NCDRC Judgments of Hindon Heights Flat Allottees Association
NCDRC Judgments of Hindon Heights Flat Allottees Association: M/S Hindon Heights Flats Allottees Association (regd) filed 9 cases for Deficiencies in Services and Un-fair Trade practices adopted by Builder M/S Shreya Developwell (P) Ltd and financial institutions GIC Housing Finance Ltd, IDBI Bank Ltd, ING Vysya Bank Ltd, State Bank of India, Union Bank of India and LIC Housing Finance Ltd.
In fact none out of the 9 cases has the same opposite parties. It differ from 1 to 6 parties in each case. In some of the cases particular party is not included. The cause of action is also not exactly the same excepting that the Opposite Parties have provided deficient services and adopted un-fair trade practices. When the Secretary Mr. Prem Chand Goel of the Hindon Heights Flats Allottees Association (regd) was contacted and he expressed that the members were compelled to form this association because the Opposite Parties have deceived them. Other Office bearers and members of the Association accompanying Mr. Prem Chand Goel said that all those who have been cheated in this episode have formed the association and they are knocking at the doors of the Judiciary to provide them justice.
Mr. Saurabh Bhatnagar a member of the Association expressed that not only the opposite parties but also the entire system of providing justice they are facing is such that, they invested money to get shelter for them but today they are hounded by Banks through Debt Recovery Tribunal, even after cancellation of their investment. They did not get any benefit of their investment but they are being penalized for having invested their hard earned money.
Every citizen know that, un-necessary harassment to citizen can be challenged through various provisions and in such a case such a member should knock the doors of Consumer courts. Instead of filing individual cases, all the members of the Association got together by forming association and filed cases on the name of association directly in the National Consumer Disputes Redressal Commission at New Delhi. The cases were being followed and fought from 2009 onwards but in the year 2013 i.e. after 4 years, the judgment says that the cases are withdrawn. But pity is that, the Secretary Mr. Prem Chand Goel asserts that he never applied to the court to withdraw these cases.
It is un-fortunate that legal system in the country is not able to provide speedy justice, said Mrs. Anju Bhatia wife of a Doctor, who has expired during this period of fight for justice. The original Doctor member had high hopes to have such a flat in multi-storey building of the type below
The Secretary of the Association and Mr. Saurabh Bhatnagar a member of the Association, told us that they are much more than a un-fortunate person. They said that, if we would have lost our investment, we could have keep quite but what should we do when the system of judiciary has trapped us and therefore are not able to live with honour in this country. After this episode, when any of the member approaches any Bank or a Financial Institution for loan to have a living house, they turn down the request because the liability of the Bank stands in the books of CIBIL. The CIBIL was created by Reserve Bank of India with the purpose to deny loan to those persons whose liability still exists and all financial institutions get information of it instantly. But in the case of this Association, the members feel totally harrassed and dont know what to do ?
IN OUR VIEWS
The problems do come when a person depends too much on another person or institution and do not even monitor the utilization of his investment. Secondly, the members are not able to afford an expert Advocate who charge high fees. But still, the members need to think over again and make their sincere efforts to come out of this trap. There is no other way left-out.
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