WHY SHOULD I JOIN SOCIETY?

WHAT WILL SOCIETY DO TO FIND A SOLUTION?

 

  1. This can be understood from knowing what are our 3 ultimate objectives :
    1.1- Delivery of Flat or Plot with lawful compensation for delay
    OR
    1.2- Refund of Money with Interest
    AND
    1.3- We want this as soon as possible, without further loss of time.
    Its all about TIME AND MONEY

2. What are the possible ways to achieve these objectives:

2.1- We just wait and watch, and one fine day, builder will call us and say come and take possession of your house, also I will give you delay penalty with 8% interest, also if you do not want possession, come and take refund with 12% interest.

2.2- Everyone individually go to different courts, Consumer Court, RERA, Civil Court, High Court, Supreme Court, and fight your own litigation, like many of us has done, and cases are going on for last 4-5 years and modestly each one would have spend at least minimum 25,000 Rs. for case in one forum, if gone individually or even in a small group.

2.3- Unite together and form a large enough group, which can build pressure on builder and authorities and when presented in court, difficult for court to ignore so many buyers. Also it is most economic way when large number of people contribute modest amounts and create large fund to hire better advocates and can handle cases effectively. If we are together, individual burden is less and processes are simpler when approaching courts and authorities.

We all have chosen one of the above approach and what have we gained or lost, is for each one of us to judge for ourselves, and act accordingly.

3. What is Society doing presently and how will this benefit me?

3.1- Society is presently handling Writ Petition in Allahabad High Court as an Intervening Party, most affected and necessary party to case. We have been allowed by Division Bench of Allahabad High Court to be heard in the matter.
Matter before court is that builder has defaulted on dues of authority and authority has cancelled the allotment of land, so this cancellation should be allowed or should not be allowed. Our point before court is that YEIDA being public authority must work in interest and welfare of public and if cancellation of land allotment can be done to recover dues of YEIDA then it should also be done to recover dues of homebuyers as builder has not only defaulted in paying dues of YEIDA but also has defaulted in delivering projects of middle class public (homebuyers), so before land is given to either builder or authority court must ask bonafide of that party, as to how they will cure the default towards homebuyers. Our prayer is to first pass some interim orders like

– Direct YEIDA to open registry of plots, where plot buyers has already paid huge sums to builder
– Direct YEIDA to immediately provide basic necessities on project like, sewer line, water supply, electricity supply, roads and street lights, to make it minimum habitable, and which is duty of authority under UP Apartments Act.
– Direct YEIDA to approve building plans of projects, which are pending since 2013.

Also we shall prayer before court to

– Ask builder to submit detailed status report of projects
– Ask builder to submit project development plan in details of timeline and funding required
– Ask builder to show his financial capability to develop the projects as project development plan by way of putting money in a escrow account and provide project funding plan.

Both YEIDA and Builder shall be held responsible and accountable by court and direct them to work towards development of project, which has been the biggest and most serious default by builder.

If builder and YEIDA are not able to commit for project development, then builder should be ask to deposit money with court to refund to flat and plot buyers with interest, before builder or authority should be given possession of land, else the land shall be put into the hands of a court receiver to take necessary actions to monetize it or develop it for home buyers and Forensic Audit of builder shall be ordered to find out, where is the homebuyers money gone.

4. What if court does not pass a favorable order for homebuyers?

4.1 – If we as Society do not get a favorable order from court, we will be approaching Supreme Court to seek justice and reliefs.

4.2 – We might be directed to RERA by High Court, or High Court might issue directions to RERA to submit its report of the projects status, or take over the projects. Here again presence of maximum homebuyers through society will be of utmost importance, as court can not give relief to those, who are not in front of it.

 

Please understand, your absence in court means that you are happy with Jaypee and you are fine with whatever is going on so why should court or authorities should do anything.

So if a minority of allottees are standing before court, court does take it less seriously than if majority of allottees are in front of court.

DO NOT HELP BUILDER BY REMAINING ABSENT FROM COURT AND SOCIETY IS BEST MEDIUM TO REPRESENT MAXIMUM HOMEBUYERS IN EASIEST AND MOST ECONOMIC WAY.

 

What is there for you to lose ? But by being part of society you will greatly improve the chances of getting a resolution to the challenges we are facing.

 

We can not win by remaining disorganized, and face an organized system and organized builder.

 

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