Here is another account of the judicial system – The Consumer Forum.
I had purchased a bungalow at Nagpur in 2008 for a sum of 19,25,000/-. An agreement to sale was duly registered for the said amount but at the time of handing over possession, the builder demanded 4% of the basic price (Rs. 82,125/-) as service tax stating that the government has imposed this tax after the agreement date and that the same is payable by all customers. In the same breath he also stated that the builder’s association has represented to the government and in case the government reverses the provision, the amount will be returned back to the customers. Since I was on short leave to take possession and execute the sale deed and had no time to verify the facts, I paid the additional amount in good faith and obtained a receipt for the same. Almost two years later, accidentally I hit upon a government order of Jan 2009 in the internet which had reversed the service tax provisions based on the representation of the builder’s association. I immediately got in touch with the builder and asked for my money back. He however, claimed to have paid this money to the Service Tax department as the department had issued a notice to him in this regard.
This started a new litigation. I wrote several letters to the builder and made numerous calls asking for proof of payment to the department so that I can make an effort to get the money back. He remained evasive and non-committal. In Apr 2011, I retired from service and after meeting him personally and allowing another three months for him to obtain the records from his CA, I was left with no option but to send a RTI application to the service tax department seeking a copy of the voucher under which the builder paid the tax. To my horror and surprise, the service tax department in their reply said that the builder does not hold service tax registration number in the first place and hence no information can be provided.
I challenged the builder once again with the letter from the service tax department and when he was adamant on his stand I had to approach the consumer forum in Oct 2011. The case was admitted and the builder was sent a notice to which he did not reply for three months. When the case was scheduled for ex-party hearing, the builder filed his reply in Mar 2012 stating that he had paid the tax amount to the department, without providing any proof. The case was to be scheduled for final argument but because the term of the president of the forum was to end in Jul 2012, he was busy in winding up office and left the matter for the new incumbent to handle. The new incumbent was appointed in Jan 2013, almost after 6 months after the previous man left the post.
The case was finally scheduled for final argument in Mar 2013 and the argument was clearly in my favor as there was no evidence on record to prove the builder’s claim. Logically, the final order should have been issued within a month but the same was not done and the forum had a month long summer vacation in May. On reopening, the president was appraised of the pendency but by then the member who heard the case was transfered the new incumbent wants to hear the case afresh before passing an order. Finally after my personbal request, te president scheduled a fresh hearing on 28 Jun an dmuch ot my disbeleif, he imself was missing on that day as he had gone for his medicals for assuming the post of District Judge. Now god alone knows when the new president will be appointed and when the case will be argued and when the order will be passed. After this ordeal, the builder will appeal in the state forum which is worse than this and the saga will continue.......
The questions that come to my mind are:-
a. Isn’t our justice system crumbled completely?
b. Is there any accountability in the system?
c. Isn’t the government wasting tax payers’ money in promoting consumer awareness when the system is just not in a position to deliver justice?
d. Was I not stupid in trusting the judicial system in the first place?
May god save the common man!!!!!!
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