Real Estate Legal Matters and Queries

[webmaster]

Hi All,

Please post all legal queries, questions here. Our legal members will try to answer the queries in the best possible manner.

We welcome all forum members from a legal background to assist in this section for the benefit of the all.

[Adarsh Aggarwal]

Dear All,
Let me give you an example of how builders operate.

A is the owner of the land. He enters into collaboration with B, who is called Developer.
B enters into agreement with A and appllies on his behalf to Authorities for Licence.
In the meantime B pre-launches the project and starts collecting money.
When the licence comes, he launches the project and after getting the plans etc. approved starts construction and enters into Builder's Buyer's Agreement.
Builder Buyer Agreement becomes the base of any contract but is always heavily loaded in favour of Builder.
Now if any thing happens to B, the developer, the land being in the name of A is still safe, as it is in the name of A.


e.g. Whatever project BPTP does, lands and licences are always in favour of its associates, subsidiary or any other company and they have developmental rights only.

Regards

Adarsh Aggarwal, Advocate, 9810240789, rpalegal@hotmail.com

[BlessU]

Hi
Greetings

Kudos to this initiative and feel indebted to GFWA for providing such a wonderful platform to progress in a democratic and legal manner towards the plight of 1000s of homeseekers.

Coming to the discussion topic regarding "Real Estate Legal Matters and Querries" I thank you mr Adarsh Aggarwal for very carefully enlisting the various methods that can be resorted to to seek relief by homeseekers in a separate thread post7563.html#p7563

Sir, I wish to share something which will be subservient to the overall cause- that is "getting what you have paid for"
Going through the very elaborate and appropriate example with careful explanation in "ABC" terminology, one aspect has gone missing "G" or the "Govt department" and officials

Again, what can be added to the dimension is the existance of "Lokayukt" which deals with matter pertaining to corruption by govt officials. This could suitably be added to your list given in the link post7563.html#p7563

Using this new opportunity and dimension in the entire process, I would like to impress upon the fact, rightly mentioned by you in the previous post "Do Remember Builder wins not (ONLY) because Government is on their side but becasue they are willing to fight and have resources for that, however whenever public takes a cause and fight it properly and strategically, public is bound to win."

Please excuse me for having added a small phrase(ONLY) in your quote to make the picture more clear. This word changes the entire game if corrupt, indifferent, incompetent, inefficient govt officials are suitably highlighted to the lokayukt.

ENDGAME

Why not file RTIs regarding the duties/conduct/rules/procedures/records of Govt officers of state (past and present) and file a case of dereliction of duty, incompetence and possibly corruption against them in Lokayukta

a)for allowing farmers to sow crops on land for which they have received, accepted and realised compensation to full and final settlement and to their satisfaction.
b) Delays causing financial loss to the govt,
c) Unnecessary escalation of cost to be borne by individual subscribers to govt approved and licenced plans
d) Non possession of land and failure in securing the estate of the state despite having full power and police at their disposal.
e) Shoddy/Non Standard construction and upkeep/maintenance of Roads, Sewerage, water supplies, electricity supplies etc contrary to normally accepted engineering designs and govt approved specifications..
f) Proof of purchases being made at costs higher than approved and market cost
g) Embezzlement of public money through favouring contractors by purchasing like services at a higher than market cost
h) Proofs of undue favours to builders
i) Extension of licence without adhering to licencing conditions
j) Completion and occupancy certificates being given without doing necessary checks and test
k) Unauthorised used of Govt land by builders out of favour by govt officials
l) Encroachment and illegal contruction and no action being taken despite written complaints
m) Wastage and non conservation of Water
n) Non preservation of Environment and allowing illegal and unauthorised exploitation of resources
o) No clearances for executing govt work from statutory agencies
p) Lack of attention to and overlooking of suggestions and qualification on books of accounts by auditors
q) Disregard to suggestions, recommendation, best practices given by consultants hired by govt at public expense
r) Disregard to Non confirmation to terms of contract regarding work done and executed by/through external agencies
s) Siphoning off money collected and apportioned under a specific head for use elsewhere, etc

Sir my request is to adopt and suggest a direction which is
cost effective,
time bound,
suitable for the public,
accepted by higher authorities and supreme court,
Reformist in nature,
deterrent for any future occurance..

My POV if we can ensure "G"s working as per expectations, builders cannot dare to take anybody for a ride.


Cheers

[BlessU]

appologies mentioned Mr Ashish instead of Adarsh. error is deeply regreted

[Adarsh Aggarwal]

Dear Bless u

Very Good topic. RTI

If we see the biggest contribution of Arvind Kejriwal and other persons, it is RTI. It is actually not right to information but RIGHT TO EMPOWERMENT if used properly.

Government G functions in two types one is administrative functions and other is legal functions or statutorily functions.
Yes you can always under RTI demands information but you cannot question i.e. Why for a particular act. RTI is for information which means empowerment. e.g. you can ask under RTI when a licence was granted to a builder, when applicaation was made and copy of correspondence, but you cannot ask why he was granted licence late.
You have touched upon a number of topics about RTI. Yes information can be got and then it can be sifted through to make out a case of delirication of duty by making representations to appropriate Authorities under Government and then RTI can be moved to KNOW WHAT HAPPENED TO YOUR REPRESENTATIONS. IN this way pressure is put upon authorities and government to act legitimately.

If still your problem is not solved you can go to higher authoriities and then in WRIT PETITION BEFORE HIGH COURT.

LOKAYUKTA CAN ONLY CONDUCT ENQUIRY AGAINST CORRUPTION AND RELATED ISSUES AND THEN PASS ON THAT ENQUIRY REPORT TO GOVERNMENT.

SO EACH CASE HAS TO BE SEEN FROM ITS OWN ANGLE AND THEN STRATEGY IS MADE AND PREPARED ACCORDING TO IT.


e.g. ESCALATION IN PRICE CANNOT BE DEALT BY CONSUMER FORUM AS IT IS A MATTER WITHIN EXCLUSIVE PREVIEW OF CIVIL COURTS I.E. IF BUILDER DEMANDS AND SAYS THAT PRICE OF FLAT HAS BECOME HIGHER DUE TO ESCALATION, THEN YOU HAVE NO OPTION BUT TO GO TO CIVIL COURT

Regards
Adarsh Aggarwal

[Adarsh Aggarwal]

JUST HIGHLIGHTER

UNDER LOKAYUKTA ACT HARYANA
ONE CAN BE IMPRISIONED FOR 3 YEARS IF HIS COMPLAINT IS FOUND TO BE FALSE AND LOKAYUKTA RECOMMENDS CASE AGAINST HIM IN COURT.

this is what the Lokayukta Act, we are given
YOU FIGHT AND GO TO JAIL, HOWEVER OFFICER WILL ONLY FACE ENQUIRY AND REPORT TO GOVERNMENT

Adarsh Aggarwal

[BlessU]

Hi
Greetings

Thanks for the revert.. all justice delivery systems require facts based on RTI/proofs/documents, where a complainant has proofs which are verifiable and conclusive. So no question of going to jail for 3 years if proofs are conclusive and verifiable!!

Sifting of facts is no pain to get the lokayukt to book the culprit .. If pursued with care, conviction, your legal guidance and alacrity, many cases of corruption are known and proofs available.. (can be obtained/provided). Corrupt officials have been dismissed/suspended.

Again departmental actions are being taken against such officers delivering justice, so definitely and conclusively an alternative to the conventional legal system to those mentioned in post
post7563.html#p7563 does exist, as you are aware, but not mentioned in the list.

This is less time consuming and a big deterrent for officers conniving with builders and those who are slow/inactivity/lethargic/incompetent causing delays and losses. This will also help Honest elected office bearers for smooth conduct of governance and business. So will create no need to go to court..

Hope I am able to explain myself!! If yes, lets get facts about what are
the licencing conditions for the 60+ odd licences issued in Faridabad and
what are the fines and
facts on builders getting extentions,
Facts about whether a builder has complied to the conditions of licencing.

These facts in itself will logically lead to prove inconsistencies, sleezemoney, favouritism extended to builders.. I am also not calling govt officials corrupt, they are very much a part of the society but empowerment comes with information and guilty or not guilty can be decided by Lokayukt based on information through RTI.

Cheers

[BlessU]

Appologies missed the word "not" in the last paragraph 2nd line.. now introduced and corrected

"am also not calling govt officials corrupt, they are very much a part of the society but empowerment comes with information"

Error regretted

Cheers

[Adarsh Aggarwal]

Yes,
But for that also you have to take action. Otherwise nothing will happen on any front anywhere.

Regards
Adarsh Aggarwal

[bmidha]

Dear Adarsh and BlessU,

You are doing a fabulous job in educating members of GFWA....It's not easy to find time for others and post such a detailed reply..Thank you so much for your efforts and thanks to Core members of GFWA as well for all the hard work they are doing...We are discussing a lot about legal options available to end investors but don't see that we are using those measures to stand for our right. ..What's next for us...apart from one Writ that is filed in Honorable High Court against EDC??

Comments/Feedback will be highly appreciated..

Regards
Ajay

[naresh_dhawan75]

Can you please suggest a good lawyer who is handling / expert on property matters.

Thks

[Adarsh Aggarwal]

Dear Ajay, Naresh
Pose your problem? Solution can be thought of only on the base of documents.

Regards
Adarsh Aggarwal
Advocate

[BlessU]

Hi
Greetings

I wish to write here a sincere request to the legal advisory team to take a small step to start the process of putting a leash on illegal and unethical practices of Builders (licenced and illegal), duly corroborated by many officials of Huda and DTCP.

My request is AIMED to move/push the "G" factor for providing legal authorised colonies and licenced construction a proper focus through the auspices of this Association.

Request therefore to move the Dtcp department through a suitable RTI about providing details of any complaints received regarding illegal colonies being marketed/sold/promoted.
Locations of these colonies?
Area under unauthorised development?
What action taken/proposed?
finally are they aware of this development?
Any other question our valued members and legal team may think of..

http://www.indianrealestateforum.com/fa ... 24402.html

We need to keep posing and collecting about illegal development is just one example of illegal things happening all around at the cost of homeseekers waiting for years at end and nothing has moved on ground till date..

I will keep reminding the forum of such nuances and illegal activities which should be addressed to properly and suitable cases built against corrupt govt officers of HUDA and DTCP who are in connivance with both legal and illegal builders here.

Friends, make faridabad a place where corrupt officers feel scared of a posting and thus ensuring that legal builders with wrong intent, are no longer licenced to loot us.

We have able legal team and legal cases as last resort should be taken up in routine where things really go over board but pressure on administration should continue through 100s of such RTIs.. forcing officers to do their job in propriety and stop conniving in the wrong intentions of certain licenced builders will be a better, cost effective and less time consuming method.

I will post more such instances affecting the homeseekers. In gurgaon, govt was forced to conduct such raids on illegal property developers. Ex DC of Faridabad (now HUDA administrator GGN) was forced to raid all developers and slap fines for water supplies, poor roads and amenities due to similar movements started by residents.. http://timesofindia.indiatimes.com/city ... 381988.cms and
http://timesofindia.indiatimes.com/city ... 381988.cms

Hope this makes sense.

Cheers

[BlessU]

ps please read the last line of nb news article Mr Devender pal- DTCP is inviting public to get information on these type of builders!!! what else can you ask for.. pehle to inse milo..ye sir help karenge poori..he he

[Adarsh Aggarwal]

Very Good Work Done Ajay Yadav.

Legal:
In all the document name of BPTP never appears, as the licence is taken in the name of Countrywide promotors and then a collaboration agreement is signed among them, the terms and conditions of which are generally unknown to general public. All the bookings are taken into the name of BPTP and all money is taken by BPTP. NOTHING ILLEGAL?

Now if any body see, the alongwith licence there is date of issue of licence, the licence generally is valid for 3 years, whereas many a times builder do not start work in 3 years or simply start works after taking all the bookings. We have to ascertain the renewal of licence of builders.