Discussion with Lawyer

[dheerajjain]

We had discussion with good lawyer yesterday who has won many good profile real estate cases. Brief points:

1. Our case is strong and Haryana Apartment Owners Act 1983 is very clear and unambigous regarding apartment owners rights. Whatever builders are doing is gross violation of rights. In 2009, based on this Act, Haryana High Court ruled against DLF. Ruling againt DLF should be applicable to all group housing societies in haryana.

2. To make our case a priority, we need to jointly file common case. So, apartment owners from RPS, Piyush, Ferrous, SRS, BPTP etc. from Neharpar Belt (Sectors 75 to 89) should file a common petition. Benefit of this will be that we will appeal directly to High Court of Haryana saying that there has been a large scale violation of rights with regards to common area sale in this belt. Verdict that will come will be applicable to all societies in Neharpar belt. We will also make Haryana Govt. a party to this case.

3. For Economic Offence Wing case to be effective, we need to make it high value (i.e. about 2 crores) case. Same goes for Consumer Court

4. However powerful the builder(s) may be, if we are presenting our facts right and we are UNITED, verdict will go in our favour.

[sendtomanish]

Good job Dheeraj, Much appreciated.
1. Did you talk with him for forming RWA?
2. HUDA is doing nothing despite collected hefty IDC/EDC; can we do something for area development and make HUDA party?
3. Can you please take more initiative in this regards and draft a common grievance with help of lawyers, we can plan a meeting on any Sunday suitable to everyone and lawyer, if required. I am ready to contribute for same cause and request others from SRS and other society to do so.

-Manish

[dheerajjain]

Dear Manish

1. Formation of RWA is taken care by SRS people as we discussed in meeting on Sunday. As I informed, we tried earlier but failed.
2. Surely, we can file Public Interest Litigation (PIL) against HUDA. That task is there with Mr. Raja of SRS to contact Faridabad based NGO for the same.
3. We are having next meeting with lawyer on Thursday. You can join us at Tis Hazari Courts

dheeraj.jain@myfaridabad.in

[freemind76]

Hi Dheeraj,

I am ready to unite behind you.

[dheerajjain]

Guess what, after making this post, I received a SMS on my mobile to sell off my flat. SMS said that buyer is confirmed and ready to take my flat. Many of core members of MyFaridabad forum have received these calls. I am not selling my flat.

dheeraj.jain@myfaridabad.in

[freemind76]

Are you hinting that it is the Builders(or his snoopies) who might have read this post and tried to play this tactics?

[s1joshi]

Considering this is a public site, we cannot restrict people from accessing the info,

Specific to RPS, In our previous meting with management, Mr Jain boasted of keeping himself updated on each thread...One may consider this as a coincidence, but several times, after our group meetings or complaint filings, few of active members have all of sudden started to receive offer for their apartments.

Lets not fall in such traps.

[dheerajjain]

We had another consultation with lawyer and he has advised follow:

1. Register number of police complaints and FIRs against builder for cheating and fraud in local police station in Faridabad. FIRs should be large in number so that case becomes strong and goes to DCP level
2. File individual crimimal court cases against builder
3. Approach Consumer Court to put a stay on changes that have been done in violation of initial layout plan and ask for compensation with respect to delay in possession, parking charges etc.

Individual expense for following these steps will be around Rs 6000/-. Since, it will be individual complaints, people can directly pay to lawyer.

dheeraj.jain@myfaridabad.in

[dheerajjain]

Looks like people are not ready to file individual complaints since I received 0 replies.

We also took paid consultation on united Economic Offence Wing (EOW) and Consumer Court options that have already been explored. Lawyer explained.

a) Economic Offence Wing (EOW) option is very effective. Only thing is we have to describe collective fraud of at least 2 crores. So, that also looks very good option since individual fraud has already been estimated to be Rs 5 lakhs and if 40 people unite, that makes it. Only thing is people have to unite. Also, we will not have to go to Faridabad/Chandigarh for case hearings.

b) Lawyer informed that powers of Consumer Court have been enhanced and now, consumer court can also put stay on illegal schools, commercial establishments etc. Also, it can decide on delays in construction, selling of common area etc. Only thing is we want to present our petition in New Delhi so that we don't have to go to Faridabad/Chandigarh for case hearings. So, here also we can show the fraud of at least 1 crore and our purpose is solved.

So, I have explained both individual and collective options. Also, please note that lawyer is not our relative, we paid good amount of fees to lawyer and visited his chamber in Tis Hazari Courts 2 times by taking half day offs from our offices.

Also, requesting each one of 500 members in forum to contribute by means of posts/replies. Forum is only effective when people are participating. Just reading e-mails/posts/replies will NOT achieve anything.

dheeraj.jain@myfaridabad.in

[sendtomanish]

Hi Dheeraj,
Please count me for contribution.If there is any association a/c mail me details,send me details on mail to deposit online.
Also,can you please explore with lawyer on Competition Commission of India (CCI) too ?
-Manish

[abhimad]

Hi Dheeraj,
I have a flat in RPS Savana, and I am ready to unite with u to bring this fight to logical conclusion. God Speed.
Gautam

[Manish10574]

Hi Dheeraj,

Please tell me what do you need from me to get this going. I think this is going to benefit everyone in neharpar area. so everybody should contribute in one or the otherway.

regards,

Manish

[vineet]

Hi Dheeraj,

I am always in for a conumer case. Please sms me the lawyer's number to discuss and hand over the papers.

Regards,

Vineet
9958879997

[dheerajjain]

Answer to Queries raised:

1. I am representing residential society in Sector 89 in which I have bought my apartment for filing Consumer Court case against builder. Similarly, please represent your indiviudual societies since every society has different concerns for going to Consumer Court. But, we will co-ordinate and jointly go to Consumer Court.

2. I am NOT collecting any sort of funds.

[dheerajjain]

Vineet, before sending you the SMS of lawyer, first please decide within your residential society as to which path you people want to take since Lawyer will take bulk (say 20-30) individual complaints. May be you can create a new topic in appropriate forum for the same.