Join us on Facebook
Become a GFWA member

Site Announcements

Invitation to RPS SAVANA Allottees to join Case in NCDRC against RPS Infrastructures Ltd


Have you submitted a rating and reviewed your project?
Rate & Review your project now! Submit your project and review.
Read Reviews! Share your feedback!


** Enhanced EDC Stayed by High Court **

Forum email notifications...Please read !
Carpool from Greater Faridabad to Noida
Carpool from Greater Faridabad to GGN


Advertise with us

Discussion with Lawyer

Like and Share the story
Discuss, get the latest news and developments in the Greater Faridabad region

Discussion with Lawyer

Postby dheerajjain » Tue Jan 18, 2011 8:45 am

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.
User avatar
dheerajjain
GFWA Member
GFWA Member
 
Posts: 2010
Images: 0
Joined: Mon Mar 15, 2010 4:55 pm
Location: Delhi

Re: Discussion with Lawyer

Postby sendtomanish » Tue Jan 18, 2011 8:55 am

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
User avatar
sendtomanish
Senior Member
Senior Member
 
Posts: 356
Joined: Mon Dec 13, 2010 10:30 am

Re: Discussion with Lawyer

Postby dheerajjain » Tue Jan 18, 2011 9:15 am

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
User avatar
dheerajjain
GFWA Member
GFWA Member
 
Posts: 2010
Images: 0
Joined: Mon Mar 15, 2010 4:55 pm
Location: Delhi

Re: Discussion with Lawyer

Postby freemind76 » Tue Jan 18, 2011 3:16 pm

Hi Dheeraj,

I am ready to unite behind you.
User avatar
freemind76
GFWA Member
GFWA Member
 
Posts: 53
Joined: Thu Dec 30, 2010 6:29 pm

Re: Discussion with Lawyer

Postby dheerajjain » Tue Jan 18, 2011 5:53 pm

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
User avatar
dheerajjain
GFWA Member
GFWA Member
 
Posts: 2010
Images: 0
Joined: Mon Mar 15, 2010 4:55 pm
Location: Delhi

Re: Discussion with Lawyer

Postby freemind76 » Tue Jan 18, 2011 6:57 pm

Are you hinting that it is the Builders(or his snoopies) who might have read this post and tried to play this tactics?
User avatar
freemind76
GFWA Member
GFWA Member
 
Posts: 53
Joined: Thu Dec 30, 2010 6:29 pm

Re: Discussion with Lawyer

Postby s1joshi » Tue Jan 18, 2011 10:09 pm

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.
User avatar
s1joshi
GFWA Member
GFWA Member
 
Posts: 629
Joined: Sat May 16, 2009 2:43 pm
Location: Delhi

Re: Discussion with Lawyer

Postby dheerajjain » Thu Jan 20, 2011 10:41 pm

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
User avatar
dheerajjain
GFWA Member
GFWA Member
 
Posts: 2010
Images: 0
Joined: Mon Mar 15, 2010 4:55 pm
Location: Delhi

Re: Discussion with Lawyer - EOW and National Consumer Court

Postby dheerajjain » Fri Jan 21, 2011 10:35 pm

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
User avatar
dheerajjain
GFWA Member
GFWA Member
 
Posts: 2010
Images: 0
Joined: Mon Mar 15, 2010 4:55 pm
Location: Delhi

Re: Discussion with Lawyer

Postby sendtomanish » Sat Jan 22, 2011 9:42 am

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
User avatar
sendtomanish
Senior Member
Senior Member
 
Posts: 356
Joined: Mon Dec 13, 2010 10:30 am

Re: Discussion with Lawyer

Postby abhimad » Sat Jan 22, 2011 11:19 am

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
User avatar
abhimad
GFWA Member
GFWA Member
 
Posts: 70
Joined: Sun Sep 05, 2010 6:53 pm

Re: Discussion with Lawyer

Postby Manish10574 » Sat Jan 22, 2011 11:51 am

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
User avatar
Manish10574
GFWA Member
GFWA Member
 
Posts: 69
Joined: Sun Jan 02, 2011 12:06 pm
Location: Dubai
Location: Dubai

Re: Discussion with Lawyer

Postby vineet » Sat Jan 22, 2011 4:02 pm

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
User avatar
vineet
GFWA Member
GFWA Member
 
Posts: 162
Joined: Thu Jul 15, 2010 7:29 pm
Location: Faridabad

Re: Discussion with Lawyer

Postby dheerajjain » Sat Jan 22, 2011 7:41 pm

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.
User avatar
dheerajjain
GFWA Member
GFWA Member
 
Posts: 2010
Images: 0
Joined: Mon Mar 15, 2010 4:55 pm
Location: Delhi

Re: Discussion with Lawyer

Postby dheerajjain » Sat Jan 22, 2011 7:57 pm

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.
User avatar
dheerajjain
GFWA Member
GFWA Member
 
Posts: 2010
Images: 0
Joined: Mon Mar 15, 2010 4:55 pm
Location: Delhi

Next

Return to Greater Faridabad News & Development

 


  • Related topics
    Replies
    Views
    Last post

Who is online

Users browsing this forum: No registered users and 1 guest

cron