the Co-operative Housing society shall make themselves responsible
to execute documents with respect to the “Deed of Conveyance”.
7. It is mentioned however, if it is beyond a period of Seven Days that the Developers
have not replied or have not reached out positively in terms of the duties imposed
upon it under the provisions of the MOFA my client along with other members of
the Co-operative Housing Society shall be compelled in this behalf to institute
respective proceedings before the Competent Authority under section 11 and 13 the
provisions of the MOFA, to sought Deemed Conveyance in like manner and shall in
its power take all steps legal to compel the Developer and the Owners to fulfil its
impending obligations, further the Developer and the Owner for its act of ignorance
shall also be liable for any Criminal action which shall be taken due to the
inadvertence shown by the Developer or Owner in this behalf.
8. My Client hence implores that greater counsel prevail over yourselves.
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Yours Truly

Priscilla Samuel, Advocate High Court.

CC: 1. To, Hon. Secretary, ARJUN Vasant Vihar., C.H.S. having

address at Vasant Vihar, Pokhran Rd.No.2. Thane West-400610.

2. . To, Hon. Secretary, SONCHAMP Vasant Vihar C.H.S. having

address at Vasant Vihar, Pokhran Rd.No.2. Thane West-400610.

3. To, Hon. Secretary, ASHWATHA., Vasant Vihar C.H.S. having

address at Vasant Vihar, Pokhran Rd.No.2. Thane West-400610.

4. To, Hon. Secretary, PANCHAVATI Vasant Vihar., C.H.S. having

address at Vasant Vihar, Pokhran Rd.No.2. Thane West-400610.

5. To, Hon. Secretary, MUCHKUND Vasant Vihar., C.H.S. having

address at Vasant Vihar, Pokhran Rd.No.2. Thane West-400610.

6. To, Hon. Secretary, AMALTAS Vasant Vihar., C.H.S. having

address at Vasant Vihar, Pokhran Rd.No.2. Thane West-400610.

7. To, Hon. Secretary, SHAMI Vasant Vihar., C.H.S. having address at

Vasant Vihar, Pokhran Rd.No.2. Thane West-400610.

8. To, Hon. Secretary, UHEDE Vasant Vihar., C.H.S. having address

at Vasant Vihar, Pokhran Rd.No.2. Thane West-400610.

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9. To, Hon. Secretary, KACHNAR Vasant Vihar., C.H.S. having

address at Vasant Vihar, Pokhran Rd.No.2. Thane West-400610.

10. To, Hon. Secretary, VASANT VIHAR ROW HOUSES., C.H.S.

having address at Vasant Vihar, Pokhran Rd.No.2. Thane

West-400610.

11. To, Hon. Secretary, CONWOOD ENCLAVE Vasant Vihar chs .

having address at Vasant Vihar, Pokhran Rd.No.2. Thane

West-400610.

12. To, Hon. Secretary, JASMINE TOWERS Vasant Vihar chs. having

address at Vasant Vihar, Pokhran Rd.No.2. Thane West-400610.