Poll : Legal Action against Builder ... Takers ??

[s1joshi]

@ Sanchay : Thanks for your reply and support

@Sanjeev : I have the name and address of the lawyer, but I do not have her phone number, The address doesn't seem complete, We would probably need to get in touch with Mr Dhawan.
I have mailed you the address of Silver Oaks contact points in a separate email.

Regards
Seema

[webmaster]

I have moved the poll to the homepage to allow user tracking. Members who have already voted, request you to re-vote again and apologize for the inconvenience.

Please vote here,

How much money you would be willing to pay to initiate a legal action?

(You need to login to the homepage www.myfaridabad.in to be able to vote)

[anuj_bansal]

I am in for legal case and ready to contribute the money as well. I think before hiring the lawyer and filing the case we should first get the association registered and secondly wait for the RTI response to know which all clauses can be used to file the case. Meanwhile ground work can be done in parallel.

BTW, Are we sure that we can register the association without the approval from the builder. RWA is generally formed after the possession and the builder has to transfer the entire maintenance money collected to the association.

Anuj

[tbkarmakar]

Hi All,

I am following this forum for last couple of months as an silent participant. I have a booking in SAVANA - Purple Hazel. Since I am currently in US, I am unable to contribute physically against the great initiative that you all have taken. Please suggest how can I contribute virtually. I read in other mail threads that a common bank account is going to be created under the proposed Association. I would like to contribute to raise the fund for the on-going expenses. Please guide me on how can I be an active contributor and provide my little support to you all of you.

Regards
Tanay Karmakar

[anuj_bansal]

A suggestion about the money collection. The case is being fought for about 2200 flat owners (total flats) and only some people will contribute now. To encourage more collection we can keep an account of all the money generated and refund it to each once the possession is given and the maintainance money is transferred to the RWA. The case is being fought for all the people and will help everyone, so contribution should also be done by all. I dont think anyone should have any issue with the refund being done when the RWA will have a huge corpus.

Anuj

[dheerajjain]

Anuj, very valid point. In our group also, we have decided the same !

Keep an account and later request all flat owners to contribute equally. Then, money can be refunded back.

We are NOT making Apartment Owners Association as we are not yet owners. We are making welfare association.

[ankuragarwal1982]

I agree with Azfar..legal action can only delay the matters! It should be the last resort. I saw lots of action in forum regarding publishing some articles in leading newspapers about the issue but couldn't see any result. I think we should focus on pressurising RPS instead of having a war with them! As it happens in IT..for getting the work done..you cannot fight! only option is ESCALATION...that's the key word.
Just want to know the reply of complaints which we have filed against RPS and media publicity.

[s1joshi]

Hi Ankur/Afar

Appreciate your feedback,

We have had enough meetings, emails, phone calls with RPS management, As you rightly pointed out, now is the time for escalation, and escalation to authorities who are above RPS.

None of us have time to be in war with a builder, We all purchased the flat to live there and not to fight a battle. This is something forced upon to us by builder.

In reference to media attention,There was an article published in newspaper sometime back highlighting the issues, My personal take is Savana is not Common Wealth Games, or a primetime sensational issue, which media will continue to run for months, we can have one of two articles published, which would facilitate awareness, but I do not expect much action to happen out of it.

However opinions may differ, and if you think this is the way forward, I would request you to come forward and take a lead in this direction. Please note that we all are part of this community and equally responsible.

[s1joshi]

@ tbkarmakar

Thanks for your kind support, We are in process of setting the bank account and might be needing contribution from members near future. The details will be shared later stage.

Beside monetarily aspects, we need people like you who can help us, To begin with there are several things you can help us sitting remotely -

- RPS is not a unique fraudulent case, there are large number of builders doing such activity, and neither are we the only people pursuing such matter with the builder,
We got to know about Silver Oaks Gurgaon, and another case in Maharashtra by internet, We need to find out more such cases, and get the contact details of the people involved, so that we can get in touch with them.

- There are large number of social collaboration communities registered on internet, We need to make our presence visible to them. We have got a lot of insight from Piyush Heights, There are large number of builders in Neharpar, and we are going to need mass support while we raise matter of infrastructure development in our subsequent leg.

Just a 2 liner note on who we are, what we are trying to achieve along with a link to our website, would help spread the word

If you or other people who would like to contribute can spare 2 hours per week on a sustained basis for next 2 months, this can help us build a body of knowledge to enable us take informed decisions, None of these areas requires physical presence and can be done over net.

Thoughts !!!

[webmaster]

Members who thinks that we should try the highlight the issue to media before taking any legal option, that’s a very valid and logical thought. However please understand that contacting media not as easy as it sounds and media will not publish any article against any builder on the basis of feedback of a few disgruntled investors. We have been trying for months to get media attention but have been unsuccessful with our limited resources. We can get media support only if they sense the story is big and has potential of generating viewership. The issues that we are having with RPS Group or Piyush Group are common occurrences that every builder does and is nothing new to the media.

RPS as of now is dragging its feet on the project and taking their own sweet time to complete the project, keeping their interest and funds on mind and not the customers. They are not bothered if a couple of members shoot them emails, call them or gather for a meeting. They have engaged Rajesh Jain to ward off these petty issues, and they’ll recite the buyer agreement to us quoting this, that and everything is as per the agreement that we signed.

Taking the legal option does not mean that we’ll straightaway drag them to court and they’ll stop construction. We will need to bind them legally to make them respond to our queries, be it allowing site visits or speed up construction. We might have to issue notices before filing a legal case, though I am totally inexperienced in this matter. We need to make RPS Group accountable and answerable to us because we do not want to hear the same story that they have been feeding us since the last 4 years.

This is an open forum and we are not trying to force our judgment or opinion on anyone, everyone is free to speak out for themselves.

We can either choose to read the responses of this forum and ignore because it doesn't matter if the apartment comes up in 1 year or 5 years, or we can decide to do our bit.

[Sudhanshu]

Count me in for legal action.
I can contribute 5000/- initially.

Regards
Sudhanshu

[ankuragarwal1982]

As far as I believe, sending notice = going to court. Also, I think, we do not wish to file a case for binding them legally to respond to our queries and another for allowing site visits and another for speeding up construction. If at all we have to file a case, it should be a case of fraud against RPS, nothing less than that. So, before that, I think we should file a complaint with CREDAI and get their response. If that doesn't serve any purpose then we should go to Consumer court which is the best place for such cases where public interest is involved and cases of cheating and fraud are addressed in a speedy manner without a mandatory involvment of laywers. Neeedless to mention that the expressed views are only personal. Following is a page from CREDAI site, which gives e-mails and phone nos of top management. Contacting them may be useful.

http://www.credaincr.org/governingcboard.php

[ssinha18]

Dear Mr. Sudhanshu,

We appreciate your participation. Please log on to www.myfaridabad.in and vote so that your participation and
contribution is registered.

Thanks,
SK Sinha.

[ankuragarwal1982]

One more link which may be useful -
http://www.consumercourt.in/flats/7840- ... -flat.html

[ankuragarwal1982]

Apart from suggestions , I can contribute Rs. 2000 for the legal action, to begin with. please let me know the account details.