less than a month after six years September 19, 2017 EarthquakeA case affected by a construction defect in the office of Mayor Benito Juárez is about to be closed through an agreement between the builder and the authorities. The deal will benefit the capital’s government, but victims have so far been unable to return to their apartments.
this is a residential area Tlalpan 550Located in the Moderna neighborhood, the Office of the Attorney General (FGJCDMX) approved the application of the opportunity criterion (signed by the prosecutor Ernestina Godoy herself) in favor of starting companies and developing properties Personal.This, after these people subscribe reconstruction committee an indemnity agreement in which they formally pay 122 million pesos.
So far, five judicial files against the builders will be closed on general fraud offenses – as they have been proven to have sold poor quality properties – and four people have been charged as a result.
Victims of the property criticized the actions of the judicial authorities because although their home was being repaired, the chairman of the rebuilding committee, Gibbonelli Maldonadohave let them know that their apartment will be delivered in November, but they’ll be doing black jobs. Even the pre-delivery certificate of the house being distributed (the medium has a copy) states this.
But not only that. In order to make their property as prepared as it was for an earthquake, the council provided them with credits through the Capital Institute of Housing (Invi) so that they could do the work themselves, so the damage would not be repairable, despite justification FGJCDMX.
“César Cravioto, the former reconstruction commissioner, promised that the complex would be handed over in September 2021, and now the authorities will benefit from funds to repair the damage, and they told us they would hand over the unfinished apartments to us,” noted one victim , who asked not to be named.
Victims of the Tlalpan 550 met with Commissioner Jabnely Maldonado this Saturday, who confirmed that the tactic of applying the standard of opportunity in favor of the builders who defrauded them was devised by the CDMX legal department.
Although he told them that the Metropolitan Attorney’s Office had approved the application of the opportunity standard, he insisted that the committee had not been notified.
Victims who were in attendance criticized the council for calling them to expose something they theoretically didn’t know.
The fact that personnel from the Metropolitan Prosecutor’s Office did not attend the meeting to explain to the victim the scope of the opportunity criterion was also criticized by the victim.
construction company paid in kind
On 14 July, a request for the application of the chance criterion against the four accused was lodged through an official letter filed with the Southern Prosecution and Public Prosecution Office; the request was filed by Pablo Gómez Mont Signed in the identity of the advocate and legal representative.
According to the mandated opportunity criteria, where political animal It has a copy of bond guarantees for 16 victims linked to the incident, as well as agreements signed with two of the victims, and those granting them pardons.
Tlalpan 550 residential complex consists of the following parts Consists of four 17-story towers which one together 390 apartments damaged.
According to the petition, the Metropolitan Attorney’s Office asked the Reconstruction Commission to inform whether a compensation agreement had been reached with the accused and its scope. To this end, the Legal Aid Department of the China Securities Regulatory Commission confirmed it through different official letters.
In a formal letter dated July 13, the day before the defendants’ lawyers requested the application of the opportunity standard, the commission confirmed that it had entered into an agreement to repair damages “in the amount of 122 million 770,625 pesos to the number 550, costs incurred by Colonia Moderna’s Property Redevelopment Board”.
In this response, the Commission attached a certified copy of the damages agreement, “clearly stating that, since it was an agreement to comply immediately, criminal proceedings in favor of the defendant could be eliminated by the application of the opportunity standard,” Detailed instructions are in the documentation.
Only 90 million pesos was transferred to the CDMX Consolidated Reconstruction Trust bank account, while the rest was paid in kind, namely three properties worth 33 million pesos.
“For the other immediate victims, in addition to the support provided by the Reconstruction Commission, the restoration of the damage is guaranteed by the delivery of their apartment, which will be carried out by the Reconstruction Commission on November 30, 2023 (…) The Commission acts as an economic Support, Added authorization of opportunity criteria.
“This is not damage repair”
In September 2022, the outlet reported that, according to the council, investments had been made in rehabilitating the complex of four 17-storey towers each. Public resources of at least 330 million pesoswhile the project is not complete.
Now, the council has guaranteed that the apartments will be delivered by November 30, but victims are finding it hard to keep that promise as there are countless unresolved issues with apartments and communal areas; not even lift shafts have been built and in some sections there are no stairs.
Neighbors are now sharing that they will not be able to return to their flats if the works are delivered by the stated date, as they will be delivered in black, which is stipulated in the Council’s pre-delivery acceptance certificate itself. Letters written for reconstruction circulated among the victims.
“The apartments in the Tlalpan 550 building will be delivered with the required airtightness, including perimeter walls and windows, replacement of interior walls, repair facilities and structural reinforcement; the apartments will be ready for the Owner/Owner on the date of pre-delivery Finishing, such as: flooring, tiles, stucco, paint and placement of kitchen furniture, stoves, range hoods, heaters, closets, “sinking, etc.,” the act says.
Victims interviewed criticized the authorities’ actions, saying they felt doubly cheated: by the person who sold them the shoddy apartment, and by the authorities who were closing the case.
“We feel cheated. They took away the only chance to fix (the damage) because the agreement would result in a hold,” lamented one victim.
Another neighbor added: “We won’t even go to trial … this alternative justice mechanism is a trap.”