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

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