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

[satish gupta]

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.

[Navneet Agarwal]

Very Good Move. It is the need of time. As they have disturbed us for the last these many years, mow it is our turn as they had committed for the possession after 4 years.

Navneet Agarwal

[RMIT]

I tried to search for this judgement on NCDRC website but could not find any information. Could you please let everyone know more about this judgement? When was this judgement given & whether this judgement will be valid for everyone?

Regards
Ravi Mittal

[Meena Malhotra]

Hi,

 

Yes lot of other individuals and in groups are doing needful.

 

Pls don't take it personally

 

They have also some useful information or records but they are not sharing.

 

Most of the peoples who are not a members of YERWA but a part of other individual / Groups.

 

These groups or persons have a issue that YERWA has also some information but availed to their members only but they always asked these persons or groups to share with them.

 

It seems that communication / information gap between allotees are gaining but that should be avoided.

 

Few other peoples have gone or going to file a case against authority that authority is not alloting the plots for the year 2009 allotments but bringing a new Scheme nearly thrice a month.

 

It it advised that all allotees should be united.

Regards

--
--
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" 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 an email to ye...@googlegroups.com.
Visit this group at http://groups.google.com/group/yeida.
For more options, visit https://groups.google.com/groups/opt_out.

[Nepal Singh Raj]

 

---

Date: Mon, 23 Dec 2013 09:43:47 -0800
From: navne...@gmail.com
To: ye...@googlegroups.com
Subject: [YEIDA:27139] : Re: Yamuna Expressway Authority restrained from forcing residential plot allottees to cough up further i

[satish gupta]

imp arguments:

1.While issuing allotment letters it was firm allotment with plot No.

2.It was no where mentioned that allotment is without having possession of land or our plots.

3. All these years we have paid all seven instalments on the due date without any demand.

4. Authority has never given any communication in last four years about development or progress. On the contrary has just send a defaulters notice during July 2013 without a basis and despite sending reply long back they have not yet intimated the status.

5. RTIs sent to them are not properly replied.

6. After court stay the authority should have sent an intimation and declared zero payment period from 2011 but has kept silence and still collecting instalments with interest.

7. If any private developer would have done the same, authority would have initiated penal proceedings and allotment would have been cancelled.

8. Post stay whatever instalments collected by the authority are beyond its scope besides this they are liable to pay interest on the entire deposited amount till the clearance because this vital information is always kept in the private domain.

9. Instalments were against land and development and interest was due to deferment, now the authority is deferring possession they should also be made liable to pay interest.

10. Authority in this case is not more than a developer therefore can not be granted special immunity or status while deciding this case.

11. Enhancement of circle rates for transfer fees etc is also illegal.

12. Authority is still alloting plots to developers, these should be stopped till such time our allotments are not provided with complete developments and possession is granted.

13. Court should ask status of development and reserves in the account of authority and seek clarification as what was the object of applying urgency clause while acquiring if development itself was to take 5 long years.

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

[Nitin Gupta]

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: