RWA, developer clash over safety audits, fees at Gurgaon housing complex where LKG student drowned in pool

Indian Express

4 days ago

Residents of a housing society in Gurgaon's Sector 37D have alleged that the builder has not conducted promised safety audits after the drowning of a five-year-old boy in a swimming pool last year.
The BPTP Spacio Residents Welfare Association (RWA) also raised concerns over high maintenance fees and a lack of clear spending breakdowns, as well as inadequate infrastructure, including sewer connections. It said it has complained with various governmental bodies regarding financial improprieties against the builder BPTP.
In response, BPTP's maintenance services wing, BPMS, denied the allegations, stating that safety measures are in place and that its fees are among the lowest in the area. It claimed that the current management of the clubhouse and pool falls under Godrej Living and said that all necessary reports have been shared with the RWA.
'The developer's attitude has been nothing but dictatorial,' said Surender Kumar Garg, 54, vice-president of BPTP Spacio RWA.
Spacio is among the three BPTP residential projects in Gurgaon's Sector 37D with a common clubhouse in a 43-acre residential complex of 1,300 flats that also includes BPTP's Park Serene and Park Generations.
LKG student Mevansh Singla drowned on July 24, 2024, in the main swimming pool in Park Serene in the presence of lifeguards.
The main pool was fully reopened in late June for the first time after the incident, but the three RWAs alleged that the promised safety and security audit of the pool and clubhouse, which is part of it, never saw the light of day as it was not shared with them.
'Following the serious incident at the club premises in 2024, it was expected that BPTP would demonstrate accountability and prioritise resident safety. However, the events following the reopening reflect persistent governance lapses and a disregard for collaborative decision-making,' said Hemant Kumar, vice president of Park Serene RWA.
'Forget the audit report being communicated or even done, no formal documentation has been provided to confirm that structural and operational lapses in the pool from the previous year have been fully addressed,' said Satyaveer Sangwan, 37, a resident since 2018.
The club has requested Rs 364 as reopening charges from each flat, Park Seren RWA president Sandeep Sharma, 64, said.
'Residents do not mind paying, but are angry about the general opacity. The omission about the pool/clubhouse audit poses ongoing risks and undermines confidence in BPTP's safety protocols,' the retired Air Force Group Captain said.
The biggest grievance of the three RWAs is the alleged high common area maintenance fees charged, as well as the online collection system, which they claim does not allow partial payments and has a high convenience fee for digital modes, such as UPI and NEFT.
'It is redundant for specially outstation owners to pay by cheque for each month. The monthly fee of Rs 1,003, after including electricity and water charges, becomes around Rs 1,300,' Sangwan said.
The charges continue to be applied without a clear cost breakdown and transparency regarding how revenues from commercial activities within the club—such as fitness classes, a coffee outlet, a restaurant, and the upcoming juice section—are being utilised or offset against resident dues, said Kumar.
Further, the sewer and drainage connections have not been installed, and the electricity capacity is currently low, leading to frequent DG set usage, the residents alleged.
'They are just feasting on the delayed payments by collecting exorbitant interest,' Park Generations RWA president Ashwini Singh said.
The residents said they have even written to the Reserve Bank of India (RBI), the Securities and Exchange Board of India (SEBI), the Insolvency and Bankruptcy Board of India (IBBI), and the Union government, citing financial improprieties and violations of the Consumer Protection Act.
BPMS managing director Shyam Sunder, when contacted, said that the club and swimming pool at 37D Serene are currently operated under the management of Godrej Living, but that they have been regularly sharing all necessary reports.
'Standard safety protocols have been reviewed and implemented in line with good industry practices. Operational responsibility, including safety audits, along with related documentation and disclosures, rests with Godrej Living,' said Sunder.
The maintenance and club charges are determined and levied by Godrej Living as part of their management scope, he added.
'The CAM rate applicable for 37D Serene remains at Rs 3.56 per sq ft, which is one of the lowest rates in the vicinity compared to comparable residential communities. Further, BPMS books are audited by SN Dhawan & Co LLP (an affiliate of Mazars, a globally reputed audit and advisory firm). A CA certificate based on these audited books is shared annually. A detailed cost break-up has also been shared with the RWA multiple times to ensure transparency.'
He called the claims civic and infrastructural inadequacies unfounded. 'Regarding the allegations of missing infrastructure like stormwater drainage and 33 KVA electrical systems, we categorically state that these systems were either completed or handed over as part of the original development scope. If there are any specific operational issues, we request the RWA to share details for resolution instead of making unfounded claims,' said Sunder.
A BPMS official stated that the issues regarding payment collection and the app only pertain to the current RWA, as previous ones had requested a similar mechanism with minor modifications.