Judgement of Consumer Court against YEA

[Meena Malhotra]

Hello!

It seems that someone has unsubsribed from the group.

Thanks to Arnab for re-joining in this group again.

Pls find the enclosed order passed by Consumer court against authority on 2-11-15.

I want to inform this judgement to Yeida as well as Yerwa.

Rest of this case history could be find out at below link

http://cms.nic.in/ncdrcusersWeb/ViewProceedingCS.jsp?method=ViewProceedingCS

Main summary of the order is at this line as follow:

6.      The unjust enrichment of the OP at this account alone appears to be Rs.2,10,00,000/- only.  Again, no URL exists.  The OP has even called forth the  allottees and execute the agreement to lease registered and pay stamp duty on  the same.  Copy of letter dated 24.09.2010 sent to the complainants is placed on record as Annexure C-10.  Although, acquisition is still in the air, yet, its circle rates are going increasing.  Ultimately, this complaint was filed with the following prayers:-     

 

1. “Hold the Opposite Party/YEIDA guilty of Unfair Trade Practices as well as deficient services.
2. Direct the Opposite Party to give possession of plots/alternate plots to the allottees.
3. Direct the Opposite Party to deduct the already collected interest from remainder payments towards allotment to allottees.
4. Direct the OP to give interest to the allottees on the payments collected till now from the allottees till date.
5. Direct the Opposite Party to pay compensatory damages to the tune of Rs. 5,00,000/- qua each allotment.
6. Direct the Opposite Party to not to force execution of any lease deed without being in possession of the land.
7. Direct the Opposite Party to fulfil all its obligations towards the Allottees in terms of the allotment letter as well as the Residential Scheme.
8. Direct the Opposite Party to cancel all defaulter notices sent to the allottees during the pendency of stay orders.
9. Such other relief that this Hon’ble Commission may deem appropriate in the interest of justice”. 

Regards

[Meena Malhotra]

Sorry for inconvenience,

I have paste wrong content in summary in below mail.

Pls find the summary is as follow:

10. Consequently, we hereby direct that the possession of the plot be given to the complainants, within one year.

OR

If it is not possible, alternative plots be given to the allottess, as per their choice;

OR

If these things are not possible, the amount be paid back to the complainants with interest @ 12% and that too, if the

complainants so desire. The complainants may string alongwith this scheme but would not be entitled to any other

relief except the one granted herein with.

11. The OP shall not take the interest for remainder payments towards allotment to allottees, except for four years

till the complainants are put in possession of plots. The OP is debarred from sending the defaulter notices or forcing

the allottees to execute lease deed without having possession of the land. However, in view of the peculiar

circumstances, there will be no order as to compensation or costs.

I think this decision would be very helpful to all yeida allottees. When all shall approach to Consumer courts.

Yeida should be intimated also when yerwa should meet yeida as per high court decision.

Regards

[harpreet mittar]

This seems to be a significant judgement. Waiver of interest except for first 4 years till the possession.

We will watch YEA's reaction to this.

As YERWA, we should also push YEIDA for waiver of interest.

Safal ji, Nagin ji,

Your reactions to this?

Regards,

Harpreet Mittar

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[Bharat Dube]

Dear Mam,

Thanks for sharing important information.

The link provided in the mail below is not opening. Kindly provide more case details so that it can be accessed directly through the cms.nic.in site.

Regards
Dr Bharat Dubey

[jagdish gulani]

COPY OF ORDER FROM WEB SITE

[Meena Malhotra]

Mr. Dube,

You are requested to go on the following link as follow:

http://cms.nic.in/ncdrcusersWeb/login.do?method=caseStatus

Select NCDRC (That is comparative to Supreme Court)

Type CC/426/2013 in Case No. and press the search button.

Pls press view history & orders button at the bottom.

You shall find the following screen as follow:

Case No. CC/426/2013
Complainant	ATUL MAHESHWARI & 3 ORS.,	Respondent	YAMUNA EXPRESSWAY INDUSTRIAL DEVELOPMENT AUTHORITY,
Date of Hearing	Date Of Next Hearing	Case Stage	Court Proceeding	Order
19/12/2013	18/09/2014	Issue Notice/Directions	Proceedings	Daily Order
18/09/2014	13/11/2014	Issue Notice/Directions	Proceedings	Daily Order
13/11/2014	14/09/2015	Issue Notice/Directions	Proceedings	Daily Order
14/09/2015	14/10/2015	Adjourn	Proceedings	Daily Order
14/10/2015	02/11/2015	Judgement Reserved	Proceedings	Daily Order
02/11/2015		Disposed off	Proceedings	Final Order

That would be very helpful to find the order.

Regards

On Thu, Nov 5, 2015 at 6:31 AM, Bharat Dube <bhara...@gmail.com> wrote:

[Bharat Dube]

Thanks !!

[Sumit Gupta]

nice info

Regards

Sumit 

[Prem Kumar]

Kindly advise the actual position on the ground. Is this applicable only for those w ho went to to the consumers court.

Sent from my iPad

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<Consumer cort Order dtd 2-11-15.pdf>

[Anupam Mazumdar]

Hi Prem,

Consumer court cases are only for consumer who file cases. Not for anyone else. If you want such a relief, you should file a consumer court case at Lucknow State Commission. If you can gather few people and make the valuation more than 1 crore, you can directly file at National Commission.

Regards

Anupam Mazumdar

[Bharat Dube]

Dear Sir/Mam,

Thanks for sharing important information.

In light of consumer court order some Plot owner including myself are contemplating to file a joint petition in National Consumer Forum.

Those interested in pursuing the above mentioned case can come together.

Dr Bharat Dubey
+91 81303 41228
Country Office for India
W.H.O

[Ankur Saluja]

Bharat ,

I will join you with more plot owners total of 5 plots ..

Regards,

Ankur

[Naveen Mittal]

Hi

I will also like to join.

Thanks
Naveen
M9810591980

[Prem Kumar]

Kind attention Bharat Dube, Anupam Mazumdar, Meena Malhotra

 I would like to join the groupe, I have another plot holder also. Kindly advise, 9811744591

Sent from my iPad

[AKS]

I would also like to join. If any combined action is being taken. please include me. My mobile is 9897632073.

a k sinha

[Bharat Dube]

Dear All,

Thanks for your support.

The consultation process/meeting with the Legal Advisor of YEIDA  & lawyers who fought the above mentioned case in National Consumer Forum will take place by this weekend.

I'll update you on the future point of action.

Suggestions are welcome from the Members of this group on way forward.

Regards

Dr Bharat Dubey

[Amit Khanna]

Please add my name as well. 

Suri Ji- any reason why YERWA should not do this (seemingly more successful) initiative?

Amit

[Vikrant Khattar]

I m also in for combined court case

[Safal Suri]

Dear Mr. Khanna,

Now that the court notice has been delivered to the authority, it'll be premature on part of YERWA to file another court case without waiting for authority's decision. 

Also, any decision to file a fresh case by YERWA can only be taken by the majority during the GBM. If needed, that too will be called.

However, for now lets wait for the authority to call the board meeting and invite YERWA to present it's grievances. And then lets see what steps authority takes to address the same.

Regards,

Safal Suri 

Sent from Samsung Mega

[Anupam Mazumdar]

I think, case can always be filed for penalty from YEIDA for delay by 2 years and still no committment for possession or removal of stay.

Regards

Anupam Mazumdar

[arvind gautam]

 

Dear Sir,

 

We have 3 plots and we would also like to join. My mobile no. - 09212147104

 

 

Best Regards,

 

Arvind Gautam

[arvind kumar]

Count me also for filing case in consumer court. Also waiting for more information from Dr Dubey.

Regards,

Arvind.

On Wednesday, November 25, 2015 at 10:11:50 AM UTC+5:30, Dr B Dube wrote:

[mukulag]

How are we planning to work out the communication (the joinees) if we all join this?

Regards

Mukul

[Dr B Dube]

(Same post was today around 4pm with a new thread -Joint Petition in National Consumer Disputes Redressal Forum but it has failed to appear in YEIDA Google Group. Hence I'm posting it again directly in the continuing thread without Excel sheet attachment)

Dear All,

As you are aware by now that some Allottees of YEIDA 2009 scheme have shown interest to file a joint case in National Consumer Forum (Details of such allottees is pasted in the mail body, as well as attached in the mail). In this context, meeting was held with Mr P Gautam (Legal Advisor YEIDA) & Advocate Mr Subhranshu Padhi ( Advocate in Consumer Case no 426 of 2013 Atul Maheshwari & Others V/s YEIDA).

Meeting with Mr Priyanshu Gautam at YEIDA Office was helpful regarding that :-
(1) YEIDA will not extend the benefit granted by National Consumer Disputes Redressal Forum to all 21000 allottees.
(2) He was evasive/non committal that YEIDA "might" consider some relief to allottees in next meeting.

Meeting with Adv. Subhranshu Padhi at his office D129, Panchsheel Enclave, New Delhi :-
(1) He agreed in principle to take up the case.
(2) Assured that this petition will not take much time as judgement has already been delivered in identical case.
(3) Second meeting with Adv. Mr Subhranshu is planned at 11am next Saturday (5th December) at his office. I request you all to Update the interested allottee list attached herewith so that it can be shared with Adv. Mr Subhranshu. My apologies if I missed the name or details of any member.
(4) Interested allottees are welcome to attend the meeting on 5th December.
Kindly share your doubts or suggestions which can be taken up in this meeting.
(4) A Whatsapp Group can be created for interested Litigants & the Advocate so that we can interact directly with each other in future.



Dr Bharat Dubey
08130341228

[Pawan Raghav]

Hello Mr. Dubey,

I also want to join you in complaint in consumer court.

Thanks,
Pawan Kumar

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[Amit Khanna]

I agree. With all due respect for all your efforts Suri Ji, I don't have much faith in authority giving us any relief. The Court order has only left decision to authority -  do we really think they will give some exemption to 184 people only? Also the type of exemption is left to them and we are meant to be order takers and not treated like customers.

Also don't see logic for not filing case in consumer forum simultaneously if that is turning out more successful strategy. It's not bad in law I think- simultaneous cases are filed all the time. If it is simple courtesy then suggest we let go of it since authority is not giving us any. 

The only reason (and I would respect that) is that it is another new effort and everything seems to fall to your (able) shoulders. 

So if someone else can take the lead in YERWA would you change your mind?

If a GBM is needed let's have it.

Request please reconsider.

Amit

[Meena Malhotra]

I think that all allotees should get together and increase their numbers.

Then notice should be sent to yea for non payment of extra demand; regular installments could be carried on but on written assurance from authority that they will provide relaxations to old allotees.

Otherwise stay would be taken on all future schemes of authority.

Authority intentions seem to fetch money from individual allotees; however broad relaxations provided to builders.

All supporting as defined above could enclosed while filing with petition.

Authority is becoming greedy due to hike in land rates in between these periods.

YEIDA & yerwa could meet authority jointly but be united.

Regards