Re: [HumJanenge] Request to for guidance in legal issue

Very correct.

What I thought was:

If a state govt. development authority- Bangalore Development Authority in my case- has approved the project then there must be some terms and conditions which would had been set during the approval grant. I am sure none of these builders would have followed these guildelines, and we can file RTI to know where the builders did not fulfil the requirements.  -1

 

Once we come to know anthing that is not honored by the builder, we can write a suitable letter to that authority asking them to take swift action. -2

 

And then it becomes a case under RTI-2005 as to why the development authority did not acted in the civil interest.--3

 

If if nothing happens in the above process, we will accumulate lot of facts which would help us fighting a legal battle strongly

 

Any advises ?

 

--Abhinav

 

 

On Sun, Dec 5, 2010 at 10:14 PM, Kamal Shah <kshah623@yahoo.co.in> wrote:

I would suggest all.   For all complaints , immediately file an RTI applcn .Try to cross examine the PIO of any government dept rather be a police or a building dept .Their reply to RTI  is like a confession. Cross examine the builders terms and conditions with the building dept . If I can get  little more detail , I would like to share my side of the knowledge .     Use RTI effectively and approach a good lawyer !!!!!!!!. I know, there are only 5 good of 100 . If you require a honest criminal lawyer ( bit expensive , but one can negotiate depending on the case ). One of my friend was stuck in a redevelopment project. The builder managed to get signatures of 95 percent tenants. But becuase of one proper legal suit by my friend , the builder bowed down after 8 months as he was facing a huge financial crunch . Every person has to be tackled into a different way .It depends only your will to sacrifice to achieve your right.   Regards,   Kamal   --- On Sun, 5/12/10, Victor Cooper <victor99cooper@yahoo.com> wrote: From: Victor Cooper <victor99cooper@yahoo.com> Subject: Re: [HumJanenge] Request to for guidance in legal issue To: humjanenge@googlegroups.com Date: Sunday, 5 December, 2010, 9:51 PM Dear Mr. Gulati: Thank you for responding. Economic wing as opposed to a regular police station?  Please elaborate a bit. Regards, Victor --- On Sun, 12/5/10, Atul Gulati <atulgulatir@yahoo.co.in> wrote: From: Atul Gulati <atulgulatir@yahoo.co.in> Subject: Re: [HumJanenge] Request to for guidance in legal issue To: humjanenge@googlegroups.com Date: Sunday, December 5, 2010, 4:53 AM Please file a criminal complaint with Economic offence wing, Crime branch and it would not affect your case filed consumer court as that one to secure civil part and this one would cover the criminality committed by the builder.     atul gulati --- On Sun, 5/12/10, Abhinav <a.h.agarwal@gmail.com> wrote: From: Abhinav <a.h.agarwal@gmail.com> Subject: Re: [HumJanenge] Request to for guidance in legal issue To: "Victor Cooper" <victor99cooper@yahoo.com> Cc: "acb" <acb_india@yahoogroups.com>, "LK Advani" <advanilk@sansad.nic.in>, "Asian Age" <editor@asianage.com>, "Mani Shankar Aiyar" <msaiyar@hotmail.com>, "Goa Bachao" <goabachaoabhiyan@gmail.com>, "Vikas Bahuguna" <vikasbahuguna2005@gmail.com>, "World Bank" <enora@worldbank.org>, "Common Cause" <commoncauseindia@gmail.com>, "Supreme Court" <supremecourt@nic.in>, "Cybugle" <thecybugle@yahoogroups.com>, "eGovINDIA" <eGovINDIA@yahoogroups.com>, "Frontline" <frontline@thehindu.co.in>, "Sonia Gandhi" <soniagandhi@sansad.nic.in>, "goarti" <goarti@yahoogroups.com>, "Herald" <mail@herald-goa.com>, "Humjanenge" <humjanenge@googlegroups.com>, "IHRO" <IHRO@yahoogroups.com>, "Transparency India" <tiindia.newdelhi@gmail.com>, "Times of India" <toi.goa@timesgroup.com>, "Issues" <issuesonline_worldwide@yahoogroups.com>, "Presm Jha" <premjha@airtelmail.in>, "denson joseph" <densonj76@yahoo.co.in>, "Karmayog" <infor@karmayog.org>, "RD Khalap" <rdkhalap@rediffmail.com>, "Veerappa Moily" <vmoily@kar.nic.in>, "Narayan Murthy" <nmurthy@infosys.com>, "Jago Party" <jagoparty@jago.in>, "PM" <pmindia@pmindia.nic.in>, "President" <presidentofindia@rb.nic.in>, PWAP@yahoogroups.com, "rti4" <rti4ngo@yahoogroups.com>, "Kapil Sibal" <kapilsibal@hotmail.com>, "Manmohan Singh" <manmohan@sansad.nic.in>, "Business Standard" <niraj.bhatt@bsmail.in>, "Tehelka" <editor@tehelka.com>, "Navhind Times" <lpost@navhindtimes.com>, "Gomantak Times" <gteditor@gmail.com>, "voiceofindia" <voiceofindiagroup@yahoogroups.com>, "Voicesforfreedom" <voicesforfreedom@voicesforfreedom.org>, "VP" <vpindia@sansad.nic.in>, "Janshakti yahoogroups" <Janshakti@yahoogroups.com>, "Humanrightsactivist Yahoogroups" <humanrightsactivist@yahoogroups.com> Date: Sunday, 5 December, 2010, 1:22 PM In my case builder's fault are flagrantly visible. As I have been cornering him for past 6 months. I have a copy of the judgement from Bangalore consumer court where in for the same builder, and apartment complex court has granted minor relief to the customer. The customer then approached the higher court and was granted full relief from the builder. Even I have decided, to pursue this, however long it may take. --Abhinav On Sun, Dec 5, 2010 at 1:11 PM, Victor Cooper <victor99cooper@yahoo.com> wrote: Yes, the judicial system is seriously problematic for the average citizen.  As there is no audio-video recording of the proceedings, I found the judges play havoc with their  notings in the roznama and other tricks to favour this or that party. They even refuse to take applications on record! So, to partly cover for this, I have been sending through registered post, but even this fails at times!  Presently, despite vehment representations by my advocate, I am denied my right to rebuttal by the clever noting in the roznama as "for clarifications".  The new President says the clarifications are meant for him to seek, if necessary!!?? I am investigating if I could sue the "judge" and bring her to justice.  But all the lawyers are scared (so I guess one should be too?). The other problem is that the courts are measly, to the point of being hilarious and/or bringing tears of anger, in their "awards".  What does one say to costs of Rs. 1000 or 5000 for a three or five year battle that actually cost maybe 1 lac?  Does not that actually reward the wrongdoer?  What about awards of Rs. 10,000 for mental harassment over 3 maybe five years, that ruined your and your family's life?  Even a puppy costs Rs. 1 or even 3 lacs today. But, I hope you have obtained "expert opinion" and placed same on record?  And dont forget to cross-examine the builder.  And, if you are fighting the case yourself, you will be handicapped on account of limited knowledge of law and proccedures. Therefore, keep Order dated 9th July, 2007 by National Commission in Mrs. Veena Khanna v. Ansal Properties Ltd. (and similar otheres) as your defence line. Regards, Victor --- On Sat, 12/4/10, Abhinav <a.h.agarwal@gmail.com> wrote: From: Abhinav <a.h.agarwal@gmail.com> Subject: Re: [HumJanenge] Request to for guidance in legal issue To: "Victor Cooper" <victor99cooper@yahoo.com> Date: Saturday, December 4, 2010, 11:12 PM I am also facing a trouble with a Bangalore based builder and soon would move to State Consumer Commission. I got to know that your success depends on the advocate you select. The advocate has some understanding with the judicial officer and gets the judgement in your favor. --Abhinav On Sun, Dec 5, 2010 at 12:29 PM, Victor Cooper <victor99cooper@yahoo.com> wrote: Hello Abhinav: I am already before the State Consumer Commission since 3 years.  But the builder is very powerful industrialist, and not helpful. But thank you for taking time to write to me. Regards, Victor --- On Sat, 12/4/10, Abhinav <a.h.agarwal@gmail.com> wrote: From: Abhinav <a.h.agarwal@gmail.com> Subject: Re: [HumJanenge] Request to for guidance in legal issue To: victor99cooper@yahoo.com Date: Saturday, December 4, 2010, 9:53 PM Move to consumer forum, and pray for return of your money along with penal interest. Start the process immediately. Chances are that builder will try to settle the case outside court. --Abhinav On Sun, Dec 5, 2010 at 5:03 AM, Victor Cooper <victor99cooper@yahoo.com> wrote: I purchased a flat 3 years ago. 1.  The builder, a private ltd. company, fails-refuses to execute sale deed under this or that excuse. The representation-sale was done by its Marketing manager, so there is a case against him. But do I have a cheating case ... against the Managing Director also? 2.  The builder was obligated to obtain NOC from navy prior to construction, but failed to do so.  Moreover, the builder made false representation in the Agreement to Sell that they had obtained such NOC. What law covers the aviation sector and this NOC? 3.  Is is better to first file a complaint with police or directly with the court? Thanks, Regards, Victor