Bad news and good news!!-Supreme Court case..
Ravindra Beleyur
Dear Members,
Here is a bad news as well as a good news in respect of our Special Leave Petition case before the Supreme Court!!
- Bad news - first: We were thinking that this Special Leave petition case would be heard in a summary manner in half an hour or maximum 2-3 hours and the decision would have been made in 2011 itself!(as per our advocate). But, the judges have thought otherwise. They have come to a conclusion that this is a case in which they intend to go through facts beyond the orders of National Commission and they have thought that the case requires more application of mind. So, they have granted leave(in judicial language!) and so they would hear it as a regular full fledged case. It is a bad news since we would not get the decision at least for the next 2 years or so! There could be a possibility to file an interim application - may be after 6 months - requesting to hear the case at the earliest..
- Good news ---> The judges have considered this as a fit case for going into more depth and apply their mind thoroughly and give a fair judgment which would become hopefully a good precedence for many more cases like this.
I did not go to Delhi since I was indisposed. Our advocate - Ankur was also not well since he had recovered from Dengue fever last week. Added to this, we were not aware of the bench before which our case would come up since the senior judge before whom the case used to come up earlier has retired - so we were in a fix to think about who should be our senior counsel - normally, decision on the senior counsel is taken based on the bench before which the case comes up. So, we had taken a decision to request for a short adjournment in view of the ill-health of Ankur. However, the issue of taking adjournment did not arise since the bench was very clear about its decision. I shall forward the order once the order is placed on the web.
In the mean time, I request you to get in touch (if you know anybody) with Vajragiri Township Members who would neither have got the refund (even in case of members who have not paid all installments) nor got their sites registered and mobilise them to become members so that our association's strength could be improved and hopefully it would have a good impact by the time the case comes before the Supreme Court (e.g., if the no. of cases before Supreme court could go upto say 500 from the exisitng 154- that is what I mean). Our association is also in the process of reaching out - if possible- to all 9,300 members of Vajragiri Township members.
Our advocate has told that new members could file cases before the District Forum and request for keeping the cases pending until the Supreme Court decision is announced at the time of the argument. If the district forum agrees, it could be good. Normally, the district forum may not accept this argument since they are interested in reaching the target of finalising so many number of cases. In such case, the complainant has to move to State Commission and if the argument of holding the decision until Supreme Court decision is not listened to by the State Commission, the complainant can file his appeal directly before the Supreme Court instead of going through another step of going to the National Commission (at least 120 out of 154 cases - including my case - have crossed all these consumer forums/commission). It should be NOTED, even if the Supreme Court gives any order at any point of time, that would NOT become applicable for people whose cases are not before any Consumer Forums or before the Supreme Court. Lot many affected members are waiting for what decision would come from the Supreme Court so that such decision would be applicable - like in a CLASS SUIT in USA - which is not the case. I am sharing this for the benefit of affected members who might not have taken any steps for the recovery of the amount paid for sites in the Vajragiri Township.
There has been a delay in holding our Annual General Meeting. We shall definitely hold the AGM before the end of November, 2011. Audited accounts are ready for approval of the Executive Committee Meeting. Once approved, we shall send the notice for the AGM, Audited accounts and the Annual Report.
This is for your information.
With best regards,
ravi
Ravindra Beleyur
Ferooza
Sent from my iPhones served
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Bharath kumar
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ravindr...@yahoo.com
I understand your concerns based on the judgments for the 1st batch-incluiding mine-by State Commission n National commission: but, I am optimistic. Let us hope for the best.
Cheers!
Ravi
Sent from BSNL with my BlackBerry® smartphone
Vidya shankar
I am optimistic that something better is waiting for all of us.
Thanx again for all your efforts.
Regards,
G.K.Vidyashankar
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