Ravi Karandeekar's Pune Real Estate Market News Blog: National Consumer Disputes Redressal Commission

Showing posts with label National Consumer Disputes Redressal Commission. Show all posts

Tuesday, August 2, 2016

Victims of Proposed N A Bungalow Plot Scams can recover their money!

How to file & win Consumer Court Case - without a lawyer - against Proposed N A Bungalow Plot Scamster and recover money with interest!

Yes! Even IT Engineers in Hinjewadi & Kharadi can file a case - without a lawyer - in consumer court & recover their money!!

Sounds impossible. Right?

But it's true.

Sumit, Vijay & their friend were as stupid as any IT Engineer in Pune.

Without doing any due diligence they 'invested' their 40 + lakhs in N. A. Bungalow Plot Scheme called Nine Jewels Prestige at Wadki on Hadapsar Saswad Road launched by Master Home Facilities Services - MHFS - a.k.a. Sumer Pratham.

The agreement of N A Bungalow Plot was registered.

But when the developer took some 4 months to handover their registered agreement they felt that something was fishy.

Eventually, they found out that the plot was not actually N A - as mentioned in the registered agreement.

Not only that!

It was not a plot at all.
Because the developer had not done any plotting.
The collector had not sanctioned the plotting scheme.

And they had paid the price of a N A Bungalow Plot for some piece of agricultural land - which existed only on the paper - not on planet earth.

How to file a consumer court case - without a lawyer:

There are around 50 stupid people who have invested in this so called scheme.
But only these three guys - Sumit, Vijay & their Friend - realized that their agreement was nothing but a piece of shit!

Rest of stupid investors are still hoping that someday what is there on the paper will take shape on earth. Miracles happens! You know?

Let us recover our money.
Three of them decided.
Of course, the developer refused.
Now, what?

There is something which is called - Consumer Protection Act, 1986. Under it - National Consumer Disputes Redressal Commission (NCDRC) is there in India. Which is popularly known as consumer court. They found out.

There are not only stupid investors and crooked scamsters in this world - there is a consumer court too - was nothing but Sakshatkar for the three.

They told about this Sakshatkar to other victims.
But victims were afraid of the scamster.
The scamster will get angry if we go to consumer court.
The scamster will scold us. May beat us.
Who knows? The scamster will punish us by not giving our plot.
Consumer court takes long time to deliver justice.
We do not have time to waste in court proceedings.
We do not know anything about the law.
Scamsters - particularly builders & developers - are beyond the reach of law.
The natural born stupid investors raised many objections about filing a case in the consumer court.

But Sumit, Vijay & their friend went ahead.
They filed a case in the consumer court.
Without a lawyer!
In the consumer court - they defended - represented - themselves.
They became their own lawyers.

Not only that!
They won the case against the developer!!
The consumer court - Pune District Forum of National Consumer Disputes Redressal Commission (NCDRC) - gave verdict in their favor.
They are going to get what they have paid to the developer + 9% interest on that moneys - from the date case was filed till they get their money back + compensation & case expenses.
Isn't this great?

It's not only great. It's simple too!
Anyone who can read, write means type and speak can file a case without a lawyer in consumer court and win.
Yes, even IT professionals! Even if he can not read, write means type & speak Marathi!! Along with Marathi consumer court proceedings are conducted in English too. (In fact, use of Marathi in consumer courts in Maharashtra is the recent phenomenon!)
Filing a case in the consumer court is not only simple - it is not at all time consuming.
What all you need is proper documents.
Follow the right formats - submit essential documents - pay nominal fees - submit your case.
If you made some mistake in your submission - don't worry - the staff at court will guide you.
Once your case is accepted - inform the accused by speed post and wait for the date of hearing.

These three guys - had three hearings - in 6 months - and received justice.
At every hearing they got a few minutes - from 5 to 10 minutes only - to presented their case.
On every court date - they took only half day leave at work.
Which their managers sanctioned proudly.
The atmosphere at the court was not at all tense. The judges were kind.

To keep in touch with the proceedings of court case - there is the ConfoNet - Internet based Case Monitoring System Computerization & Computer Networking of Consumer Forums in Country - which Sumit, Vijay & a friend - who is abroad - used it extensively. Plus Google is there to teach you about the consumer law.

In the above Marathi video interview
- Sumit & Vijay describe in detail - how they filed & won consumer court case - and claim that -

Information is not the problem.
Court is not the problem.
Problem is our attitude.
Our attitude generates the fear about scamster in our mind.
Our attitude generates the fear about court in our mind.
First we become a victim of the scamster.
And then the victim of our unhealthy attitude.

(That's why in Coaching Classes for Pune Flat Buyers on 7th July 2016 Dr. Vishwas Chavan is going teach - How to overcome fear of Pune builders! Join it today!!)

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Wednesday, February 26, 2014

What can property buyers do when builder delays project?

Flat Buyers Should Takeover the Delayed Project &
Complete It On Their Own - Mr. Kedar Vanjape:

Actually, I had gone to see Mr. Kedar Vanjape to know about his upcoming Nisarg Srishti - 110 Fully Sanctioned N A Bungalow Plots Project near Shirwal on Mumbai Bangalore Highway.

But instead of that I asked him, "Kedar saheb, what can property buyers do when builder delays project by a couple of years and may not be able to complete it - for a few more months?"

"Flat buyers should takeover the project & complete it on their own!," Mr. Kedar said.

"Is it possible?," I said.

"Yes. It's unique solution. But it's practical solution. It's simple solution," Mr. Kedar said.

"You say as if it's easy!," I said.

"Yes. It's easy. See, in real estate business - constructing & completing project is an easy task - procuring land, designing right kind of a floor plan, getting sanctions & approvals are tough tasks, " Mr. Kedar said.

"Wait...wait let me video record you - what you say will save lives of thousands of families - they must hear you. Can I?," I said.

Mr. Kedar gave his consent and let me video record him.

Of course, Mr. Kedar Vanjape didn't know that he was talking to 3,000 flat buyers in 3 Hubtown Ltd projects - Ackruti Hubtown Countrywoods Kondhwa Pune, Ackruti Hubtown Greenwoods Thane, & Ackruti Hubtown Gardenia Mira Road.

Click to Read More

Saturday, February 22, 2014

32 Flat Buyers & Hubtown Countrywoods - David & Goliath

About Consumer Court Case Against Ackruti Jay Developers, Builders of Akruti - Ackruti - Hubtown Countrywoods Kondhwa Pune:

David and Goliath, a colour lithograph by Osmar Schindler (c. 1888)

1) Light at the End of the Tunnel:

PUNE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, PUNE

Last Saturday, Honorable V. P. Utpat, President, Pune District Consumer Disputes Redressal Commission, rejected Ackruti Jay Developers' application.

Referring to the clause in the flat agreement, Ackruti Jay Developers argued that not the consumer court but an arbitrator (appointed by the builder!) has a right to look into this matter.

The consumer court not only rejected the builder's argument but ordered Ackruti Jay Developers to pay Rs. 25,000 as a penalty to each of the 32 complainants.

Under section 12 of the Consumer Protection Act 1986, in 2012 / 2013, these 32 flat owners in Akruti - Ackruti - Hubtown Countrywoods had filed complaints against the builder Ackruti Jay Developers.

These 32 flat buyers are praying for -

1) Damages for mental pain & agony because of deficiency in service provided by the builder

2) EMI from the date mentioned in the agreement to the actual date of possession

3) Rent from the date mentioned in the agreement to the actual date of possession

4) Loss of Income Tax benefit because of the delay in getting possession of a flat

and have requested the court to direct the builder Ackruti Jay Developers -

1) Correct defects, shortcomings & lacunae in construction of flat & building

2) Complete all promised amenities - provide essential services

3) Get necessary completion & occupancy certificate

4) Form Co-Operative Housing Society

5) Execute deed of conveyance in favour of this Co-Operative Housing Society

Now, the final hearing is on 15th March 2014.

It means that, now, all these 32 flat buyers in Akruti - Ackruti - Hubtown Countrywoods can see the light at the end of the tunnel. Long tough times in their life would be over, soon. I told myself.

Though I don't know any of these 32 brave flat owners personally, for years, I was following Akruti - Ackruti - Hubtown Countrywoods on Indian Real Estate Forum, Facebook & CONFONET - Computerization & Computer Networking of Consumer Forums in County - (www.confonet.nic.in) (Case Number CC/12/588 to 594. CC/12/596 to 603. CC/13/25 - 26 - 27 & 29 to 39).

2) Visit Akruti - Ackruti - Hubtown Countrywoods Kondhwa Budruk Pune:

(To View More Photos - Put Your Cursor Over the Current Photo)

Eager to meet the brave 32 flat owners, last weekend, I visited Akruti - Ackruti - Hubtown Countrywoods off Katraj Kondhwa Road.

You know? I was not at all tense when I visited the site. I was sure that I was not going to face any embarrassing situation. I was not going to meet any flat buyer who would say - "Here comes Mr. Ravi Karandeekar whom I consulted before booking a flat at Hubtown Countrywoods."

However, in some cases, I hope that I would be proved wrong. Yes, I would love to face embarrassing situation. I am looking forward to meet a property buyer who would say - "Mr. Ravi Karandeekar, you were wrong about this project. I didn't listen to you & booked a flat in this project. Now, see for yourself. Entire project is complete - on schedule - as planned!"

Every night before going to bed, I pray - "God, please, prove me wrong about Xrbia Hinjewadi, KUL Nation, KUL Ecoloch, Sahara City Homes Pune, PRA Lake District, PRA East Avenue. Give the property buyers their flats for which they have put their life in danger!"

Point is - I never had a positive opinion about this project & it's builder. I always had doubts & serious concerns about Akruti - Ackruti - Hubtown Countrywoods and it's builder Akruti City / Ackruti City / Hubtown / Ackruti Jay Developers. I didn't have any proof. But my gut feelings were giving signals about an ugly tragedy.

Last weekend, when I visited Ackruti Hubtown Countywoods, it looked liked an abandoned town. There were no security guards. In the first cluster, a couple of cars were parked. Painters were giving second coat to these buildings. Children of construction workers were playing in landscaped garden of this cluster.

I roamed around the project. I visited the clubhouse. But I didn't feel like visiting the sales office in it. Painted buildings & clubhouse looked like a trap. Set to catch new, naive visiting flat buyer.

I visited a few buildings. Some complete and occupied buildings in the first cluster. Some almost ready for possession buildings in the second. Some RCC structures with brickwork and plaster.

I went up in the lift and visited a few flats in which internal work was going on. I climbed a few staircases and visited a few unfinished flats.

Yes, of course, there were a few workers on the site. In one cluster, construction of under ground water tank was in progress.

But, the work was not going on with the intention to complete the entire project. Construction was definitely not in 'full swing'. Like it was when Akruti - Ackruti - Hubtown Countywoods was launched in April 2009.

I felt that the builder Ackruti Jay Developers was only pretending to work. So that no one can say that the project is stalled. Like it was almost stalled in 2011 / 2012.

For a while, I stood looking at these half done RCC structures with brickwork & plaster. I don't know when I became one of those 32 property buyers who have gone to consumer court. Who have booked a flat in 2009 - 2010. Whose possession date in agreement was December 2010 or 2011.

Today, on 15th February 2014, when I became one of them and was looking at the half done deserted RCC structure with brickwork & plaster - I felt hope. Someday, in near future, I may get possession of my flat in that building. I told myself. I felt good. Then I looked around. And asked myself -

But what about the entire 15 acre Ackruti Hubtown Countrywoods of around 1,200 Flats in 35 buildings which was supposed to be ready for occupation in September 2010?

Would Ackruti Hubtown Countrywoods ever be complete?

Can Ackruti Jay Developers complete the construction of the entire Ackruti Hubtown Countrywoods?

Does Ackruti Jay Developers have capacity to complete the construction of the entire Ackruti Hubtown Countrywoods?

Does Ackruti Jay Developers have an intention to complete the construction of the entire Ackruti Hubtown Countrywoods?

If Ackruti Jay Developers had capacity & intention to complete Ackruti Hubtown Countywoods - they would not have given away the rest of 45 acre land to Kolte-Patil Developers.

Yes, the total size of the project was 60 acres.

Does it mean that by giving away rest of the land, the builder has already accepted his incompetence?

Who's talking?

Ravi Karandeekar or one of the 32 brave property buyers in Hubtown Countrywoods?

One who has guts to go to consumer court wont be so pessimistic.

Having a doubt about the intentions of the builder is not pessimism. It's being practical. Being realistic. I told myself.

If it is practical, then why doesn't State Bank of India or Indiabulls or any bank who has given home loan raise question about completion of Hubtown Countrywoods as per the date mentioned in the agreement?

Are you stupid?

If you are paying EMI regularly - why would a bank bother to open your agreement and see the date of possession?

But what would be the value of my agreement if there is no property?

Only nationalized banks bother about mortgage - about property. For example SBI.

SBI which has given ADF to Hubtown Countrywoods!

Why didn't SBI take any action against Hubtwon Countrywoods?

Is it because I am paying my EMI to State Bank of India?

Should I stop paying EMI - for not getting possession of my flat and - force SBI to take action against Ackruti Jay Developers?

I know why only 32 out of some 500 flat buyers went to consumer court.

But, I don't understand why nobody who has a stake in this transaction has raised any question about Hubtown Countrywood.

Not a single bank.

And yes, not even Government of Maharashtra.

Yes! Government of Maharashtra which has collected stamp duty, registration charges & VAT from me.

Why do we pay tax to the government?

Isn't it responsibility of Government of Maharashtra to see that the tax payer gets the possession of the flat?

It was a tax. Not 'hafta' to gali ka gunda!

Wondering from where these 32 flat buyers got strength to fight for their rights, I left Ackruti Hubtown Countrywoods Kondhwa.

3) Kingdom of Evil & Devil:

Akruti Countrywoods Katraj Kondhwa Road (25-4-09)

In April 2009, Akruti City Ltd. was not in a good financial condition. Akruti was excluded from futures & options (F & O) segment. From Rs. 1826.9 Akruti's stock had dropped to Rs. 999.45. To prevent further down fall, directors of Akruti had pledged their shares.

Crisil, leading rating agency, had noted that -

"Akruti’s aggressive development strategy is reflected in the fact that ongoing and planned projects are six times the size of its completed projects.

The company has been facing extended delays in ongoing projects.

The company’s liquidity has been adversely impacted by the overall slowdown in the sector, coupled with its aggressive development strategy and increased focus on commercial projects."

Akruti had a total debt of Rs 829.19 crore on its books as of March 31, 2008 and a debt equity ratio of 0.71. It had a negative cash flow of Rs 109 crore from operations as on March 31, 2008.

In this financial mess, you can understand why Akruti City Ltd. invented "Just Perfect Homes" - Compact budget flat - with all amenities - for the upwardly mobile urban family.

Because, urban middle class is the softest target & easy kill.

Because, budget homes - affordable housing - is the safest, quickest & respectable way to raise interest free funds.

(Remember? 'A Home for Rs. 100' in Raj Kapoor's 'Shree 420'!)

Ackruti Greenwoods in Thane. Ackruti Gardenia in Mira Road

. In 2009, along with Akruti Countrywoods Kondhwa, Akruti City Ltd. launched 2 more 'Just Perfect Homes' projects. Ackruti Greenwoods in Thane. Ackruti Gardenia in Mira Road.

Obviously, in 2009, all 'leading' & 'respectable' newspapers were publishing 'news-stories' - Overwhelming response to Ackruti's 'Just Perfect Homes'

Today, in 2014, 5 years after the launch, not even 100 property buyers are occupying their flats in Ackruti Hubtown Countywoods Kondhwa in Pune.

Today, in 2014, 5 years after the launch, out of 1000 not a single flat buyer in Ackruti Gardenia in Mira Road has got possession of his flat.

In this YouTube video, you can see their demonstration for possession and view a flat buyer threatening to commit suicide for possession.

Today, in 2014, 5 years after the launch, look what is happening at Ackruti Greenwoods in Thane -

Hi All,

First of all let me tell u all that I am new to this forum.

I am also a frustrated customer of Hubtown as I have also booked a flat in Thane Project "Hubtown Greenwoods" in the year 2009.

Even now, in 2014 50% work of the project is not completed. The builder is not giving us even a probable possession dates.

The only positive thing is that we, the flat owners are united in large numbers, well connected with each others.

Now we are left with no option but to file a case in consumer court at the earliest.

As i was reading this forum, i came to know that some of you have filed a case in consumer court against Hubtown.

Can anyone of you guide us on the procedures that you all follwed to file the case in consumer court and what problems did you came across.

This will help us a lot as lot of time will be saved.

You can write me on "shalio77thane@.com" .

Please reply guys as your valued suggestions will be very beneficial to us all.

Thanks and best regards...

What say you?

Is the delayed possession of all these 3 budget housing projects of Hubtown Ltd. a mere 'coincidence'?

Do you think that Hubtown Ltd. has any intention & ability to complete all these 3 projects?

Why are all banks who have given housing loans to flat buyers not bothered about completion of Hubtown Ltd's 3 projects?

Isn't it a duty of Government of Maharashtra - which collected stamp duty, registration charges & VAT from the flat buyers in these 3 projects - to help these flat buyers get possession?

Oh My God! How stupid am I to expect anything from Government of Maharashtra!!

I just went on talking about Akruti City Ltd - Hubtown Ltd. and forgot to tell you about "Jay" in Ackruti Jay Developers.

M/S Jay is non other than Jayant Shah, son of Hiralal Shah of Jairaj Group (www.jairajdevelopers.com).

You know who is Jayant Shah?

Jayant Shan is a close friend of Ashok Chavan, former Chief Minister of Maharashtra, who played important role in Adarsh Society scam.

In his deposition before Adarsh prob committee, Jayant Shah has told that his son Malav, who also owns a flat in Adarsh, has given unsecured interest free loans to Ashok Chavan's relatives to buy a flat in Adarsh.

That's not all!

Jayant Shah has done a lot for Ashok Chavan. Here is a small glimpse of Jayant Shah's role -

According to the sources, Chavan was so close to Shah that without Shah's approval Chavan would not sign any files.

Every time in-order to get our files cleared we had to first sit with Shah, said a city based developer.

According to the sources Shah used to negotiate with developers due to his closeness with Chavan.

We had to pay huge amounts to Shah, for getting our files cleared, said the city based developer.

We were shocked to receive his calls even after Chavan had resigned. He summoned us and told us to cough up money otherwise he would see that Chavan makes negative remarks on the files, so that even the new chief minister would not be able to clear our proposals, said the source.

Just because Shah, did not give clearance, Chavan would not clear files, as a result hundreds of files are lying on CM's table since long, said source.

According to sources, Shah, who is originally a rice vendor from Pune, played an important role in the posting of officials across various state departments particularly the MMRDA, Mhada, SRA, BMC and RTO.

Shah allegedly took huge sums of money from these officers on the pretext of giving them plum postings in these departments, as they are considered lucrative.

Shah had suggested and recommended postings in each and every department, a city-based developer alleged.

Yes. Now the picture is clear. Now, you know who is the enemy of these 32 brave flat buyers in Akruti - Ackruti - Hubtown Countrywoods Kondhwa.

What say you?

Aren't these 32 flat buyers really brave?

Isn't this fight between good & evil?

Wouldn't you like to support these 32 Aam Aadmis to win the consumer court case?

Please, share your views in the comments.

P. S.

One sec. Yes, fight is tough. But wining is possible. Why?

Because, Mr. Shashi Govind Gadakh, a flat owner in Ackruti Hubtown Countrywoods has already won against Ackruti Jay Developers and received compensation for delayed possession of flat. Have a look at this news published on 31st October 2013 in Sakal!

Shashi Govind Gadakh, a flat owner in Ackruti Hubtown Countrywoods has already won against Ackruti Jay Developers

Updates:

1) What can 3,000 flat buyers of Ackruti Hubtown do?