REPAIRS PROBLEMS OF BPP COLONIES
Under the law of the land, it is the duty of the owner and landlord of a building to keep it in a safe and habitable condition by carrying out necessary repairs from time to time.
On 23rd December 2016, Times of India had reported a case where the Sessions Court had upheld a lower Court order sentencing the landlord to three months jail for refusing to repair the dilapidated building despite repeated notices from the BMC. The Court refuted the defense that he could not afford the repairs and that the tenants had not co-operated with him. Referring to the argument of expenditure, the Court held that “But that cannot be a reason for not following the provisions of law. For this reason the accused cannot be permitted to play with the life of others”.
Bombay Parsi Punchayat till last year had a policy of paying 50% of cost of repairs with 50% to be contributed by the occupants and even there the poor occupants who could not afford to pay their 50% share were either exempted or allowed to pay partly or by suitable installments. This practice was accepted by almost all the 4500 flat occupants of BPP, the biggest Parsi landlord in the city.
Other Parsi trusts with residential buildings like the Petit Trust, Garib Zarthosti Rehthan Fund, Zoroastrian Bldg. Fund, would repair their buildings bearing 100% of the repairs cost and no liability would be passed on to the occupants except their co-operation. Thus the residents of these Trusts are better placed as far as maintenance of their properties are concerned, which is done fully by those Trustees, without any burden on the residents.
Recently the BPP is facing a financial crunch as it has yet to decide on the Refundable Deposit Scheme of the earlier Board due only to Kersi Randeria’s objections. In spite of several legal opinions obtained on demand of Kersi Randeria from various legal luminaries and all the other Trustees as well as Nusli and Ness Wadia opting to revive the Refundable Deposit Scheme, Randeria is adamant and will not allow it. There are at least 15 to 20 occupants of BPP flats who want to encash their tenancy value on sharing basis and at least Rs. 15 to 20 crores would come into the kitty of the BPP if it was resumed and most financial problems of BPP would get resolved from the interest earned from this deposits.
Instead of which we have the unholy spectacle of BPP doubling the parking charges as well as service charges for all occupants of its colonies, increase in water charges, drastic reduction in medical and education aid given to applicants, delay in disbursing doles to 2nd & 3rd child recipients and stoppage of incentive subsidy to Mobeds from September 2015 till date.
Now for some Startling Breaking News and the biggest blow – the BPP Trustees have informed all occupants who approach them for sharing 50% share of repairs cost that the Trust has no funds and to themselves pay the full 100% cost to have it repaired and BPP will reimburse them as and when they can.
This unheard of decision has put all the occupants whose buildings are dilapidated and need urgent structural repairs into a quandary. At present two Godrej Baug buildings constructed hardly 25 years ago have started repair works through 100% contribution from the occupants themselves and hope that BPP will honor their commitment to repay 50% thereof very soon.
But the moot question is what has happened to the Rs. 300 crores corpus/donation/deposits collected by the earlier Board. Why is its interest income not used to carry out urgent repairs? Why is availability of avenues to raise resources not being done? Almost Rs. 15 crores will be available from sale of shops, offices & flats in their Navsari building which Yazdi Kasad has constructed and ready for occupation since 2013 but due to the infighting of Trustees no one is bothered to obtain the sanction of the Charity Commissioner for its sale. Yet the residents have to suffer for their lethargy and incompetence.
The Trustees are lucky that in spite of such a huge corpus/donation/deposit the residents yet contribute 50% whilst the Petit Trust and the Cama Trust do the repairs of their buildings fully 100% at their cost.
In view of the Court directive to landlords to carry out repairs without making excuse of availability of funds it is mandatory for BPP to do so. The BPP has more than enough funds and it is only a matter of time before some building residents will file a case against Trustees for breach of their fiduciary duty to keep and maintain the buildings in a reasonably good condition and not play with the lives of the residents.
Will the Trustees wake up and do their duties or will they wait till calamity occurs and then do damage control.
A suffering resident of Godrej Baug.
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FOR UNITY AND PROSPERITY
IN THE ONE HUNDRED ELEVEN YEARS HISTORY OF ASLAJI AGIARY, NEXT TO SHAPUR BAUG, CONGRESS HOUSE LANE, OFF LAMINGTON ROAD, MUMBAI, THE HONORABLE TRUSTEES OF THE AGIARY HAVE DECIDED TO PERFORM A JASHAN CEREMONY ON EVERY MEHER ROJ AND BEHRAM ROJ AT 10.30 AM SO THAT OUR PEACE LOVING COMMUNITY ONCE AGAIN STAYS UNITED AND PROSPERS AS OUR FOREFATHERS PROSPERED IN 19TH AND 20TH CENTURIES.
