Saturday, December 4, 2010

Re: [HumJanenge] Request to for guidance in legal issue

Dear Mr. Prabhu:

Thank you for your valuable help.
I am already before the State Consumer Commission for past 3 years. We had a couple of corrupt judges, whom we managed to get rid of through High Court, etc.  Now there is only the President and no quoram for past 6 odd months!  So the matter is stuck.  The builder is a very powerful business house and defiant, .... you understand!
As I am a Senior Citizen liable to die at anytime, I am much concerned about what would happen to my heirs without title to flat after my death.  So, after seeing a senior laywer on TV suggesting that a criminal case could bring quicker results, I am exploring that avenue.  But my lawyer advices caution as the very powerful opponent could harass and  file for defamation and malicious prosecution, in case my complaint fails.  Hence, this research and request for help from friends.

1. Could you please tell me the name of the law that covers "funnel zone" and aircraft, etc.?

2.  The actual interaction was with their Marketing Manager.  But is the Managing Director also liable?  (I have written him several letters, so he is aware of the matter, but has not resolved the issues.  It was so admitted in cross-examination also).

3.  Any other guidance please?

Thank you, once again.

Regards,
Victor





--- On Sat, 12/4/10, UdayPrabhu@Activist.com <prabhuum@gmail.com> wrote:

From: UdayPrabhu@Activist.com <prabhuum@gmail.com>
Subject: Re: [HumJanenge] Request to for guidance in legal issue
To: humjanenge@googlegroups.com, victor99cooper@yahoo.com
Cc: "acb" <acb_india@yahoogroups.com>, "Cybugle" <thecybugle@yahoogroups.com>, "eGovINDIA" <eGovINDIA@yahoogroups.com>, "IHRO" <IHRO@yahoogroups.com>, "Transparency India" <tiindia.newdelhi@gmail.com>, "Issues" <issuesonline_worldwide@yahoogroups.com>, "Karmayog" <infor@karmayog.org>, "Jago Party" <jagoparty@jago.in>, "voiceofindia" <voiceofindiagroup@yahoogroups.com>, "Voicesforfreedom" <voicesforfreedom@voicesforfreedom.org>, "Janshakti yahoogroups" <Janshakti@yahoogroups.com>, "Humanrightsactivist Yahoogroups" <humanrightsactivist@yahoogroups.com>
Date: Saturday, December 4, 2010, 8:44 PM

Dear Victor-Ji,

Please provide better & full particulars of the transaction & yourself,  if you have a genuine problem to be resolved.

Anyway,based on the information furnished by you, I believe, that subject to verification of proper documents,

1] You can file a Consumer Complaint for deficiency in services by the Builder including non-performing of acts, under the Indian Consumer Protection Act of 1986, for compliance with the statutory requirements,indemnification off losses if any sustained by you & compensation for Harassment coupled with cost of litigation etc. .

2] You could also file A Criminal Complaint with Local Police with all supporting documents & thereafter simultaneously file a private complaint in the Hon'ble Metropolitan / Session's Court also, for case of BREACH of TRUST & or CHEATING against all concerned.

3] If the Building is in the Aerodrome / Naval vicinity, then their NOC for Construction is also required in addition to CRZ-M / Local Municipal Authorities etc with their approval for Height / Search lights & other conditions/warranties.

Believe this will further assist you to take effective steps to protect your property accordingly.

BEST Of Luck!

UDAY PRABHU.
******************

On Sat, Dec 4, 2010 at 11:33 PM, Victor Cooper <victor99cooper@yahoo.com> wrote:
I purchased a flat 3 years ago.
1.  The builder, a private ltd. company, fails-refuses to execute sale deed under this or that excuse.
The representation-sale was done by its Marketing manager, so there is a case against him. But do I have a cheating case ... against the Managing Director also?

2.  The builder was obligated to obtain NOC from navy prior to construction, but failed to do so.  Moreover, the builder made false representation in the Agreement to Sell that they had obtained such NOC.

What law covers the aviation sector and this NOC?

3.  Is is better to first file a complaint with police or directly with the court?

Thanks,
Regards,
Victor



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