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

In response, maintenance services company BPMS denied the allegations, stating that safety measures are in place and that its fees are among the lowest in the area. It pointed out that the current management of the clubhouse and pool falls under Godrej Living, and 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, 77, a resident since 2018.

“The builder has raised invoices of Rs 1,364 for a period when the club was inaccessible to residents. Residents have withheld payment, asserting that it was the builder’s responsibility to ensure the club’s operational readiness. The matter has been escalated jointly by the RWA and residents via email, with authorities looped in to dispute the unjustified charge”, Park Serene RWA president Sandeep Sharma, 64, claimed.

“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 added.

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 netbanking.

“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.

“Critical infrastructure like sewage and drainage systems are non-functional, a 33kVA line is pending, and the community relies on a fragile 11kV temporary power line frequently breaking down during peak summer. The inadequate DG sets, still under capacity, have failed to meet backup demands, leading to extended outages and resident distress. They are just feasting on the delayed payments by collecting exorbitant interest,” Park Generations RWA president Ashwini Singh said alleged.

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 refutes allegations

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 that have been shared, 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 RWAs’ claims abouts 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.

He stated that the issues regarding payment collection and the app only pertain to the current RWA, as previous ones had requested and approved a similar mechanism with minor modifications.

“We categorically deny all the allegations made. In fact, we have consistently followed up with the RWA regarding the formal handover of the complex, and have already shared all relevant documentation and financial records in this regard”, he said, pointing to emails regarding pending finalisation of terms from the RWAs end for handover of maintenance services, and reopening of the clubhouse sans objections.”

“Even for the implementation of the billing app, the RWAs were actively engaged with, they aligned with most operational decisions—contrary to what is now being suggested by them.”

Godrej Living was contacted for a comment but could not be reached.

Park Serene RWA VP Kumar claimed that the handover is pending due to alleged contentious clauses in the draft agreement, and incomplete infrastructural work that would leave them with high liabilities and high costs.