Here is another account of how Judiciary takes pride in failing the common man. Whilst I was in the last leg of my Naval service, I booked a bungalow in May 2009 at Bhopal. I booked a particular unit, the superstructure of which was ready and I was promised possession within a year, though the agreed period was 24 months. I was to retire in Apr 2011 and hoped to move in and settle down. The work progressed well till Apr 2010 by when the brick work and internal plaster was completed and I had shelled out 90% of the project cost. Thereafter, suddenly the project came to a standstill. Every time the project manager made a new commitment which invariably failed. According to the agreement, the company was to pay a compensation of Rs. 9,000/- per month for delay beyond 24 months but that was not being honored.
I retired in Apr 2011 and since there was no progress whatsoever, I had to move to Nagpur. The company employees gradually started quitting and there was a stage when except for an office boy and security guard, there was no one in the office to attend to customer enquiry. In anguish, I went to Delhi to meet the Directors of the company but was entertained by another employee who made several bold promises. Ultimately, when no headway was being made, I found it wise to register a case in the district consumer forum, in Feb 2012.
The case was admitted and notices were served but no one was available in the builder’s office to accept the notice because of which the case did not proceed further for three months. Finally when a new project head was appointed, the notice got served and they were given one month to respond. The company remained dormant and after three months the court decided to hear the case in the absence of the opponent. Just a day prior to the hearing date, the company took a stay from the State forum and filed a petition seeking time to respond. The judge generously granted them 3 months. In their reply the company claimed that I had not paid the installments on time and hence I am not entitled to any compensation. This was a blatant lie and to the contrary, I had paid one installment in advance.
I filed my reply providing all documentary evidence and the court decided to hear the argument on 05 Feb 2013, after one year of filing my complaint. On 5th Feb 13, the hearing did not take place as the President was transferred and a new president had not been appointed. In complete disregard to public inconvenience, the court scheduled final argument on 29 Jun 13, a delay of 5 months straight. The company recommenced work in the site in Nov 2012 but was not touching the units of those who filed a case in the court. They have a standard answer now, “The matter is in the court, we will progress the unit only after court decision. Alternatively, withdraw the case”. The company started progressing work of other units sold almost a year after me. I urged the advocate to file an ‘urgent hearing’ application, who was reluctant and literally defied by not doing so. I also gave up and was hoping like hell that the matter will be argued on 29 Jun 2013. To my utter disgust, I was informed by the advocate that since the President is on two days leave the case has been postponed to 24 Aug 2013.
On the other hand, the company is collecting stage payments on units that are progressed, by threatening to cancel the allotment and refusing to pay any compensation for the delay. Further, the company is refusing to handover possession of houses that are ready unless the buyer withdraws the case, sign a ‘no claim’ undertaking and pay up the legal charges incurred by the company. I see no option but to fall in line as the judicial system has rendered me helpless. The other option left is to approach a criminal who could handle this for me but regretfully my services background is preventing me from doing that. Some buyers who had political or muscle connections have been able to get their way, though.
Wonder what a common man could do? Definitely, this country is heading towards anarchy!!!!!!
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