LEGAL CASE AGAINST DDA

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Archit

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Oct 14, 2012, 2:47:40 PM10/14/12
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Hello Everyone
I and Mr. Pramod have filed our cases against DDA in High Court. Our
lawyer is Saurabh Jain who is also allottee like us. He charging
Rs.20000/- each plus Rs. 5000 each for court expenses for entire case
in High Court.

I appeal to all to come and join with us so that we create pressure on
DDA and also make them pay interest to us for the delay on our money
and speedup the process and stop unfair and illegal activities
happening to us.

For further details, you can contact us :

Archit -             9811709007      
Pramod GK -             9871142433      
and Saurabh Jain (adovcate) -             9560841894      

Thanks
Archit

Manu Mewari

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Oct 14, 2012, 11:09:57 PM10/14/12
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hi archit,

have you got possession letter of your flat or you filed the case
before getting it?
--
Manu Mewari
Team Lead (Java,J2EE)
LinkEdge Software Solutions
Gurgaon, India
HeadOffice : USA , ChatsWorth
Message has been deleted

Manoj

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Oct 15, 2012, 2:06:53 AM10/15/12
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Absolutely agree........consumer court is best option.


On Monday, October 15, 2012 11:26:32 AM UTC+5:30, G wrote:
i will do the same at consumer court..
 i am sure it will not cost me this much.

my dear friend 25k each...do the calculations 15000 allotments
i am sure we can book harish salve or ram jethmalani collectively...

Maneesh K

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Oct 15, 2012, 2:20:54 AM10/15/12
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Dear Archit,

Thanks for sharing this useful information. I think it is a step in the right direction.

I think you have already got the possession of your HIG flat in VK, by giving the affidavits for water and electricity. Will it still be possible to fight for interest due to delayed possession? Also, share how can other group members like me can be part of this case? Having more members should reduce the cost for everyone; any information on this will be useful too. 

Regards,
Maneesh

rakesh kumar

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Oct 15, 2012, 2:43:10 AM10/15/12
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Seems some clerkical mistakes here...

Archit

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Oct 15, 2012, 3:03:04 AM10/15/12
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Dear  Friends ,

First of all we all know that all 15000 allottees not going tocase against DDA, So we should try and get as many people as possible and file our case as  interest and relief will only be given to people who file their case.

Secondly  case in consumer shown to mislead us, not our allotment of 2010 and for some previous allotment and will take more time than High Court .

Thirdly , i have spoken to many lawyers ,  but choose   this lawyer as he  is also one of allotee with us so he will also be interested in finishing the case fast and get his allotment .Yes, I have already got my possession , but  Mr. Pramod has not got his possession and we are still fighting together as DDA  . It does not matter if we get possession or not .. we can still fight for interest .And Mr, Maneesh ,I agree with you .. If we get more people we can force the lawyer to reduce the fee and also put pressure on DDA and get our allotment.

You can Contact Me,Mr Pramod or Advocate Jain .

Thank you for your support.. Please come forward and lets fight for our rights

rakesh kumar

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Oct 15, 2012, 3:58:26 AM10/15/12
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Lets put it this way.. 15000 alotees @25k each comes to 37.5 crores.. It cant be lawyers fees.. And what if the court decides the judgement in favor of dda.. Correct me if i m wrong..

Naveen Kumar

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Oct 15, 2012, 4:05:29 AM10/15/12
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If we be realistic there will at max 5-10 allottes joining in this case.
--
Cheers
Naveen Kumar

Archit

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Oct 15, 2012, 4:06:53 AM10/15/12
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It seems Sirohi is from DDA. The Clerical Mistakes you mentioned is itself spelled wrong. And Sirohi ,,, lets leave the lawyer aside ; give me one good reason why we should not fight for our rights ???? Its only because of  people like you that common man is been exploited by the rich and powerful organisations and leading to corruption.

rakesh kumar

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Oct 15, 2012, 6:43:36 AM10/15/12
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I think u might b an vk hig alotee who is ready to pay 25k individually.. But sorry my frnd i m not rdy.. I never said i m agnst filling case but i m not suspected ur ideas. ... of paying 25 k per head.. Also if i was from dda then i would have happily given u 25 k in one go as such i would have earned that much in dda... Pls see how many people respond to ur idea of paying 25k and then think accordingly..

Message has been deleted

siddharth shekhar

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Oct 15, 2012, 10:45:23 AM10/15/12
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Give 25k in DDA as bribe and see the wonders happen.It will be faster than courts.

On Mon, Oct 15, 2012 at 6:28 PM, G <meraemai...@gmail.com> wrote:
25000...... kiss my a$$

I did better go to consumer court...
Yet to see anyone screwing a builder in court ... I mean the decisions
coming early.. Its takes ages and what is the guarantee he will not
ask for more money later.....
It will take the same time and procedure at consumer court as compared
to high court.

Kiss my a$$

Maneesh K

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Oct 15, 2012, 11:15:13 AM10/15/12
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moderator, are you watching??

modi.jagdish

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Oct 15, 2012, 11:41:56 AM10/15/12
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I believe we should be more cautious in using words on this forum. 

We all are here to help each other , not to blame or questioning each other.

Customer court or high court , either ways ultimate motto should be take our possession as early as possible with the facilities. 

Hopefully we will understand this thing and avoid such conversations on this forum.

Thanks
Jagdish Modi
9818500731


Sent from my iPhone

siddharth shekhar

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Oct 15, 2012, 11:53:52 AM10/15/12
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With our collective effort we have come to across all odds and managed to cross each level with minimal difficulty.So in future also it would be great endeavour to help fellow members to get the possession as early as possible and avoid any conflicts.

Sandeep Kumar

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Oct 15, 2012, 12:53:19 PM10/15/12
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Hello Mr. G Rakesh,

You are quite an old member of this group and this kind of language is
absolutely not acceptable and will not be tolerated. Any such post
next time and I'll be forced to ban you without any consideration.

No one force anyone to agree with views of others, but everyone have
to respect views of other members of the group. I believe all members
would agree with this statement.

Regards
Sandeep

Archit

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Oct 15, 2012, 1:13:15 PM10/15/12
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Im very Happy that all members are discussing and eager to exercise their legal rights and not falling for bride and corruption . PLEASE REMEMBER IF WE BRIBE THEM NOW .. THEY WILL ASK FOR MORE MONEY FOR EVERY WORK THEY DO. The best plan should be that we should all collectively and individually asses our situations and act accordingly. I personally choose to consult Mr. JAIN as my lawyer as he is a fellow allottee an i trust him that he will not delay my case . He charged 25,000 as we were only two people and if more people come he will give big discount to all of us .

I hope every one in this forum understands that BRIBE IS NOT THE OPTION..IF WE BRIBE THEM TODAY WE WOULD HAVE TO BRIBE THEM FOR THE REST OF OUR LIVES IN ORDER TO GET WORK DONE.

Thanks


On Monday, October 15, 2012 12:17:40 AM UTC+5:30, Archit wrote:

Neerja Korey

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Oct 15, 2012, 1:13:15 PM10/15/12
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Let's maintain the decorum.

Sent from my iPhone

Savitri Singh

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Oct 15, 2012, 1:32:04 PM10/15/12
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Dear All,
 
Going to court good idea but it depend on case to case individual basis.
We worked hard to create pressure thru Media in Mkuherjee Nagar, Result was 4 Kaamchor  engg.  were suspended.
We are supposed to punish DDA thru Court.
 
Regds
 
Prem Sagar

gbp...@gmail.com

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Oct 15, 2012, 1:36:37 PM10/15/12
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I totally agree with Prem Sagar ji . The idea is to punish DDA so that they don't try to muscle common people like us .
Sent on my BlackBerry® from Vodafone

From: Savitri Singh <savitr...@gmail.com>
Date: Mon, 15 Oct 2012 23:02:04 +0530
Subject: Re: LEGAL CASE AGAINST DDA
Message has been deleted

AVINASH CHANDRA

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Oct 15, 2012, 7:26:40 PM10/15/12
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The case is same for all. The number of persons can be increased by reducing the charges. The basic case is actually same except for one / two points here and there. Even if 1000 persons join out of 16000 then also the amount will be huge. 

We should expect good returns or say 10% of the amount which we expect to get back from DDA as compensation.

In that case we can get lot of persons ready for filing the case against DDA

With best regards

Avinash Chandra

Sent from my iPhone 4S

rakesh kumar

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Oct 15, 2012, 10:22:17 PM10/15/12
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Sandeep.. Dont add my ne with Mr G.. These are two diff IDs..

On Oct 16, 2012 12:00 AM, "G" <meraemai...@gmail.com> wrote:
Thanks sandeep for making me realIze my mistake AGAIN.....
i did delete my message after few hrs of posting it.

SORRY ...
But still i can't digest the 25 grand thingy.....

Anyways will be following wait and watch policy..


rakesh kumar

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Oct 15, 2012, 10:25:51 PM10/15/12
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And i dont think i posted anything wrong if i opossed the idea of contributing 25k each....

Sandeep Kumar

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Oct 16, 2012, 12:08:25 AM10/16/12
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I'm not adding you with anyone. His name is Rakesh too, please read my
post again I said "Hello Mr. G Rakesh", it's one word only.

Regards

On Oct 16, 7:22 am, rakesh kumar <rakesh.kumar...@gmail.com> wrote:
> Sandeep.. Dont add my ne with Mr G.. These are two diff IDs..

Sandeep Kumar

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Oct 16, 2012, 12:43:32 AM10/16/12
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Buddy, it's not about I reminding anyone of his mistakes or anything.
It's just that we all have to understand that this world wide web is a
two way sword, which at one side provide all the information at your
fingertips, but at the other side what ever you post will remember
till eternity. Because you may end up deleting your original words but
by the time you do it many would have already made a xerox copies of
those....................:)

Leave alone 25K grand I'm not even ready for court case, why? the
following are the reasons, but before anyone read this just want to
clarify these are my absolutely personal opinions and no one needs to
agree with these.

1) If someone wants property with no delay and everything (electricity/
water) ready when they buy it, they should ideally buy ready to move
in resale properties at market price.
2) Now the allotment we got from DDA is absolutely less than half the
market price, still we are not satisfied.
3) Yes, DDA should have provided these things according to the plan/
dates they have originally mentioned in prospectus. But we all have to
understand that 16000 flats are not small projects, private builders
who make 200/300 flats projects delay by more than year and yet sell
flats at double the prices that what DDA is giving.
4) If anyone is so concerned with the delay they should have
surrendered the allotment and went with the option 1 I stated above.
5) We should go to court as a last option, when everything else have
failed. The case where someone got 5L penalty happened because
although the conveyance deed was executed but the possession was
pending for years. That is not similar to our case where people have
not even got possession letters.
6) Here DDA can easily prove it take some months to check/verify all
the papers/payment submitted by applicants.
7) Still it would be better to file RTI's to get to know the status/
delays/problems with individual file than approaching courts for
everything.
8) No offense to anyone, but if any allottee lawyer is so concerned
with these things he can easily file PIL which will benefit everyone
and can become a big social service show case for him to show to his
future clients. Why he needs money from individual allottees. Yes
there would be some expenses but are they really to the tune of 25k,
I'm not very sure.

Why I am saying all this is because a very good/close friend of mine
is not only a Sr. lawyer but he is a law professor too and he himself
say to me many times that until absolutely necessary we should avoid
going to courts for anything which can be solved outside.

Apologies for above rant if somebody don't like it.

Regards
Sandeep


Regards

sameer grover

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Oct 16, 2012, 1:11:38 AM10/16/12
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hahaha....best short cut  to yeh hi hai....BUT taking the right path......

..... if we have to file a case .... it should be ONE case ..... eg if lawyer charges 50,000...... then 50 allottee can get together to file a case ....only 1000/- bucks each......afterall the any lawyer allotte is not here to make money out of this case.

just a thought !!


S
Message has been deleted

naren

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Oct 16, 2012, 1:43:41 AM10/16/12
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Hi All,
Sandeep is very right..
As far as my knowledge is concern...
last date of payment was in June-12 and 6 months normal time for giving the possession to allottees.

Decorum of the group has to be maintained..

regards,
naren




Archit

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Oct 16, 2012, 6:11:21 AM10/16/12
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Hello Everyone

I agree with Mr.Sandeep Kumar Ji .. that untill absolutely necessary
we should avoid going to court. Well I think the need has arise for us
to go to court. Personally I choose to go to court was because there
is no end to the delay and bribe system that DDA is following and
there is a GOVT SCAM almost every day in the newspaper. What we are
doing by keeping quite here is we are actually encouraging these
people to not only delay our work now .. but also in the future
whenever such issues arise ( Like maintenance of buildings, lift etc )
..they would again delay our work and expect bribe.

As far as the market value is concerned.. Even though the flats are
given to us at lower than market price.. it does not mean that
substandard quality flats should be given to us. Besides we are
already paying for all expenses of the flat by taking bank loans and
paying huge EMI's.

Despite the fact that 16,000 flats is not a small project .. still DDA
itself choose a date to handover the flats to us ...we are not forcing
them to give us the flats before time ,,DDA itself demanded money from
us even when flats are under construction and no basic amenities are
there. Besides if DDA charged ,Mr. Pramod 80,000 Rs as interest as
late payment ..then we have every right to demand and get interest
from DDA for delays to us.

I fail to understand how a RTI or PIL will help us ? RTI will only
tell us what are the delays and reason for it and we will have to
again wait for days for the report which will further delay the
process. Plus PIL will not give INTEREST to anyone, so its useless to
file a PIL.

I dont want to offend anyone..but whoever the Sr. Lawyer that my
friend has consulted has failed to tell him that we cannot
collectively file suits as all our flat numbers are different , we all
have paid different amounts at different times and with different
localities. We will be paid interest Individually and also we will
request court to make DDA  pay lawyers fee also.

However I do agree that 25k is a high amount but  I and Pramod ji paid
the amount as nobody was ready to come forward so that fee could be
reduced. We made a decision which is for our best interest. And as per
conversation with Mr. Jain, if more people approach, then our fee will
substantially reduce which all members may share in equal proportion.

We all know that if we buy anything in large quantity, even the
shopkeeper gives a good discount, and if only one thing is purchased,
it is given at higher rate. Same is the case here.

My opinions are personal and i would appreciate that the decorum of
the group be maintained. We are all here to help each other and not
abuse and demoralize the members.

Thanks

Vinod

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Oct 16, 2012, 6:29:18 AM10/16/12
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I agree with Archit.

I have also spoken with few advocates for my flat, they have also told that PIL will not help us becose it will not give interest to anyone. And we cannot go in case collectively as all details are different with different localities so best way is our case is filed separately but date be given together, so there iis no confusion with details of individuals. we should make DDA  pay interest for delay and lawyers fee also.

The shopkeeper example is funny but true and I think if we go together for our case, I sure we can get our case done in reduced fees.

Thanks
Vinod

Sandeep Kumar

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Oct 16, 2012, 7:45:39 AM10/16/12
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Archit,

Appreciate your views and it's good you are taking action on what you
believe. Personally for me the definition of delay is also subjective.
I got the letter in mid April 2012, made the payment in June end and
got the PL in October start, which is 3 months away from submitting
the payment and documents. Now in all probability I'll get the
possession in next 2 months. And as far as I can see I went to DDA
twice in between and got the clear answers on the progress of my file.
I didn't paid bribe to get the status or speed up the process but
still get the possession within 5 months of making the payment. Do I
think it is worth for me to go to court for delay of 2-3 months, no is
the answer.

In Rohini I can see the progress in complex, the construction quality
is much better than what I have imagined, doors and windows all have
wooden frames, not like iron frames in other locations and are of good
quality too. I also believe water and electricity will also be
available at start of new year in Rohini.

I would also like to bring it to your attention, if you haven't notice
in newspapers, the recent cases or Noida Ext, Greater Noida etc. Not
every farmer approached court for their acquired lands, and not
everyone is paid the same amount for their lands or at the same time,
but still the Allahabad high court clubbed all the cases and gave
single judgement which not only got applied to people who filed the
cases but also to farmers who actually didn't filed the cases.

I absolutely agree we shouldn't promote bribes/corruption and I'm
definitely not going to pay even a single Rs in this whole process.
But at the same time I don't want to drag things to court for couple
of month delay. Again everything is personal opinion and not
applicable to all.

Regards
Sandeep

Neerja Korey

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Oct 16, 2012, 12:44:38 PM10/16/12
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Dda is not doing a favor by giving flats at a lower price. We are not ruled by British anymore. We are a democracy. We pay taxes and those taxes are used to pay dda for salary, development. Dda is using the land owned by government (of the people) and taxes paid by individuals like u and me to construct flats. Since the flats are limited draw of lots is a fair way for distributing them. Having got an allotment each one of us has the right to demand what should be rightfully ours in the committed time frame. Legal option is a realistic option for each one of us to make dda employees do what they are supposed to do in the first place.

Anjan Meher

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Oct 17, 2012, 2:54:25 AM10/17/12
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I am supporting Neerja,
 
In spite of going directly for any lagal actions, we should write letter to the Concen Executive Engineer Civil/ Electrical of DDA.
 
"It realy works"
 
I had given letter to them with 8 nos. points on 10th Oct, I am very glad to inform you that, 3 of them already sorted out till date & they are on the job for the rest.
 
So, Why don't we try this way first? which can be process without any penny.
 
Thanks,
--
ANJAN MEHER, 
MOB NO. 09650090375

RAJAT SARIN

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Oct 17, 2012, 2:56:05 AM10/17/12
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Hi Anjan
 
Could you share the format of the letter you gave to the concerned JE ..it will be a BIG help
--
Regards,
Rajat Sarin
Message has been deleted

Vinod

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Oct 17, 2012, 11:29:16 AM10/17/12
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Friends,

On 15th October 2012 Court number 6, Delhi High Court

Justice G.S. Sistani has specifically directed that -:

1. DDA Shall pay Interest to Allottees who have filed a complaint; and who have not been handed possession of the flat allotted to them on time; at the same rate as DDA itself charges interest for delayed payments which if I am not wrong is 15%. But the court will first make sure that the applicant gets possession with complete work done and with all the basic amenities and then the court will calculate the delay by DDA and give interest accordingly based on the delay.

2. Any applicant who has filed a case, regardless of whether he has taken possession or not, or whether he received possession letter or not, shall not and cannot be harmed by DDA in any manner whatsoever. Moreover the court also said that DDA will inturn issue possession letters to those who go in case much faster than others because of the case and it will make sure that the allottee is delivered whatever they have promised.

I have got this information through a friend who is junior with the same judge and I am publishing it so that all doubts can be cleared that DDA can in no way cause harm to us, whether we have received the possession or not and everyone can understand the reality of the situation and can make a good judgement based on it.


Archit

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Oct 17, 2012, 12:36:40 PM10/17/12
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Exactly Vinod ji , This what my Lawyer told me also. 

I will also get 80K Interest and my lawyers fee will also be paid by DDA.




tarun menon

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Oct 17, 2012, 1:21:46 PM10/17/12
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To me itvdoesnt make sense that only those who file a case get benefit. Usually its all affected.  

Sanjay Taneja

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Oct 17, 2012, 1:27:56 PM10/17/12
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Even If 1 person wins the interest case against DDA in this 2010 scheme, DDA will have to pay each and every allottee irrespective of whether he/she has filed a case or not...

Archit

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Oct 17, 2012, 2:14:24 PM10/17/12
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No , Sir This is a wrong public perception. Interest and relief will only be given to people who file a case. You are free to ask any lawyer or person with legal knowledge. I have confirmed many lawyers about this. Those who dont agree can take a risk on their own choice.


Pramod Gk

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Oct 17, 2012, 3:10:35 PM10/17/12
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I agree with Archit, there is no harm in going the legal way. I know for sure they cannot cancel my allotment moreover after the judgement of Justice G.S. Sistani ( anyone can verify this) , I am sure they cannot even harass me. For the last two months I have been running from Housing to Accounts section (and vice versa) to get my PL issued but  all in vain. Things would have been different if I would have oiled the system. 

I am not vouching for any way , to each his own.

AVINASH CHANDRA

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Oct 19, 2012, 12:37:26 AM10/19/12
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That is not correct. Only Rhodes persons will get the interest who wins the case. 


With best regards

Avinash Chandra

Sent from my iPhone 4S

Sanjay Taneja

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Oct 19, 2012, 9:44:57 AM10/19/12
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let one person win a case, rest can file cases after that. I have a lawyer who is willing to file  case aginst DDA for 1500/- Rupees.
Message has been deleted

gbp...@gmail.com

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Oct 19, 2012, 10:31:38 AM10/19/12
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I hope the lawyer is not from CHINA ?!! Hahaha
Sent on my BlackBerry® from Vodafone

-----Original Message-----
From: G <meraemai...@gmail.com>
Sender: dda-...@googlegroups.com
Date: Fri, 19 Oct 2012 07:27:29
To: DDA 2010<dda-...@googlegroups.com>
Reply-To: dda-...@googlegroups.com
Subject: Re: LEGAL CASE AGAINST DDA


my vote for Mr. Taneja....
i hope/pray you haven't missed any zero's...

1500 sound's GOOD....

Pramod Gk

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Oct 19, 2012, 2:56:37 PM10/19/12
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Great new then scores of writ petition to follow . 

Pramod Gk

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Oct 19, 2012, 3:51:46 PM10/19/12
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*news

Sandeep Kumar

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Oct 20, 2012, 4:53:06 AM10/20/12
to DDA 2010
Sanjay,

No offense to anyone else, but your's 2 post are the best on this
thread and actually depict the true reality....................:)

Regards

On Oct 19, 6:45 pm, Sanjay Taneja <sanjaytaneja2...@gmail.com> wrote:
> let one person win a case, rest can file cases after that. I have a lawyer
> who is willing to file  case aginst DDA for 1500/- Rupees.
>
> On Fri, Oct 19, 2012 at 10:07 AM, AVINASH CHANDRA <archit...@gmail.com>wrote:
>
>
>
>
>
>
>
> > That is not correct. Only Rhodes persons will get the interest who wins
> > the case.
>
> > With best regards
>
> > Avinash Chandra
>
> > Sent from my iPhone 4S
>
> > On Oct 18, 2012, at 12:27 AM, Sanjay Taneja <sanjaytaneja2...@gmail.com>
> > wrote:
>
> > Even If 1 person wins the interest case against DDA in this 2010 scheme,
> > DDA will have to pay each and every allottee irrespective of whether he/she
> > has filed a case or not...
>

Rajesh

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Oct 21, 2012, 11:31:01 AM10/21/12
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It is surprising to see so many strong emotions in this thread. This should not have been an contentious issue but clearly people have different point of views.
 
I think major disagreement is on following questions.
 
1. Is it correct to file Court Case Vs. Consumer Courts on DDA Vs. Do nothing or waiting.
Well this is for everyone to decide. Some members have "seemed" scared of a court/consumer court case fearing a backlash by dda. The thinking of these members is that if we do court case then dda might send us objection letter or do other delays. Though attitude is result of past experiences,it does prompts the "sab kuch chalta hai" attitude and leading to unaccountability in officials. I fee we should not be scared.
 
Other members seem sure that Court cases are way to go. In their favor, these kind of cases have been attempted in past with good success. I evidence is in favor of the allottee. It does require time, effort and money to file and followup on these. There is good probability that anyone who files such case will get a relief (after some efforts) in form of interest on the money deposited from DDA.
 
Few other members are "suggesting" bribing their way to get results, which is practical but morally incorrect way to resolving issues. Again this will depend on personal thinking.
 
2. How much money should we be paying a lawyer for any such case
Clearly different lawyer/attornies have their fee structures and offers different levels of service to their clients. Most people in this thread seem to agree that 25k is large amount to be paid to start such litigation (even if there is assurance that the fee will drop "substaintially" once large group of people join). But again this is for each member to decide value for their money.
 
3. Is DDA fair to us (in terms of price, project delays)
This does back to #1, and depends on how much accountable we want to hold the officials. We are all aware the most construction projects lead to some delay. We are all also aware that dda has put some renewed effort to finish the project. But how much delay (1 month, 3 month, 1 year etc) is acceptable will depend on your personal situation. For some making EMI payment for 3-6 months could be a big impact on their finances, while for others its drop in a bucket.
 
If the scenario was reversed and one of the allottee did not keep his side of contract and caused delay of 6 months in payment; would dda have allowed the allottee this kind of priviledge? Most "reputable" builders will pay interest to investors if full payment is made and project is delayed. So the thoughts that we should be greatful to DDA just because our properties have appreciated does not hold water.
 
In terms of price, the prospectus mentioned price of around 1-1.12 crore for HIG with area of 170sqm. DDA charged us approx 85lakh but the sq footage was decreased. So should we be thankful to them for reduced cost is also personal thinking.
 
Lastly, I think we should surely be greatful to members/allottees who are maintaining pressure on dda to deliver. This pressure could be in terms of court cases/consumer courts/protests/letters etc. I sincerly thank the allottees in this forum would organized protest outside the dda office and worked to get media involved. Without this dda might have not given the renewed priority to this project.
 
regards,
Rajesh
Message has been deleted

avinash

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Oct 12, 2013, 11:10:46 AM10/12/13
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What is the stAtus of the case which were filed by Mr Saurabh Jain. Whether any results have been given by the consumer courts

Sandeep Kumar

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Oct 13, 2013, 3:13:12 AM10/13/13
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Email from Avinash Chandra

The Competition Commission of India (CCI) has ordered its Director General under section 26(1) of the Act to initiate a probe in respect of the allegation made against the Delhi Development Authority (DDA) of acting in contravention to the provisions of Competition Act. DDA is a statutory body created under the provisions of Delhi Development Act to promote infrastructural and building development in Delhi with the power to acquire, hold, contract and dispose of property. In the real-estate sector the CCI has already passed orders against real estate giant like the DLF imposing a fine of Rs 600 crores for abuse of its dominant position. This will be the first time when DDA will be under the scrutiny of the CCI for its alleged violation of Section 4 (abuse of dominant position) of the Act.

 
Every enterprise (statutory or non-statutory, public or private) comes under the purview of the Competition Act, 2002. The rationale behind this is to ensure a level playing field for all market players and to make sure thatan enterprise does not get any competitive advantage because of it being a government run body or a statutory body. The Commission has the jurisdiction over every state run enterprise involved in any commercial activity except for those activities which are related to the sovereign functions of the state.
 
Dominance in terms of competition law means an acquisition of significant amount of market power, which enables the enterprise to increase or decrease the price or limit the productionindependently of the competitors as well as customers. In order to determine the dominant position of a player the commissionlooks into the factors mentioned in the Act under section 19(4). Dominance is not per se anti-competitive but the abuse of dominant position is prohibited by the Act.Whenever there is a contravention of section 4 of the Act, the Commission assesses the relevant market, dominant position of the opposite party (in this case DDA) and subsequently, the abuse of the dominant position.
The informant has alleged that DDA enjoys a near monopoly status conferred upon it by the statute i.e. Delhi Development Act, 1957 in the development of planned townships, colonies or complexes. It is the biggest real estate developer in Delhi and no other developer can match its size or structure. Hence it was submitted by the informant that DDA remains a dominant player in the relevant market.
Abuse of dominant position has been stated under section 4 which contains an exhaustive list of abuses.If a dominant player is found to be indulging in any behaviour listed as an abuse, such behaviour is considered to be anticompetitive. The list includespredatory pricing which can be established against a dominant player if the selling price is below cost and there is intent to oust competitors, unfair or discriminatory conditions in purchase or sale of goods or services and limiting or restricting production of goods or services.
 
In view of the same the informant further alleged that most of the provisions of the allotment schemewere drafted to benefit DDA and were highly unfair and discriminatory. For example, clause 14 of the scheme stated that the allottee shall pay 15% interest in case of delay of payment beyond three months whereas similar clause for payment of interest was not provided if there was a delay on behalf of DDA in handing over the possession. The clause 17 of the scheme mentions that DDA will not entertain any complaints on the issue of quality of material used or workmanship or any other defect in the construction of the flats, absolving itself of the responsibility. Further clause 9 of the scheme states that DDA will pay only 5% interest in case of delay beyond four months when registration money to unsuccessful applicants was to be refunded.
After hearing the complaint of the informant and after considering the reply submitted by DDA, the CCI concluded has that there exists a prima facie case against DDA and has ordered the DG to investigate and submit its report within 60 days.Order of the Commission can be accessed from here.
 
Avinash Chandra

Indo Rama Polymers ( Thailand) Ltd

Amphur Thawung

Lopburi-15180

Thailand

avinash

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Dec 28, 2013, 10:33:36 AM12/28/13
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Any development in your case and what is the present status

avinash

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Dec 28, 2013, 10:36:20 AM12/28/13
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When was the case filed. What is the present status. Is it in argument stage. In case any decision comes please send it to us so that it can helpful to others.

official

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Jan 9, 2014, 7:29:10 AM1/9/14
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hullo!koi hearing nahi hui kya ab tak?

avinash

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Feb 16, 2014, 9:42:23 AM2/16/14
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Dear Mr Archit,

What is the status of your case against DDA. Have you got some decision against DDA. In case you have some decision then can you share the same.

avinash

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Feb 16, 2014, 9:59:18 AM2/16/14
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Dear Mr Saurabh,

What is the status of your case against DDA. Whether you could get so e decision against DDA

avinash

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Feb 16, 2014, 9:59:59 AM2/16/14
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Have you filed the case against DDA

avinash

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Aug 9, 2014, 7:43:11 AM8/9/14
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do you have any status of your case yet. Two people had joined together and  till date we have not heard any thing from you. Can you please updat the status of the case.

avinash

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Jan 31, 2015, 4:52:08 AM1/31/15
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What is the status of your case. Do you have any decision on the same. If yes please send the copy.

Raj Jain

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Feb 24, 2016, 2:15:13 AM2/24/16
to DDA 2010 - 2014
OUR ASSOCIATION HAS FILED A AGAINST DDA ROHINI 1981 WHICH IS STILL INCOMPLETE EVEN AFTER 35 YEARS. WE WERE PROMISED PLOTS @ 150/- TO 200/- PER SQ. MTR. AND DDA HAD ACQUIRED LAND MUCH EXCESS UPTO 1980 @ FEW RUPEES PER METER. DDA NOW ISSUED DEMAND LETTER IN NOV 2012  Rs. 14120/- for LIG and Rs. 23252/- for MIG. DDA   NOW TRYING TO CANCEL PLOTS ON GROUND THAT WHY YOU PURCHASED OTHER PROPERTY IN LAST 35 YEARS. WE HAVE FILED A CASE IN DELHI HOGH COURT VIDE WP(C) NO. 8525 OF 2015. HIGH COURT ISSUED A NOTICE ON RATES CHARGED BY DDA ON 11.09.2015 WHICH IS STILL UNREPLIED BY DDA EVEN AFTER 6 MONTHS.

MADHUKAR RAO PENAL REPORT ON DDA WORKING HAS NOT BEEN MADE PUBLIC BY GOVT. DUE TO RASONS KNOQN TO CENTRAL GOVT. DDA IS WORST MANAGED INSTITUTION WHICH HARDLY OBEYES HIGH COURT OR SUPREME COURT RARELY.

CA RAJ JAIN 9311273838
SECRETARY
ROHINI RESIDENTIAL SCHEME 1981 ASSOCIATION (REGD.)
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