Dear all Gentlemen having flat booked in Jaypee Noida Wishtown

Today news about NCDRC imposing 12% interest penalty on UNITECH for delaying possession of VISTA (Gurgaon) , is a great news and has given fresh blood supply in the bodies of all poor folks like us who have put their hard earned money in Jaypee Wishtown and there is no near hope of getting possession of their flat .

It is right time , when all wishtown members join together and file a case to NCDRC against Jaypee and make sure that Jaypee is forced to pay penalty @12% or higher on our hard earned money for which we are paying interest of more than 10% to bank and also paying rent for the flat . This will also give a tough message to these builder community that there is some law persisting in India .

I request members to join together without wasting any more time and file tough case in NCDRC .
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  • Yes - I am also initating if my case allows for it.

    This is a great great precedent and a ruling anyone can benefit from

    The court literally kept the BBA aside and ruled on what should be fair.

    So please get in groups or go individual - act now.

    And remember if you dont put a case - even if others do and THEY win - YOU will NOT get added compensation.

    This is the time to act.
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  • The best part about this judgement is that all developers will now be spurred into action. They will know if they don't deliver on time they are screwed, big time and will act accordingly. Earlier they were using our money paying us a pittance. I am happy to see this.
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  • One more thing, a few of these kind of judgements can actually wipe out some developers. Small ones prone to delaying in particular are at bigger risk.
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  • really a good and fair decision. But for this your builder need to be severly delayed on possession commited in BBA/ PAL. For all such cases, surely buyer can go to consumer court and why not?
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  • And now someone will post a comment here that nothing is going to happen. Builders will go to high court, supreme court and blah blah. Let's see who post that first :)
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  • Originally Posted by deser7rose
    And now someone will post a comment here that nothing is going to happen. Builders will go to high court, supreme court and blah blah. Let's see who post that first :)


    I believe that NCRDC judgement can only be challenged in Supreme Court. Further in most cases the SC just throws out the challenge in the first hearings.
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  • Builder can challenge the NCRDC decision only at supreme court and there is very little chance that supreme court will accept their plea
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  • What about Super area increase. since court has kept BBA aside, can something be done in this regard too.

    Will people who have taken possession, be eligible for any payments in case judgement comes against JP.
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  • Originally Posted by ThePunjabi
    There is no harm in trying your luck in court. Join hands with other residents in your tower/project to boost the sum under litigation to over Rs 1 Cr because NCDRC hears cases above 1 Cr amount only.

    If you don't do anything now, then you are destined to pay extra amount to builder as monthly maintenance every month for rest of your life besides the one time extra amount that you must have already paid.

    At least consult a lawyer and see if there is reasonable scope.


    Are you confirm that amount paid of all buyers filling the case from same project is aggregated to calculate the limit of one crore or Rs 1 crore paid by single buyer. PLS Confirm. I think you can file case in NCDRC IF amount paid by single buyer is more than 1 crore.
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  • Originally Posted by end user 152
    Are you confirm that amount paid of all buyers filling the case from same project is aggregated to calculate the limit of one crore or Rs 1 crore paid by single buyer. PLS Confirm. I think you can file case in NCDRC IF amount paid by single buyer is more than 1 crore.

    Actually I was also under that impression. Punjabi bhai are u sure?
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  • total amount should be more than 1 cr , it can be joint from same project or individual with more than 1 cr ticket size unit
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  • Originally Posted by ThePunjabi
    There is a project name Raheja Atharva on Dwarka expressway. Some 43 flat owners in that project joined hands to form an association and approached NCDRC with their complaint.

    Builder's plea before the court was that case should be dismissed because individual customer's claim was less than Rs 1 Cr.

    That plea was rejected by NCDRC and case was admitted.

    Read the court order in PDF file attached in the following post and you will have no further doubt:

    https://www.indianrealestateforum.com/forum/other-forums/general-real-estate-discussion/202-the-boom-continues?p=116519#post116519


    Good Job!.
    This is land mark decision. I personally believe best thing to happen in reality market.
    Court goes by last rulling. Which for use means faster result.
    Builder can go to SupremeCourt. But if even 1 buileder lose there, which he will, other will not be even entertained.
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  • Noida Jaypee Wishtown Delay - NCDRC Unitech Decision

    Buyers can join in and club compensation they are seeking to come up to a combined total in consideration of more than 1 cr. They are qualified to move to NCDRC, which can be challenged only in SC. As rightly pointed out SC may further increase compensation to buyers or dismiss plea of builder in first hearing if they deem fit so builder may not even choose to .challenge it as they also fear further media coverage can wake up the several sleeping buyers..
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  • Hi Guys,

    Not sure if I understood the judgement correctly. As per my understanding after reading the attached pdf the mentioned case was not admitted by NCDRC saying each buyer's flat valuation should be more than 1Cr.

    Please correct me if I'm wrong.

    Regards,
    Arvind Kumar
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  • I heard in the NDTV property show that you can file case in NCDRC if the consideration is above 1 cr either individually or collectively, since collectively the consideration is above 1 cr this was admitted and builders plea dismissed
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