Yamuna Expressway Authority restrained from forcing residential plot allottees to cough up further instalments.

[Meena Malhotra]

 

 

Dear All,

 

Few complainants at Consumer fourm gets releif till Nov-15 to pay further installments.

 

Pls find the enclosed status.

 

Regards

On Tuesday, 24 December 2013 23:48:19 UTC+5:30, Nitin Gupta wrote:

Respected Satish Jee ,

Congratulations for such diligent efforts !!

But just wanted to know the in depth meaning of the line quoted by you "a few allottees were granted a breather from paying the undue and exorbitantly huge instalments to YEIDA for residential plots allotted by the authority".

Is this stay order only applies to the complainants (whol filed the case ) or to all allottees of the YEA.

Your prompt and indepth reply will be highly appreciable .!!

Regards,

Nitin

On Monday, December 23, 2013 4:15:05 PM UTC+5:30, satish gupta wrote:

In presumably a first of its kind against the Yamuna Expressway Industrial Development Authority (YEIDA), a few allottees were granted a breather from paying the undue and exorbitantly huge instalments to YEIDA for residential plots allotted by the authority. In a consumer complaint filed before the National Consumer Disputes Redressal Commission (NCDRC), New Delhi, 4 aggrieved allottees have alleged unfair trade practises being carried out by the YEIDA and have also highlighted that close to 12000 more allottees are facing the wrath of such practises by YEIDA.

Ishaan Madaan, a Delhi High Court Advocate appearing for the Complainants, pressed for interim relief before NCDRC submitting that since YEIDA does not have possession of the land on which firm allotment of plots have been made to thousands of allottees; the Authority has no right to raise demands from allottees which also include hefty amount of interest. The court was inclined to restrain YEIDA from raising further demands and from encumbering the allotments of the complainants. The impact of such restraint is that those allottees would now not be compelled to make payments of further instalments and YEIDA cannot cancel their allotment in such event.

Since the year 2010, the Allahabad High Court has stayed the acquisition of several parcels of land which was sought to be acquired for YEIDA but the Authority has continued to charge huge amounts of instalments from the allottees, who are worried about the fate of their allotted plots. The alleged unfair trade practices carried on by YEIDA include the following:

·        YEIDA does not have possession of land on which plots have been identified and allotted but has continued to allot and transfer plots.

·        YEIDA has charged a hefty interest of 12% on each instalment and has continued to charge huge amounts from the allottees.

·        In the event of failure to make payment, YEIDA has sent ‘Defaulter notices’ to the allottees, penalising the latter to pay additional 14% interest compounded half yearly. Further the allottees have been threatened of cancellation of allotment and forfeiture of paid up amount

·        Most allottees have paid over 75% of the premium and 4 years have lapsed since allotment, putting YEIDA under obligation to handover possession; which the authority is not willing to give.

·        YEIDA is not carrying out development for the allottees.

[Vishal kaushik]

Very well done

--
--
You have received this message because you have subscribed to the Google "YEIDA" group.
 
To visit this group, please click the link http://groups.google.com/group/yeida
To post a message to this group, kindly send an email to ye...@googlegroups.com
 
You can unsubscribe from YEIDA group through our web interface or via email.
(1) To unsubscribe through our web interface, please go to http://groups.google.com/group/yeida click the "Edit My Membership" link on the right-hand side of the group's homepage. Then click the "Unsubscribe" button on the page that appears.
(2) To unsubscribe from YEIDA group via email, please send an email to yeida+un...@googlegroups.com
 
For help or assistance, kindly contact one of our YEIDA group moderators: Arnab Mukherjee, Raj Yadav, Safal Suri, Nagin Chand, Naveen Deep Sharma or Harpreet Singh Guller via email: mode...@yeida.org
 
Alternatively you may write to Safal Suri at safa...@gmail.com or speak on +91-9811182828
---
You received this message because you are subscribed to the Google Groups "YEIDA (Yamuna Expressway Industrial Development Area)" group.
To unsubscribe from this group and stop receiving emails from it, send an email to yeida+un...@googlegroups.com.
To post to this group, send email to ye...@googlegroups.com.
Visit this group at http://groups.google.com/group/yeida.
For more options, visit https://groups.google.com/d/optout.

[Galaxy hbh]

Sounds excellent. Its an idea, but our group could file an application in the Forum on behalf of all allottees. It does not cost much. We could request the forum for interim relief in the form of stay of recovery of instalments and interests till possession is given. Previous decision quoted by Ms Meena could be quoted as a precedent. For the long term, we could request that the interest charged so far be declared wrongly claimed, and be adjusted in the payments due to the YEIDA. In case full payment has been made by an allottee already, the extra interest could be returned to the allottee/ transferee.

Bali

[Bharat chugh]

please send the complete order..

thanks

Bharat Chugh

B.Arch(SPA) FIV FIGV MCA

--

[Safal Suri (gmail.com)]

 

Dear Bali,

 

Very interesting to note... you joined this group at 2.38 pm and at 2.50 pm you not only know all the details and proceedings of the said case (in 12 minutes flat), that too from a link provided by a certain member, but you also have an opinion about what “OUR” group should do.

 

This issue has been discussed in detail in the past and a collective decision of YERWA’s General Body Meeting was reached that YERWA will NOT file any such case, whatsoever. However, those interested in pursuing the said path are free to do it on their own.

 

I have said it in the past and I say it again... IN VERY CLEAR TERMS... there are certain individuals who want YERWA to file legal cases at consumer courts to take stay order so that THEY get relief from paying regular installments. YERWA has consulted many legal experts and all are of the opinion that doing so will weaken YERWA’s stand (naturally one cannot expect justice in the court if one is not even paying his dues).

 

For those not in knowledge of the past events, let me present the facts:

 

All 4 complainants in the said case are defaulters (in regard to past payments to the authority). The court, as regular procedure, has only granted stay for future payments as interim relief. That DOESN'T MEAN that the complainants have won the case. The court is yet to deliberate the merits of the case. In future, if the court finds that the case was filed with malafied intent to avoid paying regular installments, the courts can impose severe penalty (along with payment of compounded interest) OR the courts can also cancel the allotment itself.

 

Individuals are free to choose to take that risk. But, how can YERWA take such a risk?

 

If YERWA was to file any such case, all 380 registered members automatically become party to the same. However, even if ONE member refused to take such a risk, YERWA cannot and must not file any such case. That said, during the previous GBM, out of 80 odd members physically present in the meeting, only one member expressed his desire to file such a case. Naturally, the Managing Committee decided not to file any such case.

 

Therefore, my humble request to all those who wish YERWA to file any such case... to please do so on their own. They shall stand responsible and answerable to themselves, for their own actions. (Please understand, YERWA is not meant to take care of any individual’s or small group’s wishes and fancies. All important decisions are reached by the MAJORITY at GBM... and the Managing Committee is bound only to follow such decisions).

 

For the last time... YERWA WILL NOT file any case, either in consumer court or any other court, to stop payment of regular installments. So, stop wasting your and other’s time by raising this issue after every few months. If any individual, or group of like minded individuals, are so every eager... why not PAY your own money and file the case on your own? Why push YERWA to spend OTHER member’s money to meet YOUR needs?

 

Hope my clear reply shall put this topic to end... once and for all. Once again... PLEASE STOP all attempts to directly or indirectly influence/force YERWA to file any such case.

 

Regards,

 

Safal Suri

 

 

 

 

 

---

 

From: Galaxy hbh

Sent: Saturday, January 10, 2015 2:50 PM

To: ye...@googlegroups.com

Subject: [YEIDA:29042] : Re: Yamuna Expressway Authority restrained from forcing residential plot allottees to cough up further instalments.

 

Sounds excellent. Its an idea, but our group could file an application in the Forum on behalf of all allottees. It does not cost much. We could request the forum for interim relief in the form of stay of recovery of instalments and interests till possession is given. Previous decision quoted by Ms Meena could be quoted as a precedent. For the long term, we could request that the interest charged so far be declared wrongly claimed, and be adjusted in the payments due to the YEIDA. In case full payment has been made by an allottee already, the extra interest could be returned to the allottee/ transferee.

 

Bali

 

---

 

On Saturday, January 10, 2015 at 11:18:30 AM UTC+5:30, Meena wrote:

 

Dear All,

 

Few complainants at Consumer fourm gets releif till Nov-15 to pay further installments.

 

Pls find the enclosed status.

 

Regards

 

---

 

 

 

 

 

On Tuesday, 24 December 2013 23:48:19 UTC+5:30, Nitin Gupta wrote:

 

Respected Satish Jee ,

 

Congratulations for such diligent efforts !!

But just wanted to know the in depth meaning of the line quoted by you "a few allottees were granted a breather from paying the undue and exorbitantly huge instalments to YEIDA for residential plots allotted by the authority".

Is this stay order only applies to the complainants (whol filed the case ) or to all allottees of the YEA.

 

Your prompt and indepth reply will be highly appreciable .!!

 

Regards,

 

Nitin

 

 

 

 

 

On Monday, December 23, 2013 4:15:05 PM UTC+5:30, satish gupta wrote: 

 

In presumably a first of its kind against the Yamuna Expressway Industrial Development Authority (YEIDA), a few allottees were granted a breather from paying the undue and exorbitantly huge instalments to YEIDA for residential plots allotted by the authority. In a consumer complaint filed before the National Consumer Disputes Redressal Commission (NCDRC), New Delhi, 4 aggrieved allottees have alleged unfair trade practises being carried out by the YEIDA and have also highlighted that close to 12000 more allottees are facing the wrath of such practises by YEIDA.

 

Ishaan Madaan, a Delhi High Court Advocate appearing for the Complainants, pressed for interim relief before NCDRC submitting that since YEIDA does not have possession of the land on which firm allotment of plots have been made to thousands of allottees; the Authority has no right to raise demands from allottees which also include hefty amount of interest. The court was inclined to restrain YEIDA from raising further demands and from encumbering the allotments of the complainants. The impact of such restraint is that those allottees would now not be compelled to make payments of further instalments and YEIDA cannot cancel their allotment in such event.

 

Since the year 2010, the Allahabad High Court has stayed the acquisition of several parcels of land which was sought to be acquired for YEIDA but the Authority has continued to charge huge amounts of instalments from the allottees, who are worried about the fate of their allotted plots. The alleged unfair trade practices carried on by YEIDA include the following:

 

·        YEIDA does not have possession of land on which plots have been identified and allotted but has continued to allot and transfer plots.

 

·        YEIDA has charged a hefty interest of 12% on each instalment and has continued to charge huge amounts from the allottees.

 

·        In the event of failure to make payment, YEIDA has sent ‘Defaulter notices’ to the allottees, penalising the latter to pay additional 14% interest compounded half yearly. Further the allottees have been threatened of cancellation of allotment and forfeiture of paid up amount

 

·        Most allottees have paid over 75% of the premium and 4 years have lapsed since allotment, putting YEIDA under obligation to handover possession; which the authority is not willing to give.

 

·        YEIDA is not carrying out development for the allottees.

 

 

 

---

 

[Anupam Mazumdar]

Dear All,

Since we are talking about filing a case in National Commission and
getting a relief, let me give a brief information on consumer forums
to all those who need.

Any individual or group of individuals can approach consumer court for
getting any kind of compensation or stay if he/she feels that he feels
cheated by the vendor or the seller (authority in this case). In case
the cost of the commodity is less that 1 crore Rs, you need to
approach State Commission. However if multiple customers with a common
grievance can consolidate and sum the cost of commodity as more then 1
crore, they can directly approach the National Commission instead of
the State Commission.

For approaching either of the consumer forums you do not need any
Association or group to file case on behalf of you. You do not even
need a lawyer to fight the case, you can simply apply the registration
fees and can fight your own case. You just need to send a notice to
the opponent party after registering and the court will give you a
date for hearing.

Once the case is over in state commission, either the opponent party
or you can appeal in national commission and then to Supreme Court. If
you are already at National Commission, you skip one stage.

Consumer courts can provide you the following benefits (which you can
ask as your demands from the opponent party for the default by them):

1) Stay in the future installments till the time possession is given
(since they failed to give possession within 6 months from the
promised date)
2) Demand charges for mental agony. Many points can be put in this
respect like: No communication from authority whatsoever for the past
4 years, no clarity on where payments are going. The portal for which
they charged us 1000 Rs, was not up during the majority of the period
etc
3) Litigation Charges: If you are hiring a lawyer then you can ask for
a hefty amount
4) Delay in possession charges: The authority should pay you @14%
interest from the date from which delay has happened, since for your
delay authority charges 14%, till the time possession is given.

For National Commission:
Visit NCRDC office at Utpadakta Bhavan, INA, New Delhi.

For State Commission:
Since, this is at Uttar Pradesh, you probably need to visit Lucknow
State Commission. I am not sure if state commissions are present in
cities other that capital or not.

These points are just for information to the members, because in many
of the real estate defaults from big builders, consumer forums have
given these reliefs and this is applicable here also. And in these
cases, the court considers the agreement to be one-sided. Yes, these
take some time, but rest be assured, the verdict will be in your favor
at the end.

This has nothing to do with society.

Regards
Anupam Mazumdar

[Vishal kaushik]

Thanks for the valuable information

To post to this group, send an email to ye...@googlegroups.com.

[Vishal kaushik]

I have paid one time payment and also ready to go in court for relief. My number is 9711600091.

--

[Anupam Mazumdar]

[Think positive]

Let's get some EXPERT opinion on this..whether it may backfire as suggested earlier that Authority holds the Supreme power.It may ask us to surrender if we r not willing to pay etc.etc.Any expert opinion on this SENSITIVE issue????????

cheers 

jimmy

[Anupam Mazumdar]

Never

Regards
Anupam Mazumdar

[Galaxy hbh]

Dear Safal

I understand your caution in not taking a chance that may jeopardise the interest of all the allottees. Nor is that my intent. So, I take your advice, and would indeed pursue the course of approaching NRCDC on my own.

Just a last word .. I have never written in this forum earlier, and the sentiments expressed by me were well intentioned. Also, its true that I have never participated in YERWA activities earlier. Though this does mark me as a laggard, I am not a saboteour, nor am I inimical to the group.  You have been doing a wonderful job, and I am greatly impressed with your intelligence and team spirit. I must confess that I was somewhat taken aback by the vehemence of your reply. Tread a little more gently, Safal.

Bali

On Saturday, January 10, 2015 at 11:18:30 AM UTC+5:30, Meena wrote:

[Safal Suri (gmail.com)]

 

 

Dear Bali,

 

Every now and then, someone comes up with an opinion, without going into history and merits of the issue. If you were to do a bit of hard work and find the old posts regarding this topic, you will see a lot of discussions have already taken place about this topic, in no soo past. That is not to say, the intentions of the person presenting his/her opinion are maliced, just saying sometimes people express their views which could hurt others, if someone is to blindly follow such opinion.

 

This forum is for an open discussion. A platform to present opinions and counter opinions. However, it is always nice if such opinions are presented with proper homework and supported with evidence.

 

As for the facts provided in the earlier email... it is true... you joined the forum at 2.38 pm and at 2.50 pm you sent your first email addressed to the group, suggesting YERWA to file a lawsuit at NCDRC, that too without any home work. Not sure that should offend anyone.

 

No one is calling you saboteur. That’s a product of your own imagination. All I am saying is that responsible people should first go into the details/dept of the issue, balance pros and cons, and only then present an opinion that could positively or negatively affect other people. By all means, please present your views. Just with a bit more responsibility. Hope you understand. 

 

As for YERWA, we have had very detailed discussions with quite a few senior lawyers, not just from NCDRC, but also from Supreme Court of India and High Court of Allahabad. Each one of them have advised us against filling any case to stop payment of regular installments... NOT WITH STANDING the fact that some individuals having already filled such cases at NCDRC and also gotten stay order.

 

Lastly, let me once again request you to please search the archives and see all the past posts regarding this topic. Hopefully, you will then understand the reason behind my very upfront reply. You may not be trying to sabotage or selfishly trying to influence other members of this group... but others have tried in the past... sometimes with a lot of unreasonable pressure. Also, try and contact, at least, couple of lawyers and seek their honest opinion.

 

It was my duty to convey the facts to the people... that’s all I’ve done, in the past, and continue to do so today. Having provided the details of the issues involved, personally, I have NO PROBLEMS, whatsoever, if any individual or a group decided to still seek relief from NCDRC or any other forum. By all means, please go ahead.

 

Regards,

 

Safal Suri

 

 

 

 

 

From: Galaxy hbh

Sent: Monday, January 12, 2015 11:02 PM

To: ye...@googlegroups.com

Subject: [YEIDA:29069] : Re: Yamuna Expressway Authority restrained from forcing residential plot allottees to cough up further instalments.

 

Dear Safal

 

I understand your caution in not taking a chance that may jeopardise the interest of all the allottees. Nor is that my intent. So, I take your advice, and would indeed pursue the course of approaching NRCDC on my own.

 

Just a last word... I have never written in this forum earlier, and the sentiments expressed by me were well intentioned. Also, its true that I have never participated in YERWA activities earlier. Though this does mark me as a laggard, I am not a saboteour, nor am I inimical to the group. You have been doing a wonderful job, and I am greatly impressed with your intelligence and team spirit. I must confess that I was somewhat taken aback by the vehemence of your reply. Tread a little more gently, Safal.

 

Bali

[Rajeev Sharma]

Dear All,

I joined this group just now and saw few messages. I was toying with the idea of consumer court for quire sometime. It will be a good idea ( if it works ) to address our issue in consumer court. We got letter from YEIDA to pay farmer's compensation in eight instalments when there are still pending litigations in court. Can anyone give me mobile number of advocate Mr. Madaan who won this case or any other advocate knowledgeable in such cases. National commission will be better option if few of us could join together. This will also help us to reduce the legal cost. My number is 8825457395 and email id raje...@hotmail.com Regards Rajeev

[Gurvinder Bhamra]

I fully agree with you. Enough is enough. Be united and drag them to court for their misinformation and false promises of plot possesion.

--

--
You have received this message because you have subscribed to the Google "YEIDA" group.
 
To visit this group, please click the link http://groups.google.com/group/yeida
To post a message to this group, kindly send an email to ye...@googlegroups.com
 
You can unsubscribe from YEIDA group through our web interface or via email.
(1) To unsubscribe through our web interface, please go to http://groups.google.com/group/yeida click the "Edit My Membership" link on the right-hand side of the group's homepage. Then click the "Unsubscribe" button on the page that appears.
(2) To unsubscribe from YEIDA group via email, please send an email to yeida+un...@googlegroups.com
 
For help or assistance, kindly contact one of our YEIDA group moderators: Arnab Mukherjee, Raj Yadav, Safal Suri, Nagin Chand, Naveen Deep Sharma or Harpreet Singh Guller via email: mode...@yeida.org
 
Alternatively you may write to Safal Suri at safa...@gmail.com or speak on +91-9811182828
---
You received this message because you are subscribed to the Google Groups "YEIDA (Yamuna Expressway Industrial Development Area)" group.
To unsubscribe from this group and stop receiving emails from it, send an email to yeida+un...@googlegroups.com.
To post to this group, send email to ye...@googlegroups.com.

Visit this group at https://groups.google.com/group/yeida.