Dear Sir/Madam,
On behalf of my Mother, Prabhavati S. Desai, I would like to seek your support for getting urgent relief from the clutches of the developer M/s. A.A. Estate pvt.ltd. – Kalina (RNA CORP). This developer is playing foul play and pressuring us to sign “Agreement for Permanent Alternate Accommodationâ€. Developer have not take us in confidence nor taken our consent for preparing agreements. Further, developer is coordinating only with his pet members. These pet members are not the authenticated office bearer so lacking in accountability and responsibility of society’s work.
From the year 2003, we are in to the processes of redevelopment of our society’s building in Bandra (East). We vacate our tenement in Jan2008 but so far developer has failed to start the Redevelopment work. More over developer is trying to acquire neighboring society’s redevelopment work. Developer has not given us rent from Jan2012 till now.
The important highlights of the Redevelopment are mentioned here below :-
- We have one Redevelopment Agreement dtd.2005 between society and developer. One side registration of this agreement is done in the year 2007 by developer.
- Society has also given power of attorney to the developer along with above said Redevelopment Agreement dtd.2005
- Three Committee members were suspended from the committee under “No confidence motionâ€. As these three committee members found guilty in performing their duty on behalf of committee. Thereby new committee established.
- Developer supporting indirectly to these three suspended committee members, so these three committee member filed suit in co-operative court against existing new committee. Developer wants these three ex-committee member in the society’s committee. Matter is still pending in co-operative court.
- Society’s minute’s book was stolen by above said suspended committee members, till now no official news is available for its existence.
- Society’ conveyance is done in Mhada by the builder but all corresponding documents are in the possession of the builder.
- Till now 3 supplementary agreements were made are as under. And no one from it yet registered.
1st supplementary agreement dtd.2007 between society and developer.
2nd supplementary agreement dtd.2009 between society and developer.
3rd supplementary agreement dtd.2012 between un-official society members and developer.
- All agreements are ambiguous.
- Building was demolished by the developer in July2012.
- Acquired tenants signatures by foul play.
- No Individual agreement was made with the tenants.
- All original agreements between society and developer are missing from society office.
- No productive support from MHADA and BMC despite of having informed the facts in the same.
- Unofficial, unaccountable and irresponsible interference of high source people thereby lacking in supporting paper work.
- Very complex situation to understand, analyze and represent the matter before court due to mess in redevelopment matter.
- My mother, through the advocate have applied this matter in state consumer court on 5th September 2013 but till now despite of providing true facts the case is yet awaited for being maintainable. And now again court has given next date i.e. 23rd Jan2014. Now difficult to bear the delay that are being occurred in the court.
Me and my mother, we need your help and support for having relief and peace in this matter. We would also like to visit on you for further clarification in the same. Kindly look in to this issue. You may check and ensure the facts stated above if found correct then only please extend your help to us.
Thanking you,
Yours faithfully,
Sandesh S. Desai
********43
Hello Mr. Desai,
According to me you just need to understand the prevailing earthly business in Indian democracy. I think connected people to this writeup would agree with me on below few points:
- The Indian Judicial system is very strong but it also seems inefficient when matters crop up by and between 'weak & strong' (viz. rich vs poor, educated vs non educated, etc) people of Indian comunity.
- The complete dependancy stays on the performance of the advocate and his INTEGRITY.
- The people working in Consumer court, some time causes nuisance. Sometimes they appear as if they are managed. And this could be the reason of delaying matter, wrong updates in Daily order and proceedings etc.
- I guess, there is no provision in Indian constitution for weaker section of community to be blessed with justice due to lack of advocate fees, court fee etc. You may check if it is there also let me know if you could find any option.
- Various factors are causing constrains for Individuals to stand up for their own justice and their entire life span is spent waiting for justice to happen.
I would like to know the next date of hearing for your case.
Dear All,
I have two doubts that are mentioned here below, can anybody assist me in the same.
- Why I am still not blessed with “Interim relief order†when the application for the same was accompanied to my case since day one.
- And why always that same assistant to honorable judges always gives us very far date of next hearing despite of my humble request for short date. The last date was 09/04/2015 and next date is 25/08/2015. Why can’t they understand the simple issue of my senior citizen Mother?
Thanks in advanced
My friend,
Please understand that the RNA builder is being supported by big politician of Maharashtra state, so your "fight for right" may get ignored several times from all levels ... so just be prepared for everything ... I hope you will understand my point....... Good Luck :)
Thanks Shashikant, for your support and guidance, however I would like to inform you that so far twice I have posted grievances on this site but I don't get any logical response from this site. And finally this left me with doubts on Maharastra’s CM, Mr. Devendra Fadnavis words. The details of complaint are as under:-
1) Tokan ID : Dept/URDD/2015/75 dtd. 30/01/2015
2) Tokan ID : Dept/HOUS/2015/96 dtd. 21/02/2015
Kindly keep checking and supporting to my mother's fight for right. Thanks once again.
Hi Kavita,
Thanks for shown interest and given suggestion. However, you may be surprised to know that so far 'n' numbers of times the written grievance latters have been sent to all those concern persons whose interference in this matter could be benefited us for getting fast justice.
For fast action and justice, I already sent same complaint to all below mentioned concerns.
1. MHADA - BANDRA (Mumbai)
2. BMC office - Mumbai
3. Local Police Station - Kherwadi Bandra East.
4. Local corporator, MLA and Cabinet Minister.
5. Politacal Party's supremo.
6. Generalist and news papers.
Till now none of them taken up this matter nor responded to us. But I am sure something will happen and we will get justice soon. Thanks once again and have a nice time ahead.
"Dear Sandesh,
Did you check with CBI? I guess you need to visit CBI office and also request the court to give order to check this matter from root grass level. This seem A social fraud in conspiracy by and between RNA builder and committee  members. You may send your grievances CBI Head office for investigation.
On hearing dtd. 20th Jan.2015 there was no progress in my case, both side advocates was present but Court only asked them to submit additional documents if any. Opposite advocate and my advocate did not submit any document. Further, court immediately declared the final hearing date is 09th April,2015. The case is pretty simple but I don't understand the mechanism behind this case proceedings. And I see lots of gaps in this jurisdictional area where government need to bring preciseness and transparency. Anyway, at this moment I don't have any option rather then to wait till Honorable judges' final soothing order for me.
Hi Vivek, The next date is 20th January,2015. Thanks for reading this matter and showing interest in this matter.
Hello Sir, what is the next date of your case matter against developer. Please update.
Dear sandesh, I read the complete updates of your matter, I think you should try to bring this matter in light. And for this you should also contact to all media. Try to contact CBI inquiry as this is a social fraud by builder with the help of few corrupted managing committee of your society. Now a days the same kind of so many other incidents are also taking places in India. I hope that the CM of Maharashtra state could help you in this matter. Hopefully new government under versatile control of Shri. Narendra Modi ji, the new PM of India will take required action to stop corruptions in Redevelopment projects of innocent and poor people of Maharashtra. "GOOD LUCK AND AND THE BEST"
"Hi,
I understood the matter...... actually everybody knows our Indian legislation system ... taking RNA builder to the court is difficult and need plenty of patience to cope up with delay. RNA builder is expert in handling court matter and he will take full advantage of our poor legislation system. Big builder easily manage Advocates and system. Try to register your point with CBI as a special case. keep updating the progress of the case on every similar sites'
On hearing dated 21/07/2014, our advocate Mr. R. A. Singh was prepared with “Rejoinder of Complainant†to submit to the national consumer court. Our case was scheduled after lunch break so our Advocate left from the court for his other work. Our Advocate Mr. Singh told me that if he could not come in time than submit above said Rejoinder and take short date from the court. Unfortunately, when our case called up on board by that time my advocate didn’t reach in the court. So I made request to the court to keep back the case as my advocate was about to come in next 15 minutes.The court did not accept this request so I followed my advocate instruction and accordingly submit “Rejoinder of complainant†to the court. However court didn’t accept Rejoinder. Further, court told that Rejoinder does not be accepted and I have to submit “Affidavit of Evidence†only. I was completely blank and was not able to understand what to do now. After waiting of 65 days I do not wanted this date to be just passed without any progress. All in vain and court give me another long waiting date i.e. 27/10/2014. Now I have to wait for another 3 months just for submission of “Affidavit of Evidenceâ€. I requested to the court to give short date but again my request went unfruitful. Please advice.
Further, we attended hearing on 27/3/2014, in this hearing both sides answered the query raised by court and finally it was told that on 16/04/2014 the order will be passed on Maintainability of this case.
- On 16/04/2014, Bench Clark told us that order is passed in my mother's side. he also told that court have informed opposite party to file written statement. For this, we are really thankful of honorable presiding member Mrs. Usha S. Thakare and Mr. Pradeep B Joshi. And next date given as 16/05/2014.
- On 16/05/2014, when we reached to the court I checked the list of cases, in that our case was not listed So I did inquiry and came to know that the case date was 15/05/14 and not 16/05/2014. So on 15/05/2014 from opposite side same written statement submitted to court. In written statement developer M/s. A. A. Estate pvt.ltd. (RNA CORP) is still not ready to obey the order of maintainability given by state consumer court. Now next date is fix up on 21/07/2014. Please advise.
Further to my above complaint, I would also like to append further fact mentioned here below. So far 7 dates were given by court and now next date is given i.e. 27/03/2014.
- The 6th date of hearing was on 06/03/2014, on this date argument happened between both sides advocates for case maintainability and based on this argument honorable judges told that they will issue Order on maintainability of this case on 21/03/2014.
- However on 21/03/2014 it was informed that the matter will be again taken on 27/03/2014 before special bench without notifying us the reason thereof.
My mother is senior citizen and she is under medical survival, the same was also informed to the court but still court is delaying case and giving us very long dates. This seem that the court is under influenced of builder. The last date of hearing was in Dec15 and now next date is 18/04/2016. On other hand, the updates given on Govt site "Confonet" is also not completely updated nor completely correct. My side advocate has become lenient so I have to find out a capable, trustworthy Advocate. please suggest if anyone knows good advocate with low charges.