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

[webmaster]

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[s1joshi]

Hello Everyone

It is quite disheartening to observe that out of near 425 people not even 4% of people have registered their choice.

I would like to address few concerns people may have -

1. As many of you have pointed out, this is a call for action for a common cause and if pursued everyone is going to get benefited out of it. Hence whatever be the amount we would need to pitch in at this stage, Post possession, we can certainly request our respective RWA's to adjust this amount.
We require support of each one of you. You can be assured of the transparency of all accounts.

2 The actual collection would be starting at a later stage, We are in process of registering our society, Once the society is registered, a bank account will be opened in the name of society, All money will go to society's name and no transaction will happen on individual's name. There will be complete transparency in all accounting procedures.

3. In addition to working on legal aspects, There is a team working toward exploring all the cost effective channels for escalating this issue, We would probably need to have a group meeting sometime in coming weeks, The date and agenda for the same will be published soon.

4. Your vote is crucial for us for planning activities, We need to know the count of people interested in pursuing the cause. If you are willing to contribute, please register your vote with the appropriate option. Even if you have a different opinion and think this is not a right move, we would encourage you to register your vote. This is an open forum, and it is perfectly understandable that we have different views. Please register your choice.

This is our cause, and my humble request to all of you, Please register your choice, speak up if you have some concerns/objections.

Regards
Seema Joshi

[a22khan]

Thanks everyone for your efforts(can't mention your names individually). I am located outside India and can only help get started monetarily. Once you have a registered society and have a bank account to transfer funds, forward me the details. I can contribute 20k+. Have voted for same in home page already.

[a22khan]

For those who think of possession before actions : Please note - possession means you attest and confirm that everything the builder has provided is in accordance to buyers agreement.

Few day's before signing possession letter, builder will invite you to "walk through" the house to conduct a pre-occupancy inspection. Most of the time only interior's and your tower building is ready for inspection. The field(green area) and amenities etc. won't be finished yet. Anything that is not to your satisfaction will be noted on a pre-delivery inspection report. Minor items such as scratches and incomplete paint work will be rectified before your move-in day. Other items will be corrected after you are settled.

Once you sign the possession offer, you have almost no legal right to claim "what you got is not that you asked for", unless you mention the issues in pre-inspection report on very very legal language and very specific words(you can't say that builder has sold green area and you will not take possession before this is sorted out).

People like me will hire a private building inspector or engineer to conduct the inspection who will help put in the legal binding terms on inspection letter/offer letter so builder is bound to remdiate issues and satify me before and after I move in. I know this won't help in case we are talking now where builder has sold the green area for other purposes. Private inspector can only help with the quality of construction, not overall township project.

We need to support this group who is voluntarily agreed to take up this issues to next level without any real benefits from us. They have already put in lot of time and energy. I really appreciate how they are able to manage the nuisance of few managers they are talking to. This is just a begining, you will have lot of construction and quality related issues in near future. No one has checked construction quality yet.

I advise not to wait for possession, help this guys to fight for us. Ultimately what will happen? they will delay possessions !! Is that a big deal, we are already waiting since 2006 !!! another 6 months does not make much difference.

Those who invested just for profits after possession- wake up guys, no one will buy flats in this projects for atleast 3 years from now. Internet search gives all bad things about this projects first. You need to be invested for longer then you thought. If you want to increase your chances of better and early profits, help this guys and invest few more bucks.

[ankuragarwal1982]

Everyone is eagerly waiting for that 'pre-occupancy inspection'..if at all it will happen!! I don't mind taking an early possession and worrying about green area later, if that's an option! Also, as far as I know if there are any irregularities in construction then you can file a case even after possession...as it's impossible to know about every fault - water pipes, electric cable, lifts etc..instantly. Hence, I support anything which ensures faster completion of project but hesitant about methods which can add further delay to builder's proposed deadline..if there's anything like that.

[dheerajjain]

@Ankur, please read buyers agreement and law carefully. Once you have taken possession and signed an undertaking, you can't file a legal case against builder for construction related defects. You can only file complaints and then, you are again at mercy of builder to rectify those.

[s1joshi]

Hi Guys

The problems are far more bigger than we had originally envisioned.

Point 1 : Its been FOUR years, and there are towers for which even the roof slab casting has has not been completed,

Anyone having basics in the industry can point that the tower erection is the least time consuming job for builders and they usually do it fast because it gets them money. We have got opinion from people who have expertise in the area, and it is clear that not even 30 % of work has been completed by RPS in FOUR YEARS.

Few of our members have also been speaking to other projects RPS is working or has worked on in past, and based on our insider sources, RPS has already invested all the money we paid for Savana in other projects and there is NO MONEY and NO CONSTRUCTION HAPPENING in Savana for over 1 -1.5 year. I am not trying to scare you off but these are the ground realities

So if we are hoping of getting possession of the apartment we paid for, we should think in term of years than months, That too can only happen if we remain united.


Point 2 :

Let's try understand the money involved -
RPS has always maintained that have sold out all apartments, I had approached them in July 2007 and was told all 2200 apartments sold out for Savana Project, Even if think there are 50% flats actually sold, count is 1100

Based on the construction or down payment plan opted, each one of us have already paid minimum 20-25 Lakh to the builder and another 3-4 lakh to bank, so based on a rough estimate 25-30 lakh per apartment, mathematics says it is a matter of minimum hundreds of crores

25 Lakh * 1100 flat = 275 CRORE

Regarding the suggestion posted for consumer forum, There are multiple forums we are going to approach for our grievances for the deficiency of service rendered by the builders, National Consumer redressal NCDRC will be one of the agencies we would possibly approach, along with other agencies we are trying to pursue our cause. District or state commission will not help, as the case is beyond their jurisdiction.

District Consumer Forum handles cases of value of upto Rupees twenty lakh, State Commission for value upto Rupees one crore and the National Commission for value above Rupees one crore, in respect of defects in goods and or deficiency in service.

We paid for a LUXURY APARTMENTS, Currently there is neither LUXURY nor an APARTMENT in picture near future.

If I go as an individual and argue with builder for my 30 Lakh, he may not listen, and probably none else may pay attention, But if remain united in our fight, there are much bigger hopes of getting possession of flat and the amenities we paid for.

So guys please be serious about it, Majority of us are middle class people and its no small amount for us.

Wake UP before its too late.

[ankuragarwal1982]

Not sure about that but I am sure none can find out if the building is earthqake resistant till it strikes. So, every thing can't be confirmed before possession. Also, sure about that there are many cases where buildings/flyovers have developed cracks after 2-3 years of completion and builder had to pay back or get it fixed...one such case was suncity noida. Never mind..only point is everything can be done if you have something in your hand..and currently we neither have money nor house...total loss....anyways I support everything which can fasten the process.

[ddamitav]

@ Ankur

Do you think RPS will ever able to deliver the Project!!! The answer is no because they do not have expertise to handle such a Big Project.......... Do you know idealy what is the time line between completion of Last floor roof casting and Completion of internal Plaster? Ideally It sld be 3 MONTHS........ as these can run parallel......

For T-7 RPS the last floor roof casting was completed in Dec 2009 and till date only 9 th Floor Internal Plaster only completed...... I have been following up with RPS since June 2010 and From June 2010 to October 2010 they have completed internal Plaster from 6th floor to 10th floor.........

If the pace will be like this then the internal Plaster will complete some time in Nov 2011....... and again flooring and all other stuff needs to be complete.

When Spoke to Rajesh Jain he said that Contractor will give a new Time line................ and I told him Sir this is the first time in history I heard that vendor is giving a time line........... where as in principle contractor needs to work on the timeline set by the Company.........

SO GOD BLESS RPS...............

[ddamitav]

Hi,

NCDRC is nothing but an association created by Bunch of Builders and I think there is no point in complaining to them as they always favour RPS... see the site and find out who are the office berear of the Organization???

[ankuragarwal1982]

@Amit..I think you may want to check the website again...it sounds a very good forum to me.

" The National Commission was constituted in the year 1988. It is headed by a sitting or retired Judge of the Supreme Court of India. The National Commission is presently headed by Hon’ble Mr. Justice Ashok Bhan, former Judge of the Supreme Court of India as President and has nine Members, viz. Hon’ble Mr. Justice K. S. Gupta, Hon’ble Mr. Anupam Dasgupta, Hon’ble Mr. S. K. Naik, Hon’ble Justice R.C. Jain, Hon’ble Justice R.K. Batta, Hon’ble Mr. Justice B.N.P. Singh, Hon'ble Mrs. Vineeta Rai, Hon'ble Mr. Vinay Kumar & Hon'ble Mr. Suresh Chandra.

The Central Council is headed by Minster, In-charge of the Department of Consumer Affairs in the Central Government and the State Councils by the Minister In-charge of the Consumer Affairs in the State Governments. It also provides for a 3-tier structure of the National and State Commissions and District Forums for speedy resolution of consumer disputes."

[ankuragarwal1982]

@Amit..had we known the answer...we would have never invested in this project but since we are trapped now, we should find a way out. It is definetly not the ideal condition...we all know that...so, now we have to constantly remind them of their commitment..either politely thru talks and media or thru legal notices.

[rachit]

Hi. Let me put down my two cents, this is not advice of any sort, and I am not advocating anything to anyone.
Based on my experiences with Triveni, the first and foremost step is to file a complaint with EOW. If you guys are united enough to be able to gather 150 or 200 people, I can bet you the FIR will be filed, and the case will be put up in the Delhi HC by EOW. In our case, due to whatever reasoning, hon’ble court awarded that Triveni pay back 80% of the monies collected from us. The first installment (vide a pay order issued by Delhi HC – so no BOUNCING of cheque) of 25% of this 80% has already been received. For remainder 20%, the hon’ble court advised us to approach Delhi Consumer Court (http://delhistatecommission.nic.in/) to request for this 20% plus penal interest of 18% plus harassment and agony charges plus litigation fees. That has also been filed, but it will take 1 to 1.5 years (due to backlog).
Stop debating the pros and cons. Our newsgroup did that for 1 to 2 years. Builder enjoyed, tried to break unity by offering lollipops to some members. Like I said, you will keep on debating till the sun goes down and the cows come back home, and nothing will change or happen. Take your money back, still nothing is lost, there is enough new supply of flats in NCR – Greater Noida (Noida Extension), Raj Nagar Ext., etc. etc.
Rest is up to you guys…..it’s your money after all.

[ankuragarwal1982]

I have just had a talk with RPS customer care rep..Jia. She told me that the final possession will be given in Oct 2011 and accepted that a delay has been done on part of the contractors because of which this timeline has been extended. She also told me about the possibility of tower by tower possession starting from mid next year basd on the completion status. A letter regarding possession date and delay reason will be dispatched next week. So, lets see what they come up with !

[anuj_bansal]

So a new date to fool around has come up. And its a pretty good jump in timeline from December 2010 to October 2011. Does anyone in this group believe that RPS can give the delivery of all 27 towers in such a short time frame. Its all bullshit to pacify us and I am sure by the mid of next year they will have a new timeline.

Even the big builders like DLF do not build such a huge apartment in one go. Just to gather huge money from buyers, RPS promises to deliver the whole apartment in one shot, which is not possible. Going by the pace of construction if they give even the possession of 8 towers by next year end, it would be a miracle.

Contractors are hired by RPS and looks like RPS is not even giving the money to them, else why would they delay the construction. They will only get the money when they construct, else RPS guys wont give them a penny.

The only reason of delay I can believe is that RPS is using the money collected from Savana in some other projects or the sale of flats in Savana itself has been pretty low. Cant believe their words that its a sold out apartment.