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Jaypee Greens Wishtown, Noida

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Jaypee Greens Wishtown, Noida

Last updated: 2 weeks ago
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  • Re : Jaypee Greens Wishtown, Noida

    Originally posted by MeinSonu View Post
    pk you don't need to be this condescending and please don't use this kind of language. I don't post to show off. I have learnt a lot from Dineshsays, and I have nothing against him. At times I had difference of opinion with him and will continue to have that.

    For the record, I am not your supporter in the ridiculous war that is going on here.
    Meinsonu sir,

    I am not soliciting your support. I am only pointing out the facts to someone who has been nothing but rude and condescending to me and only a post ago accused me of being a liar.

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    • Re : Jaypee Greens Wishtown, Noida

      PK, I like your ploy of keeping the mods at bay. Showing respect. ( Meinsonu Sir, Digvijay sir, Manoja Sir etc etc).

      Comment


      • Re : Jaypee Greens Wishtown, Noida

        Originally posted by Poddarvaib View Post
        PK, I like your ploy of keeping the mods at bay. Showing respect. ( Meinsonu Sir, Digvijay sir, Manoja Sir etc etc).
        Mr Poddarvaib,

        As far as I know Digvijay sir and MeinSonu sir are not mods.If you have read all my posts, you would know I had requested Manoja sir to ban me. I do not have to employ any ploys to curry favors. In fact, if you can get me banned, I will be eternally grateful to you.


        When I started posting on the forum, I also addressed you and Mr dineshsays as sir. However, that honorific is now reserved for those who I truly respect on this forum on account of their intellect, knowledge, foresight, personality, etc.

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        • Re : Jaypee Greens Wishtown, Noida

          MeinSonu Bhai - I know you are way more knowledgable in this matter. But during preparing for a case our core association had asked how much time SC will take on appeal after NCDRC decision and the lawyer had cited that SC has improved drastically while dealing with cases and the pendency had improved a lot.

          If we just see this link http://www.livemint.com/Politics/960...ster-rate.html

          While they are deciding 47000 cases every year the cases over 10 years are only 1200 or so - that is just 2% of pending cases (50000) and it is improving on a yearly basis.

          Also correct me - if a precedent is set on the Unitech case - (NCDRC ruled in favour of buyer, builder appealed to SC) - will the SC now not resolve these matters faster.

          Finally do you attest to PKGandhi's point that it will take crores to get justice - our lawyer was taking in mid k thousands.

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          • Re : Jaypee Greens Wishtown, Noida

            Since you are so keen on being banned permanently you very well have the option of restricting yourself from appearing on the forum. I am sure no one's holding a gun to your head and making you post.

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            • Re : Jaypee Greens Wishtown, Noida

              Definitely it is a great victory for the buyers in the NCDRC, but you cannot discount the fact that the builder will now go to the SC where the real money power comes in. They will engage the best lawyers and will delay this to the extent possible, using the huge pile up of cases to their advantage. Also the costs in SC are multiples times of those in the NCDRC. This and the delay works to the builder advantage.

              The best way out for the buyers is to bring pressure that the courts pass an overarching judgement to give relief to the buyers by making it mandatory for all builders to pay delay penalty * 18%, disallow super area increase and make it mandatory to deposit 50% to 100% of such costs before taking up the cases against NCDRC. But this is asking for the moon.
              Last edited May 10 2016, 03:38 PM. Reason: Text formatting.

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              • Re : Jaypee Greens Wishtown, Noida

                Originally posted by dineshsays View Post
                MeinSonu Bhai - I know you are way more knowledgable in this matter. But during preparing for a case our core association had asked how much time SC will take on appeal after NCDRC decision and the lawyer had cited that SC has improved drastically while dealing with cases and the pendency had improved a lot.

                If we just see this link http://www.livemint.com/Politics/960...ster-rate.html

                While they are deciding 47000 cases every year the cases over 10 years are only 1200 or so - that is just 2% of pending cases (50000) and it is improving on a yearly basis.

                Also correct me - if a precedent is set on the Unitech case - (NCDRC ruled in favour of buyer, builder appealed to SC) - will the SC now not resolve these matters faster.

                Finally do you attest to PKGandhi's point that it will take crores to get justice - our lawyer was taking in mid k thousands.
                Mr dineshsays,

                I know it can be difficult to comprehend more than one idea at once, but please don't conflate and misquote me. The crores in cost and 12-15 years was in response to Mr bhuwan's question about a generic case in a consumer court ( not necessarily NCRDC) , not about this specific case.

                I have already congratulated those who won the case and wish them the best in being able to actually receive the damages that were awarded.

                Comment


                • Re : Jaypee Greens Wishtown, Noida

                  Look dude - the entire context of this discussion is victory in NCDRC.

                  Why would you go to State Consumer forums when you qualify for NCDRC.

                  Since you have zilch knowledge in the matter - even if two or three people get together and their combined cost of homes is > 1 cr - they directly qualify to log a case in NCDRC. Very rarely in the modern Noida context will you find a case going to state commission.

                  Now still if you want to nitpick - after the state commission - imagining a scenario were to exist - the builder goes to NCDRC and then to SC. So whichever way you look at it - NCDRC will only add a year or two - less looking at recent judgements

                  So even this point of yours is false and inconsequential.

                  Where are 12-15 years after state commission and crores of Rupees
                  Last edited May 10 2016, 03:50 PM.

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                  • Re : Jaypee Greens Wishtown, Noida

                    Originally posted by dineshsays View Post
                    MeinSonu Bhai - I know you are way more knowledgable in this matter. But during preparing for a case our core association had asked how much time SC will take on appeal after NCDRC decision and the lawyer had cited that SC has improved drastically while dealing with cases and the pendency had improved a lot.

                    If we just see this link Supreme Court is disposing pending cases at a faster rate - Livemint

                    While they are deciding 47000 cases every year the cases over 10 years are only 1200 or so - that is just 2% of pending cases (50000) and it is improving on a yearly basis.

                    Also correct me - if a precedent is set on the Unitech case - (NCDRC ruled in favour of buyer, builder appealed to SC) - will the SC now not resolve these matters faster.

                    Finally do you attest to PKGandhi's point that it will take crores to get justice - our lawyer was taking in mid k thousands.
                    Dineshbhai I want to believe what your lawyer is saying, but as I said, SC is a lottery. Lots of extraneous factors go into play when you litigate and it is not possible for me to calculate the time with mathematical accuracy. That is what I hate about the whole litigation.

                    I don't trust newspapers. I have nothing to say about the newspaper clipping that you shared.

                    When we read about all those judgment in the newspapers, we see things such as SC said this or SC said that. You need to ask what is SC? SC is actually a bench, each bank comprising of atleast 2 or more judges sitting and deciding the matter. Now every bench has its own mind. Every bench thinks differently. Some are pro-poor and some pro-industry. Lot depend on these benches and you don't get to choose them. However, in my experience now a days more than a few SC judges sympathize with the cause of farmers, home buyers etc. in that order. Chances of us getting early disposal is thus very very high.

                    I am not sure which judgment you are talking about vis-a-vis Unitech. give me the detail and I will be able to tell you whether it act as a precedent or not. Usually, SC is a court of record and all its judgment are precedents. As whether it will not resolve the matter faster, that's not how the doctrine of precedent work...you may get faster disposal if you get sympathetic bench supported by a skilled and diligent lawyer and not because you have a precedent in your favour. All litigants in the SC has one or more precedent in its favour.

                    I don't read pkgandhi's post. They are too lengthy, too frequent and I don't have that much patience.

                    There is no fixed fee. There is no guarantee that Crores will buy us justice from the SC. One thing guaranteed is that JP may spend lakhs per hearing in the SC hiring big shot lawyers...the question is that whether your lawyer would be able to withstand the pressure a big shot lawyer creates by his presence and face value in court? I am sure Judges will be looking to help you in your matters, but their hands will get tied if your lawyer stammers due to towering presence of these stalwarts and he fails to assist Court with right arguments/precedents.

                    So if it is not too difficult for your guys, I would recommend that you assess your lawyer situation independently and if required, increase your budget a little bit to a few lakh and ask your lawyer to hire a decent senior advocate for important hearing. Lot of these SC senior lawyers are empathetic, and can appear for you on reduce fees. You just have to find right connection and be at the right place at the right time.

                    Cheers and all the best.

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                    • Re : Jaypee Greens Wishtown, Noida

                      NCDRC is a small forum. Its orders are valuable when it comes to small issues. And in case of RE, if matters pertains to your personal property or other few properties at most. But NCDRC orders never work when it comes to entire projects where much bigger stakes are involved. Builder is never gonna pay huge penalties as the cost amplify because multiple home buyers are involved.

                      Builder always take better option. Appealing in higher court to stop the payouts. When Court admits the petition/appeal of Builder. Its mostly accompanied by stay order against NCDRC decision (or of other forum/tribunal/lower court). Then case is decided on merit. No doubt builder use all tactics to win.

                      Whenever you are taking a big builder to court or forum regarding a project where big stakes are involved. You should prepare to fight battles all the way to SC. And prepare for all kind of troubles.

                      SC is not a lottery. our entire Justice system is a lottery. You take gamble of investing your time and money to fight legal battle. But our legal process is not fair and balanced. Its full of delays and errors and misjudgements. You take gamble that you will get justice despite all the risks.

                      Case regarding 5 years of delay looks pretty clear cut in case of home buyers. But legal battle can be very different. Still, i think buyers do have great advantage in this case.

                      I think Buyers should use this tactic. If JP cites financial constraints. Buyers should ask SC to constitute arbitrar tasked for liquidating unencumbered land Bank or any other liquid assets of JP. The money raised should be used for best interest of buyers for Project completion and paying penalties (all done through eskrow account monitored by SC).

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