Thursday, February 13, 2014

The daily reminder of British Raj and worst then that

Alok Tholiya,
Marigold Hall, Tholiya Bhavan, 10th Road, Next to Regency Hotel,
Near  Vakola Highway Signal, Santacruz East, Mumbai – 400 055
Tel. 9324225699 / atholiya@gmail.com





14th Feb. 2014



The City Survey office,
Nagar Bhumapan Adhikari, Bandra,
Santacruz West,

Ref: Javak kra.: 254/2 Hadda kayam mojni chi notice


Our family is resident of Santacruz East for nearly 70 years. So each and every postman, telephone line men, various municipal staff etc know us or our property very well.
Suddenly on 11th Feb 2014 I received an intimation from Post office of Santacruz East that they have one undelivered letter .The letter was not delivered was a surprise. I collected same by authorizing my staff.
The post had come from Nagar Bhupamapan Adhikari , Bandra, and situated at santacruz West. The copy of envelop is attached showing address of recipient which is myself. But the address was totally incorrect as building name was not there, there is no blue royal road, then I am at santacruz East but envelop said Andheri east, and govt has made it mandatory to state correct pin code but same was not mentioned.

So normal interpretation was that they had planned that either I do not receive the letter or receive it much after survey was carried out.

The post contained a notice that a adjacent plot developer has asked for demarcation of plot and for that purpose presence of plot owners whose plot is abating the applicant Ambrosial Developers plot must remain present at 9am on 13th feb 2014. I waited with my peon etc for more then two hours and only  post 11 am on 13th Feb. the staff of survey office arrived at site.

They took few hours to do something which was not my cup of tea to understand as only expert in carrying out and doing survey can follow.

Then  the surveyor Shri Sanjay Devrukhakar did not do any marking to demarcate boundry.

So matter remained a whole hush hush and eye wash for a lay man like me. I refused politely to sign any papers.

Crux of the issue: Next door developer has some issue with BMC and is finding it difficult to get an OC. Hence his application for re survey.

The applicants plot is in Santacruz East at Vakola and office concerned with Survey is in santacruz West and cater to only Santacruz and not Andheri. Even child in Mumbai knows Vakola is in Santacruz East and not Andheri and hence their writing the address on envelop meant for me with fishy details is serious. My property's full details are with survey office and they are the land records dept..

I was suffering from flu and yet reached in time at site but survey dept official and applicant turned up 2 hrs late .

No demarcation was done /shown at site and neither we were advised to keep any private surveyor to assist us.

No prior consent was taken from us before fixing a survey that means as a slave citizen I must rush to the office/ site/ venue of any petty officer whenever summoned , where ever summoned leaving all my priorities and whether I am sick or whether I am not in a position to attend.

My staff called same surveyor to know the time it will take for surveying our property if we too applied for same. He clearly said minimum two months. That means developer has done something to get his work done on short notice as he has just applied last fortnight.
This is India and ruled by bureaucrats (Monarchs) who run our life ( life of AAM ADMI) at their whims and fancy and are controlled by influential / monied (KHAS ADMI).

Regards,

Alok Tholiya

Encl. Copy of envelop and notice

NB: Govt officials = British Raj Officers, Big Sharks  = Khas Admi , suffering citizens = AAM ADMI



Tenant Bina has shamefully neglected the premises let out to her and demands huge amount to stop harrassing












These  photographs were taken on 13th Feb 2014 which clearly show huge pipal tree every where on 1st floor , broken windows, unrepaired  ,unpolished and unpainted windows, door, walls, chajja,  etc, huge cracks and shabby condition 

Letter to Vakola Police with copy to Police Commissioner reg old dilapidated building

Alok Tholiya,
Marigold Hall, Tholiya Bhavan, 10th Road, Next to Regency Hotel,
Near  Vakola Highway Signal, Santacruz East, Mumbai – 400 055
Tel. 9324225699 / atholiya@gmail.com





14th Feb. 2014

Hon. Inspector of Police
Vakola Police Station,
Santacruz east, Mumbai 400055




Reg: Notice no. ACHE/353(B) /01/WEE   issued by EE H/E to  carry out structural audit of Building known as Saburi, 107, ( formerly known as Dias Building), Vakola Bridge, Santacruz East, Mumbai 400055

Sir,

Namaskar and Season’s Greetings.

Pl. note that above building “Saburi “ falls in your area. Further note that MCGM EE H/E asked to submit in 30 days STRUCTURAL AUDIT REPORT  for our building Saburi formerly known as Dias Building, 107 Nehru road., vakola Bridge, Santacruz east, Mumbai 400055. We complied with their instructions and submitted the report EE H/E  on 10th Dec 2013. Subsequently on 20th Dec and again on 12th Feb I have sent follow up letter to know progress upon receiving the structural audit report by you on your request.

Pl. note that building is of 1942 and is in bad condition and loss to any life and property will be responsibility of officials and elected representative of the area.
We request your kindself to go thru the report, visit building officially if required and advise further action to us/ to MCGM officials/ to police as per relevant laws.
Kindly do the needful.

Thanking you,

Sincerely yours

Alok Tholiya



Encl: Copy of report
Encl. Copy of letter having ack. of ward office dt. 10th Dec 2013 and 12th Feb 2014

CC to Hon. Commissioner of Police,
EE H/E

NB:
one and all can see copy of notice and structural audit report online anytime at :
http://tenantsofsaburi.blogspot.in/2013/12/bmc-notice-to-saburi-building-and.html

Letter to Local corporator Smt Mahadeswar with copy to Shri Udhav Thakre

Alok Tholiya,
Marigold Hall, Tholiya Bhavan, 10th Road, Next to Regency Hotel,
Near  Vakola Highway Signal, Santacruz East, Mumbai – 400 055
Tel. 9324225699 / atholiya@gmail.com





14th Feb. 2014

Hon. Smt. Pooja Vishwanath Mahadeshwar,
Area councillor,
Ward 86, H ward East,
Santacruz east, Mumbai 400055
mahadeshwar86.he@mcgm.gov.in




Reg: Notice no. ACHE/353(B) /01/WEE   issued by EE H/E to  carry out structural audit of Building known as Saburi, 107, ( formerly known as Dias Building), Vakola Bridge, Santacruz East, Mumbai 400055

Madam,

Namaskar and Season’s Greetings.

Pl. note that above building “Saburi “ falls in your ward/ constituency. Further note that MCGM EE H/E asked to submit in 30 days STRUCTURAL AUDIT REPORT  for our building Saburi formerly known as Dias Building, 107 Nehru road., vakola Bridge, Santacruz east, Mumbai 400055. We complied with their instructions and submitted the report EE H/E  on 10th Dec 2013. Subsequently on 20th Dec and again on 12th Feb I have sent follow up letter to know progress upon receiving the structural audit report by you on your request.

Pl. note that building is of 1942 and is in bad condition and loss to any life and property will be responsibility of officials and elected representative of the area.
We request your kind self to go thru the report, visit building officially if required and advise further action to us/ to MCGM officials/ to police as per relevant laws.
Kindly do the needful.

Thanking you,

Sincerely yours

Alok Tholiya



Encl: Copy of report
Encl. Copy of letter having ack. of ward office dt. 10th Dec 2013 and 12th Feb 2014

CC to Hon. Shri Udhav Thakre ji,
Hon. Mayor, Mumbai.

EE H/E

Wednesday, February 5, 2014

My poor tenant and their costly counsels and courts not asking for proof

[What they said about Adcocates] My poor tenant and their costly counsels and courts not asking for proof
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Blogger
5:40 PM (4 hours ago)
to me
In 1989  I purchased building now known as Saburi at Vakola Bridge Santacruz East, In 1990  tenant Mrs Bina Chowdhari filed a case claiming tenancy right to terrace, exterior walls ( do not laugh as court gave the injunction in her favour without seeing any proof of claim which of course she does not possess).
The case is on till date and not reached even half the stage.

Our jurisdiction court is is Bandra ( western suburbs of Mumbai). for tenancy cases in Small Causes court. The Head office of this court which is a main court for rent act matters is at Princess street , Dhobi taloa , Marine lines. It is about 20 KM away from Bandra court. Main court being old has many more seasoned advocates, have their offices near by , they also easily practice  high court which is near by, the clients they cater are from posh south Mumbai so the property is precious and much costlier then suburbs.

All this would normally mean that advocates who are practicing in main small causes court are busy and costly. A busy senior professional would visit for one or few client specially suburbs would naturally mean that he is suitable compensated.
I have heard Advocate's like Harish Salvi even demand charter flight. My one family member was sent to Ad Mrunali for family court issue and she charged Rs 20000/- for so called conference of 5 minutes. This member had gone thru a good reference still she was charged that high , not offered any solution, not offered tea. These are present day professional  specially advocates, their charges and their rubab.

Mrs. Bina Chowdhari for over 20 years is represented by Ad Amin Nathani. who mainly practices in Main court. Has his office in South Mumbai. Owns a luxury car driven by chauffeur. Is very successful. Prepares well. Fights aggressively. And in my matter since their is no weight in matter he is able to delay the same successfully instead of trying to take it to logical end or resolve amicably.His client and my tenant Mrs Bina Chowdhri is aged above 80 years and in interim application he has filed for expediting the application on the grounds of senior citizen but does not do so for main suit for obvious reason as case is filed with no sufficient cause and for entangling me in to litigation and for arm-twisting.
Today in CR no 35 Ad Nathani said that his client is poor and old and can not afford to pay the permitted increases in rent if landlord asks for same suddenly. On a rent of Rs 138/- or so per month  ( for commercial premises in a crucial area near BKC and Airport)  the permitted increases would be few rupees. I have not worked out same and not demanded same as she thru her advocate is bound to calculate it differently will find fresh reason to delay the main suit by filing a disagreement with my claim. I have in writing before the court exempted her from paying same. I am not claiming permitted increases which are amount a beggar does not accept  now a days from my other tenants in other building too where rent for a room is Rs 30/- p..m. and permitted increases is 4%. Do u want to collect same after paying huge fees to consultant and then fear of entering in to dispute on calculation?

So as per Shri Nathani ji the Ld. Advocate of my old ailing client is poor and which he can say so before court. However she  can afford such a senior, seasoned, renowned advocate specially driving down to congested western suburbs for her, file application after application and delay the main suit for 23 years.
By the way she has another huge tenanted property of Wadia's under her. She is also tenant of entire bungalow just adjecent to 7 star delux hotel Grand hayatt at Vakola. She had another property which she sold some years back. She has 3 sons ( one of whom is a advocate and another very senior executive in corporate house) and a daughter who also is more then LLM atleast while in court.

Similarly in another matter Ad D C Mehta said my client can not afford to  pay mesne profit at market rate ( rent fixed by court on evicted tenant). However this client travels world over every year, has palatial bungalow in Jaipur and so on and best is can afford senior counsel like Ad D C Mehta who can so easily make believe court what is not true.

should not court ask them to furnish their balance sheets, passport, IT return, details of property and business owned, run , tenanted?? And if really poor then why not advise them to go to legal aid at high court for economically weak??




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Posted By Blogger to What they said about Adcocates at 2/05/2014 04:10:00 AM