Legal case against RPS Group Infrastructure for Savana project

[vineet]

Dear Friends,

A very positive outcome in Unitech judgement is NCDRC directing the builder to pay service tax as the possession was due before the service tax was made applicable for construction activities. Most of the buyers in RPS Savana too had possessions due before 1st July 2010(36 months from the date of agreement) when service tax came into force. Same goes true for VAT too.

Regarding FIR, please write an application of plain paper and visit Sarita Vihar police station to get diary number. They normally won't file FIR citing its a civil case (breach of agreement) but its an important step so that the number of complaints increases and then police is forced to file FIR. In case of FIR through court, you would need to file 2nd complaint to DCP Sarita Vihar and then approach court under 156 CrPc

The need of the hour is to take action. Please unite and take action as most of the times people wont go further beyond discussions. Its not about the money but about our rights and moreover our duty as citizens to clean the system.

Regards,

[webmaster]

Well, it was heartening to get the response from some of the members. The following persons have given their consent for the information of the Group :-

- Self Abhishek
- Mr. Prady
- Mr. Arun
- Mr. Sood

Now, there is definitely a need to have more members in the group. I am on the lookout for an advocate who can fight for us. Alternatively one of us can file the complaint on behalf of others. What I have come to know through Mr. Sood is, that the Consumer court in which complaint can be filed is District Forum LSC Sheikh Sarai, Near Transport Authority. Also, there is a suggestion that the UNITECH lawyer can be hired. The problem is that I am posted at Lucknow and do keep visiting NOIDA on and off since my family stays in NOIDA. Hence I can contribute financially and can not take the lead. But on the basis of information available in this forum and otherwise, I am preparing the case which may help the advocate. Regards.

[abhimad]

May I request you to give inputs on the matter since you were actively involved earlier to bring everybody on board and fight for the cause.

Regards

[abhimad]

The group now consists of two new members, a total of 6
- Kunal Pruthi
- Gaurav Khanna
- Self Abhishek
- Mr. Prady
- Mr. Arun
- Mr. Sood

[vbjha]

Dear Mr Goel, Mr Abhishek,

I am also ready for legal action. Please let me know what is the next step,

My mail id is vb****@*****mail.com

Flat No-******

Although I did speak to a lawyer and he told me that in order to file a case in NCDRC

Thanks,
Vishwa Bhushan Jha

[vbjha]

Dear Mr Goel, Mr Abhishek,

Please count me in for legal action against RPS.

My mail id is v***@**mail.com

Flat No-**-****.

I went to NCDRC and met a lawyer there, he said in order to file a case at NCDRC, Headquarter, INA the total claim amount should be more than Rs 1.00 Crore. So I guess we might have to make a group of about 30 or more people. The total time it may take is approx 1 - 1.5 years.

My claim is for approx Rs 5.75 Lacs

Thanks,

Vishwa Bhushan Jha

[abhimad]

One more addition. The group now consists of :-
- Kunal Pruthi
- Gaurav Khanna
- Self Abhishek
- Mr. Prady
- Mr. Arun
- Mr. Sood
- Mr. Vishwa Bhushan Jha

[abhimad]

Dear Members the time and unity are of the essence when it comes to fighting with the clout formed by the builders in Neherpaar. We need to show solidarity and participate in good numbers so that our case is heard at the appropriate forum and on priority. Some members have given their willingness.. more need to join. Please voice your opinion.

[sonila]

Even I am willing to join. We have a unit in PH. Please let me know the procedure. Thanks

[abhimad]

Well Sonila, you can inform about your email and contact number so that I can inform all the group members and include you in the listing.

[sonila]

You can get in touch with us on +91- 9910402989, and email sonilav@gmail.com.

In our case when we contacted the builder for the final amount due, they told us an amount which also included price escalation upto 2014, while the flat was supposed to be handed over in 2010.
No payment of penalty as that they are saying that they will adjust against the price escalation.
Moreover if we need to take action we need to take asap becos once they give the possession, we cannot file a case against them. At the time of possession they will get a document signed for legal immunity in which the owner then cannot take a legal action against them.


Thanks

[abhimad]

Sonila, I would like to clarify that there is no legal immunity that will go to builder's advantage even on the basis of the documents signed by you towards taking the possession or otherwise. Case in point is the landmark decision given by NCRDC against UNITECH wherein despite the Builder/Buyer agreement being skewed unfavourably against the Buyer, still the helplessness of the Buyer was acknowledged and the builder has been directed to pay the penalty @ 12 % to the aggrieved buyers. So let nothing deter you in taking up the case against RPS who has definitely cheated us and continues to do so even after handing over the possession. Case in point is the deficiency observed/faced by many who have already moved in,in providing the maintenance services. There is definitely a need to bring this builder to books

[abhimad]

For information of others. We have formed a group of 8-9 members and are meeting at the following venue to discuss further modalities. Coffee House, Cannought Place, Delhi, at 1100 hrs on 19 Jul 15. If anybody else wishes to join are most welcome.
Madhulika Gautam

[sameer23]

Hi, my possession is not soon but i will also possibly face these issues, so i am willing to join the case. Can you update me please. my email is samnz@outlook.com . I am presently overseas.

[amolbh]

For information of others. We have formed a group of 8-9 members and are meeting at the following venue to discuss further modalities. Coffee House, Cannought Place, Delhi, at 1100 hrs on 19 Jul 15. If anybody else wishes to join are most welcome.
Madhulika Gautam

Did you guys meet?