ETRWA was formed to represent all the Owners of seven courts within Essel Tower, namely Ivory court, Amber Court, Pearl court, Emerald court, Coral Court, Diamond court and Sapphire court. The ETRWA has been allotted a new registration under the Haryana Registration and Regulation of Society Act, 2012 with registration No. HR/018/2017/02926 dated 30 March 2017.
The purpose of ETRWA was to function for the mutual welfare and benefits of the residents of these courts and take over the maintenance of the Essel Tower complex from the Developer as soon as possible for mutual benefits of the residents. All Owners/residents of these seven courts are members of the Association by default. However, the voting rights in the General Body are being granted to only those residents who have become members of the association by paying a life time membership fee of Rs 500/-
The Essel Tower was developed by M/s Essel Housing Projects Pvt. Ltd. (EHPL). Based on the Maintenance arrangement signed with the Owners by EHPL, the maintenance of these seven courts in Essel Tower as well as all the common areas within the boundary wall of Essel Tower, was being done by Essel Tower Maintenance Private Limited (“ETMPL”), a company formed by EHPL with the specific purpose of maintenance of the complex. The Orlov court which was developed later is also part of Essel Tower complex but there is separate RWA of Orlov court residents and the maintenance of the Orlov court also is being done by ETMPL. However, the maintenance of the common areas of Essel tower from Gate 1 onwards including Gate 3 was being done by ETMPL under ETRWA control and supervision including the maintenance expenses for the same being charged from ETRWA Owners and residents. The share of Orlov court in common area maintenance was being paid by ETMPL - Orlov court and the share of Pilot court in common area was being paid by Essel Housing Pvt Ltd, the Developer to ETMPL – ETRWA accounts till 31st December 2020.
In Addition to ETRWA and Orlov court RWA, there is another association for Pilot court which is also built within the Essel Tower complex and the maintenance of common areas within the boundary walls of Pilot court is being done by Pilot court association.
The ETRWA entered into an arrangement with EHPL & ETMPL that with effect from 01 Jan 2021, operation and maintenance and all facilities within Essel Tower which was being done by ETMPL on behalf of ETRWA along with Finance and accounts would be managed by the ETRWA itself and that the ETRWA shall have full control on the finances and expenses incurred towards operation and maintenance of facilities and providing the services to the residents of seven courts of the Essel Tower including the common areas from Gate 1 onwards. Though the broad terms were agreed with the EHPL/ ETMPL in March 2021, but the negotiations were going on for the books of accounts of ETMPL to find out the profit/loss etc. Ultimately, after extensive negotiations and check of ETMPL accounts, the ETRWA entered into Memorandum of Understanding (“MOU”) with the Developer and ETMPL on 18th June 2021 to this effect.
With effect from 1st Jan 2021 onwards, the ETRWA has assumed the responsibilities of operations of ‘maintenance and facility services of the Essel Tower Complex’ along with collection and maintenance of books of accounts of 750 residents of seven courts. Consequently, the ETRWA started receiving monthly maintenance Charges from the members into its solely controlled account for the mutual cause.
In pursuance of the aforesaid MOU, the EHPL are also supposed to transfer the maintenance and facility services of the assets, which were constructed or purchased by the EHPL/ ETMPL out of the maintenance charges received from the then members for the proper maintenance of the Complex. These assets include DG sets, office equipment, etc. However, these assets are in the possession of RWA but in absence of appropriate documentation & supporting, these assets have not been recorded in the books of accounts of the Association. The ETRWA has been following the guidelines, rules and regulations for collection of maintenance charges including taxes if any from the residents of these seven courts.