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We are the residents of Eden Heritage Residential Complex, constructed near Mount Rosary Church in Kallianpur of Udupi, We are issuing this statement through our registered society.

The partners of Mis. M.L. Eden Developers, Daisy Montero and John Patrick Lewis circulated handbills and published through website that they would construct a luxurious residential complex with all modem amenities such as Gym, Party Hall, Lobby, Library, Clubhouse, Society Office, Security Guard Room etc. on the basement floor of the building to be constructed near Kallianpur Rosary Church. Impressed by their assurance, many people came forward to purchase who were assured of all these extra facilities by the builders.

Similarly the building was registered as cluster of apartments and mentioned in the deed of declaration that the basement floor would be reserved for the aforesaid amenities. Due to the assurances of the builders, the society members purchased their flats and formed a society to safe guard the interest of the flat owners and maintain day-to-day affairs of the building and registered the same.

Even after building construction work was completed and all members occupied their flats, the builders did not come forward to complete the work of the basement floor which was reserved for residential utility purposes as per their assurance. When enquired about this, they used to give one or the other false assurances and kept the basement vacant. In August 2014 some persons started 

constructing walls on the basement for commercial utilization purposes and opened their office. When enquired with the builder, these persons who are related to the builders, created their own records and started their businesses.

The builders have duped us by giving us false assurances and have failed to keep their promise. Moreover they have colluded with some of the Municipal Authorities, obtained license for commercial purpose in the residential building and also obtained Municipal Door No’s 3/147, 3/147(A1) & 3/147(A2) for it. 

Now, heavy vehicles like, lorries, containers etc . are moving around the building making life difficult for the residents especially children, women and old persons of this residential complex. The builders have been fearlessly violating the law and carrying on with their commercial businesses. We complained about this to the Municipal Commissioner, who issued notice to the builder ordering to 

remove unauthorized commercial construction and provide residential utilities as stated earlier. Inspite of that the builder and other related persons did not heed to the notice and continued with their routine activities in the said premises.

When enquired about this in the City Municipality, the municipal authorities gave us casual replies informing about "ukrama-sakrama" (legalising of unauthorized structures) and passing of time.

We would like to draw your attention towards the below mentioned points pertaining to our building:

1. As evident in the name, Eden Heritage Residential Complex is a residential apartment building and not meant for commercial purposes.

2. As per the promise made by the builder in the advertisement, the builder is bound to provide amenities i.e., party hall, lobby, library etc. in the basement floor of the building.

3. In the approved plan, registered Deed of Declaration etc. the builder stated that the building is a residential complex and the aforesaid amenities would be provided in the basement floor and the builder obtained permission for the same. But now illegal diversion is not acceptable.

4. The residents of this residential complex believed the builder’s words and paid highest price for their residential apartments. Now if the facilities are not provided, it accounts for duping and betrayal of faith.

5. Receiving payment for a particular facility and not providing the same leads to failure of service as per Consumers’ Protection Act. 

6. Since ours is a residential building, we have already availed residential building insurance and if it is utilized for commercial purposes it would lead to violation of terms and conditions of insurance, which may lead to a deep problem to our society and our building in the corning days.

7. It is not fair for the Municipal Authorities to proceed with I Akrama-Sakrama’ policy inspire of the policy not applicable in our case.

8. The occupants of the aforesaid three Door numbers of the basement floor do not have business license for their commercial activities and a case vide Complaint Application No. 27/2015 is registered regarding this in the Consumers’ Court. A copy of the same is enclosed herewith.

9. Due to arrival of commercial vehicles into the building, life of the residents of our building is becoming very problematic and dangerously risky.

Inspire of Municipal Commissioner’s Order to vacate illegal occupation and commercial utilization of the structure and other violations, the builder continues to carry on his illegal activities in broad day light, which shows that there is an invisible hand behind his activities. So we have come before you with the hope that your goodself will give justice to us.

Nelson Louis and others were present in the press meet.