The tenants of the luxurious residential complex Ekta Tripolis in Goregaon West, have levelled serious accusations against Ekta Everglade Homes Private Limited, charging the developer with imposing unjustified and unlawful amenity charges solely on tenants.
The tenants claim that these charges are a gross violation of their rights and termed as “calculated extortion”. The tenants, represented by seasoned housing rights lawyer Advocate Vinod C Sampat, has issued a legal notice to the directors of Ekta Everglade Homes Private Limited – Ashok Govindram Mohnani and Vivek Ashok Mohnani – for imposing discriminatory amenity fees solely on tenants.
The notice also requests the Goregaon West Police to file an FIR under Section 329 of the Bhartiya Nyaya Sanhita, 2023, accusing the developer of trespass, intimidation, and obstructing tenants’ rights. The tenants are represented by seasoned housing rights lawyer Advocate Vinod C Sampat.
The tenants feel betrayed, as they have been barred from using clubhouse facilities despite paying high rents, which were based on contractual stipulations guaranteeing access to these amenities. They argue that the use of clubhouse facilities forms part of their rights as tenants, yet they remain
prohibited from accessing these facilities and are being coerced into making additional payments to the builder. This, according to the tenants, is a blatant violation illegality that highlights the builder's high-handed approach to deprive tenants of their rights.
The legal dispute centers around the builder’s decision to impose a hefty Rs 50,000 plus GST as an annual clubhouse fee and Rs 1,00,000 as a security deposit from tenants – charges that have reportedly been waived for homeowners. Advocate Sampat called this action “nothing short of calculated extortion,” labelling the practice as discriminatory and devoid of legal justi?cation.
“These charges are illegal and exploitative, aimed solely at tenants who, under Maharashtra law, should have the same access to amenities as homeowners without additional fees. This discriminatory
practice violates the Maharashtra Ownership Flats Act (MOFA) as well as the RERA regulations, which clearly stipulate that all amenities are included in the sale and licensing agreements,” Sampat pointed out.
The developer’s actions, Advocate Sampat strongly feels that, are a targeted form of extortion that completely disregards the rights and protections guaranteed to tenants under the law and thereby, impose a double burden on tenants by charging them for services that the owners are exempt from.
According to Advocate Sampat, this selective imposition of fees on tenants alone is not only discriminatory but an outright abuse of power. “The developer’s behaviour is not only illegal but morally reprehensible. The tenants, under their agreements, are legally entitled to equal access to amenities like the clubhouse, gym, and swimming pool without additional charges,” he stressed.
