Mall Time line : What are we fighting for

Part OC received (Basement, Lower Ground, Upper Ground, 1st and 2nd (PT) upper floor.

Pre-Opening meeting for MALL, few shops opened in Oct, Nov 2009. AC plant not started.

HDIL Entertainment (sister concern of HDIL, running multiplex) starts collecting CAM (Common Maintenance charge) from Nov/Dec 2009 at Rs12/sqft of Super Built up area.

Started charging Maintenance on the basis of sale area, Jan-Mar 2010 at 9 Rs /sqft as AC is also not functional.

AC testing started between 2.0pm to 6.0pm within shops. Cam raised to 12 rs/sqft. People protested. Said we were starting AC, and Anchor has been signed, and would be operational in couple of months.

CAM raised to 18/sqft, told that this is due to property tax. Amended invoice to mention as per clause 14 which mentions municipal taxes.

Legal notice to HDIL, Satra non-formation of society

General Body approves society formation

Application for Shop owners society formation

Received permission from Registrar, to open A/c in Bank, given 2 months to get 60% members.

Society GBM, could not contact all members. HDIL was directed to share the contact details of owners, but stalled the handing over details. Time extension given to get 60%.

Registration of Dreams The Mall company by HDIL behind the back of shop owners in a matter of a week. NO PARTICIPATION of any shop owners.

HDIL Writes to Asst.Reg against society. Says company already formed and therefore society should not be permitted.

Meeting with HDIL (Nikita, Wadhwan…) where they said that they are trying to start a hospital and have taken over the maintenance of the mall. They walk out when questioned about Old accounts and Property tax. Signatures taken in the pretext of the meeting from shop owners.

Society application rejected. Grounds : 60% not raised within, and company has been formed in the meanwhile. Decide to appeal against order.

Society writes to ROC against Dreams the Mall, for not presenting any accounts, and not holding any meetings etc.

HDIL Ent. getspermission as a Franchisee for MSEDCL. HDIL has already taken 15000/-from each shop owner for setting up infrastructure, and giving MSEDCLmeter, but have not given one till date. Use electricity connection topressurize shop owners.

Shops received prop tax bill received from BMC from April 2010 to March 31, 2014, based on Capital value. Come to know that HDIL/HDIL entertainment has not made any payment till date to MCGM though they have collected the same in CAM.

Achievement of over 60% members of shops, affidavit submitted.

Div. Jt. Reg passes order dismissing appeal as company is in existence and says that 2 entities cannot manage the same property. For society application to be passed the company needs to be dissolved.

Meeting with various lawyers including Adv.Sampath to explain our case. Need to collect funds to make any progress as litigation is time consuming and expensive.

Name of HDIL entertainment changed to Carnival Films Entertainment Pvt. Ltd. HDIL appears to have leased Multiplex to carnival, and sold HDIL entertainment to Carnival.

Sarogi writ for electricity. Company commits in court that they are clearing dues, and will honor promise of connection. Agitation and no electricity and BHAND in the mall for 5 days. HDIL gives written assurance on society formation and property tax on letterhead.  HDIL starts winding down all services, and nearly stops all housekeeping work except for the food court and multiplex floors. Security nearly disappears.

MSEDCL connection received by many shop owners, but they have to make deposit payment again to MSEDCL despite paying HDIL/Satra.

HDIL holds discussion with members and again promises time bound plan for clearing property tax. Asks shop owners who have CAM pending to pay property tax directly, submit proof and get credit for CAM payment. For other who have no pending balance promises to clear property tax within 3 months.
Promises to form society shortly and asksfor cooperation to get the mall running. Asks for postponing date ofhearing while modalities can be worked out.

Conditions on mall have deteriorated so much that society decides to run washrooms, housekeeping etc. based on voluntary contributions from fewshop owners.

Adv.Sarogi does not appear incourt. Court warn of passing order and Adv.Sarogi does not appear. Casefor society formation lost by default.

Many months of partial on/off of supply. Electricity supply is completely disconnected for common areas because of non-payment.

Distribution Franchisee agreement of HDIL entertainment is terminated.