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1

A historic event has taken place in the Supreme Court of India. There will be no independent probe into Judge Brijgopal Harkishan Loya’s death. This is one of the first judgments to come at a time when the Indian Judiciary stands embattled in a manner not seen since Independence. Those quick to point out the Emergency, may do well to reflect, that while Emergency kept our democracy locked and at bay to pander to an autocratic leader, now and here, as we live and speak, work or laze, fight or make love, a dark cloud looms by which democracy and the rule of law are being artfully and systematically subverted. In hindsight, Emergency appears as a blip and our judiciary came out the stronger of it. It rose to the occasion and reclaimed its independence as well as integrity.

This spirit, which the Indian Judiciary showed at what was then the nadir of the Indian democratic experiment in the mid-seventies, is almost dead. This period is historic, not least for the other significant judgments that are being awaited, or for the unprecedented press meeting called by the Supreme Court’s senior-most judges, but for the very foundations that made our country possible in the first place. We are being uprooted like an old banyan tree might be, but we are by and large comatose, and don’t even feel the tremors. Such is the adversity of our collective situation.

Judge Loya died in 2014 but for some time he stood resurrected. Caravan’s reporter Niranjan Takle is an ordinary person, much like you and me, but what he did was extraordinary. For a moment it seemed that God spoke through him, that God could well be a regular reporter, who must resurrect the dead, especially when it seemed that they had not been properly buried.

Amongst its several rebuttals to the petitioners’ arguments, the bench constituted by the Chief Justice of India to decide the matter, is very keen on reprimanding the petitioners for their lack of bonafides and contempt of court. The bench then negates the evidence relied on by the petitioners. But this was not a criminal trial. The writ petitions only sought an independent probe into a critical case that was in fact mocking the very institution of our judiciary.

Judge Loya was a CBI judge entrusted with overseeing the Soharabbudin Sheikh fake encounter case in which the BJP President Amit Shah was an accused. Any reasonable person going by the murky and sordid history of the case, and what followed thereafter, and as it stands to tragically unfold even now, would assume that there is a rat, and it is stinking as hell. Post the furor over the Caravan article the Supreme Court should have in fact taken suo motu cognisance of the case.

One of the time honoured maxims of the law is that justice should not only be done, but must be seen to be done.

The Supreme Court’s rebuttals have already been politically hijacked and can be dissected as well as Mr. Jaitley has sought to do, but it would be more of Machiavellian legalese. Given the divisive and political overtones the case has assumed, with help in no little measure from social media, the polarisation is complete and evident, just as it is for anything now these days. More than polarisation there is fear. Read FEAR.

None of Judge Loya’s family came ahead when they should have, even if it were to simply negate Caravan’s report in open court. The bench too declined to call the family or the judges who said they were with Judge Loya at the time of his death. These being just a couple of inexplicable positions taken by the bench. There was more than enough prima facie material, which the petitioners had brought on record in support of their plea. To reiterate - an independent inquiry is all that they sought. Nobody was going to be hanged for that. One does not need to be a legal scholar or a hotshot lawyer to understand this, or for that matter, the absolute retreat and silence of Judge Loya’s family in the days when the petitions and interventions were being heard.

The bench has also upbraided the petitioners for undermining the judiciary by casting aspersions on those in the bench and on the other judges whose names came up as part of the hearing. Yet the petitions well within the domain of public knowledge fundamentally argued that if the plea for an independent probe is not granted, it would result in an erosion of faith in the judiciary and within it as well, and does not bode well for the lower judiciary.

The tables stand turned and how. The irony is incredible.

In another situation this might seem like a neat sleight of hand, altogether familiar when it comes to political expediency, but now it is simply scary. The Bar and Bench stand divided like never before and the line of division is glaring and aching. Certainly the atmosphere in the Supreme Court has turned noxious. All along, in spite of all the pressures, our judiciary has always shown that it will be the ultimate leveller and a custodian of our rights and dignity. That modicum of faith is fast disappearing.

Judge Loya, who might have been afforded the chance to speak to us through his grave, has been silenced yet again. The questions however will not cease. I often look at his file photos in the news and I always think of him first as a judge and later in any of his filial capacities. Was it not enough that he had sworn to serve the judiciary and through the institution, us, the people of India? His life was exemplary in that regard, and his conduct impeccable, especially when he was assigned to adjudicate the notorious Sohrabbudin case. Do we understand that in failing an upright judge, we have also failed the very institution that is key to our democracy and our constitutional values? It is perhaps the latter that bothers me more and I have a feeling that Judge Loya would have concurred.

There are hundreds of Judge Loyas in our country who have taken the fall in the line of duty when they became a nuisance to the ruling establishment of their time. Judge Loya is certainly not an exception, but his case is. Our judiciary, and we the people of India, were offered a rare opportunity to redeem ourselves had an independent probe been permitted.

We have let that moment pass to our peril.

We stand witness to a new phase of history that has been surely and steadily taking its course, not dissimilar to other previous twisted regimes in the world. In this withering landscape we are adrift and pensive, and for now, our heads must hang in shame.

11

Mumbai, 27th January, 2017: Justice Chinnasamy Swaminathan Karnan of Culcutta High Court and formerly of Madras High Court, wrote to Prime Minister Narendra Modi urging him to take action against "high corruption at the judiciary". In his letter dated 23rdJanuary, 2017, Justice CS Karnan furnished the prime minister with "an initial list of corrupt judges", and in addition, three other officers of Madras High Court, who he implied had detailed knowledge and proof of the corrupt acts of the 20 judges. Justice Karnan asked for all these persons to be "interrogated by the officers of the Central Agencies" – probably referring to Central Bureau of Investigation (CBI).
Justice CS Karnan's recent writings and actions have confronted India with huge questions and challenges, namely:
a) Is Justice CS Karnan a judge a nutcase – a man with impaired mental functioning? If so, what constitutional safeguards does the nation have to remove him, to prevent him from damaging the reputation and function of the higher judiciary?
b) Alternatively, is Justice CS Karnan a whistleblower revealing rampant corruption in Madras High Court and Supreme Court? If so, what constitutional mechanisms does India have to conduct proper investigation of his allegations?
Read Justice CS Karnan's letter to the Prime Minister below:
The judges named in this letter are mostly Justice Karnan's former colleagues, namely:
  1. Justice Sanjay Kishan Kaul, Chief Justice of Madras High Court and earlier, Punjab and Haryana High Court
  2. Justice S Manikumar of Madras High Court
  3. Justice V Ramasubramanian of Madras High Court
  4. Justice (Retd) Chitra Venkataraman of Madras High Court
  5. Justice (Retd) RS Ramanathan of Madras High Court\
  6. Justice RK Agrawal of Supreme Court
  7. Justice TS Thakur, who recently retired as Chief Justice of India
  8. Justice MY Eqbal (Retd), former Chief Justice of Madras High Court and Supreme Court judge
  9. Justice (Retd) FM Ibrahim Kalifulla of Supreme Court
  10. Justice (Retd) Satish Agnihotri of Madras High Court
  11. Justice (Retd) Elipe Dharma Rao of Madras High Court
  12. Justice (Retd) KN Basha of Madras High Court
  13. Justice (Retd) G M Akbar Ali of Madras High Court
  14. Justice (Retd) Aruna Jagadeesan of Madras High Court
  15. Justice V Dhanapalan of Madras High Court, with whom CS Karnan had a public quarrel.
  16. Justice MM Sundresh of Madras High Court
  17. Justice N Kirubakaran of Madras High Court
  18. Justice S Nagamuthu of Madras High Court
  19. Justice T Raja of Madras High Court
  20. Justice M Sathyanarayan of Madras High Court
So, in the light of this letter, let us consider whether Karnan is a raving nutcase that the judiciary is unable to rid itself of. Is justice Karnan a living proof of the fact that there is almost no way of getting rid of a bad or incompetent judge?
Or is Karnan a whistleblower exposing the corruption of Indian judiciary, and deserving of the respect and gratitude of all Indian citizens? And therefore, is he a living proof of the fact that even a High Court judge cannot bring corrupt judges to justice?
The jury is still out on that one.
ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com
Posted in Public Interest by
Sulaiman Bhimani 
9323642081
sulaimanbhimani11@gmail.com

"Victims of RNA Corp." OR Victims of Any Unscrupulous Builder, What are the options available for Home Buyer and Aggrieved Flat Owners in Redevelopment Project

How to File a Complaint against a Builder, What are the options available 

Any citizen can file a case against a developer. There are several options and situations under which a property buyer can file a complaint. Types of complaints are:

  1. EOW
  1. Consumer case
  1. Suit for Specific Performance of Contract

On the following grounds in which a property buyer can drag an incompetent property developer on violations/ breach of ground

  • Non-execution of relevant sale agreement despite having received a substantial advance amount
  • Non-issuance of copies of all relevant documents viz.; development agreement, power of attorney, sanctioned plan (by concerned Regional Authorities), specification of construction materials/design as per sanctioned plan and any other relevant documents
  • Charged higher than the agreed amount
  • No issuance of proper receipt(s) against the paid amount
  • Poor quality construction
  • Delivering of a house not complying to agreed specifications
  • No free parking space within the premises
  • Did not form a co-operative housing society and handed over to members
  • Non-provision of water storage tank
  • Non-provision of proper ventilation and light
  • Delayed possession beyond the stipulated time limit
  • Not obtaining completion certificate from the concerned registered (by the authorities) architect
  • Non-issuance of Occupancy Certificate at the time of delivery of respective flats/house to its occupants
  • Non-declaration of expenses against which the developer collected money

And many more…

Any project falling short of above listed causes home buyers to approach for remedy from options available 1 to 5 

1) Cheating Case (EOW) - Jointly or Individually Legal Complaint

2) Cheating Case (EOW) with Private Complaint to the Metropolitan Magistrate (MM)

3) Specific Performance in High Court

4) National Commission if agreement value is more than 1 Crore (New Delhi)

5) State Consumer if agreement value is less than 1 Crore (Mumbai)

How to file a complaint against a builder in the Consumer Court? 

With builders coming under the clause of being a service provider, the process of filing a consumer court complaint against them is the same as with other service providers. To file a complaint, you need to adhere to the following steps:

  • Send a well drafted Legal Notice to the builder stating your reasons of discontent
  • Await for a response for the stipulated time from the other party
  • On no-response, prepare a petition stating facts and evidences with the help of expert legal advice
  • Approach the Consumer Court and file your petition against the builder

As per a judgement passed by the National Commission in the case of Jayantabhai Ranka and Arunaben Kapadia vs Ravi Developers, the Commission pointed out that the cause of action on the builder continues till the allotment of the site or full refund of money on refusal to allot.

This means, no matter how much the delay, the builder is liable to properly honour his service agreement. The other important point that this particular case also highlighted is that ‘each property developer is liable to execute an  agreement for sale’. And failure to do so can be a cause of action against the builder in the Consumer Court.

  • How to approach district consumer Forum
    The complaint can be made on plain paper and you can file it in person or through an authorised agent, after it has been notarised, through registered post or regular post. It is important that you serve a personal or legal notice to the opposite party before filing the complaint. You will need to file four copies, plus additional copies for each opposite party. And the complaint must be filed within two years from the date of the cause of action having arisen. The court fee for cases involving up to Rs 1 lakh is nil for those holding Antyodaya Anna Yojana cards and Rs 100 for the rest. For cases involving up to Rs 5 lakh the case fee is Rs 200, for case up to Rs 10 lakh the court fee is Rs 400 and for those up to Rs 20 lakh the case fee is Rs 500. The demand draft should be made out to the President, Consumer Disputes Redressal Forum, (name of) district.
  • How to approach state consumer Forum
    Cases where the value of goods or services exceeds Rs 20 lakh can be filed and orders of the district forum challenged here within 30 days of the order being passed.
    (a) Documents of record with correct name of all parties and their addresses;(c) More than four additional copies for each respondent for filing an appeal;(e) A statutory deposit of Rs 25,000 or 50 per cent of the award / compensation amount, whichever is less, is to be made by the appellant / opposite parties.
  • (d) Any conditional delay, interim orders and other petitions to be submitted along with an affidavit; and
  • (b) Certified copy of the district forum order;
  • The court fee for cases above Rs 20 lakh and up to Rs 50 lakh is Rs 2,000 while the court fee for cases up to Rs 1 crore is Rs 4,000. The demand draft should be made in favour of the registrar, (name of) state commission and be payable in that state only. To file an appeal you need the following:
  • How to approach National Consumer Disputes Redressal Commission
    A dissatisfied consumer can file a complaint directly with the national commission or appeal against decisions of the state commission within a month from the date of the order. The court fee is Rs 5,000 and the demand draft should be in the name of The Registrar, National Consumer Disputes Redressal Commission. There is no fee for filing an appeal before the state or national commission. You can appeal against the orders of the national commission in the Supreme Court within a period of 30 days.
Sl. No.Total Value of goods or services and the compensation claimedAmount of fee payable
District Forum
(1)Upto one lakh rupees – For complainants who are under the Below Poverty Line holding Antyodaya Anna Yojana CardsNil
(2)Upto one lakh rupees – For complainants other than Antyodaya Anna Yojana card holders.Rs.100
(3)Above one lakh and upto five lakh rupeesRs.200
(4)Above five lakh and upto ten lakh rupeesRs.400
(5)Above ten lakh and upto twenty lakh rupeesRs.500
State Commission
(6)Above twenty lakh and upto fifty lakh rupeesRs.2000
(7)Above fifty lakh and upto one crore rupeesRs.4000
National Commission
(8)Above one crore rupeesRs.5000

You may simultaneously approach EOW with legal advice along with Consumer Court Case

1) Cheating Case (EOW) - Jointly or Individually Legal Complaint

2)Cheating Case (EOW) with Private Complaint to the Metropolitan Magistrate (MM)

This option of specific performance in High Court is little expensive compare to Consumer Court but result oriented all you need a good Advocate and result can be expected in 4 to 8 months where as in consumer court it may take 12 to 24 months
This option is expensive as you have to pay court fees the upper cap of the court fee is Rs 3 Lakh the court fee structure calculation table is given for your reference

COURT FEE SLABS

SLAB-A = FIRST RS. 15,00,000 ----- RS 31,230.

SLAB-B = RS. 15,00,001 TO RS. 26,00,000------@RS 2,000/RS 1,00,000.

SLAB-C =ABOVE RS. 26,00,000--------------------@RS1,200/RS 1,00,000.

SLAB-D = FIXED --------------------------------------------------------RS 200

e.g. COURT FEES FOR RS. 30,00,000, 40,00,000, 50,00,000, 75,00,000 AND 1,00,00,000 ETC. CAN BE CALCULATED AS UNDER:- 

VALUESLAB-ASLAB-BSLAB-CSLAB-DTOTAL

(A+B+C+D)

30,00,00031,23022,000 4,80020058,230
40,00,00031,23022,00016,80020070,230
50,00,00031,23022,00028,80020082,230
75,00,00031,23022,00058,8002001,12,230
1,00,00,00031,23022,00088,8002001,42,230

The Court Fee Above 2CR 39LAKH is RS 300,000/- that means maximum court fee is 3 lakh only

For Court Orders in Favor of Home Buyers and Aggrieved Flat Owners in Redevelopment Project  click the link below

http://wakeupindia-designer.blogspot.in/2016/09/consumer-court-case-order-in-favor-of.html 

http://wakeupindia-designer.blogspot.in/2016/03/hc-pulls-up-aa-estate-pvt-ltd-arm-of.html

Issued in Public Interest by
Sulaiman Bhimani
9323642081
sulaimanbhimani11@gmail.com 

RNA Cartoon

 

"Victims of RNA Corp." OR Victims of Any Unscrupulous Builder, What are the options available for Home Buyer and Aggrieved Flat Owners in Redevelopment Project

How to File a  against a Builder, What are the options available 

Any citizen can file a case against a developer. There are several options and situations under which a property buyer can file a complaint. Types of complaints are:

  1. EOW
  2. Consumer case
  3. Suit for Specific Performance of Contract

On the following grounds in which a property buyer can drag an incompetent property developer on violations/ breach of ground

  • Non-execution of relevant sale agreement despite having received a substantial advance amount
  • Non-issuance of copies of all relevant documents viz.; development agreement, power of attorney, sanctioned plan (by concerned Regional Authorities), specification of construction materials/design as per sanctioned plan and any other relevant documents
  • Charged higher than the agreed amount
  • No issuance of proper receipt(s) against the paid amount
  • Poor quality construction
  • Delivering of a house not complying to agreed specifications
  • No free parking space within the premises
  • Did not form a co-operative housing society and handed over to members
  • Non-provision of water storage tank
  • Non-provision of proper ventilation and light
  • Delayed possession beyond the stipulated time limit
  • Not obtaining completion certificate from the concerned registered (by the authorities) architect
  • Non-issuance of Occupancy Certificate at the time of delivery of respective flats/house to its occupants
  • Non-declaration of expenses against which the developer collected money

And many more…

Any project falling short of above listed causes home buyers to approach for remedy from options available 1 to 5 

1) Cheating Case (EOW) - Jointly or Individually Legal Complaint

2) Cheating Case (EOW) with Private Complaint to the Metropolitan Magistrate (MM)

3) Specific Performance in High Court

4) National Commission if agreement value is more than 1 Crore (New Delhi)

5) State Consumer if agreement value is less than 1 Crore (Mumbai)

How to file a complaint against a builder in the Consumer Court? 

With builders coming under the clause of being a service provider, the process of filing a consumer court complaint against them is the same as with other service providers. To file a complaint, you need to adhere to the following steps:

  • Send a well drafted Legal Notice to the builder stating your reasons of discontent
  • Await for a response for the stipulated time from the other party
  • On no-response, prepare a petition stating facts and evidences with the help of expert legal advice
  • Approach the Consumer Court and file your petition against the builder

As per a judgement passed by the National Commission in the case of Jayantabhai Ranka and Arunaben Kapadia vs Ravi Developers, the Commission pointed out that the cause of action on the builder continues till the allotment of the site or full refund of money on refusal to allot.

This means, no matter how much the delay, the builder is liable to properly honour his service agreement. The other important point that this particular case also highlighted is that ‘each property developer is liable to execute an  agreement for sale’. And failure to do so can be a cause of action against the builder in the Consumer Court.

You may simultaneously approach EOW with legal advice along with Consumer Court Case

1) Cheating Case (EOW) - Jointly or Individually Legal Complaint

2) Cheating Case (EOW) with Private Complaint to the Metropolitan Magistrate (MM)

This option of specific performance in High Court is little expensive but result oriented all you need a good Advocate and result can be expected in 4 to 8 months where as in consumer court it may take 12 to 24 months

This option is expensive as you have to pay court fees the upper cap of the court fee is Rs 3 Lakh the court fee structure calculation table is given for your reference

COURT FEE SLABS

SLAB-A = FIRST RS. 15,00,000 --------------------------------------- RS 31,230.

SLAB-B = RS. 15,00,001 TO RS. 26,00,000-------@RS 2,000/RS 1,00,000.

SLAB-C =ABOVE RS. 26,00,000------------------------@RS1,200/RS 1,00,000.

SLAB-D = FIXED -------------------------------------------------------------RS 200

e.g. COURT FEES FOR RS. 30,00,000, 40,00,000, 50,00,000, 75,00,000 AND 1,00,00,000 ETC. CAN BE CALCULATED AS UNDER:- 

VALUESLAB-ASLAB-BSLAB-CSLAB-DTOTAL

(A+B+C+D)

30,00,00031,23022,000 4,80020058,230
40,00,00031,23022,00016,80020070,230
50,00,00031,23022,00028,80020082,230
75,00,00031,23022,00058,8002001,12,230
1,00,00,00031,23022,00088,8002001,42,230

For Court Orders in Favor of Home Buyers and Aggrieved Flat Owners in Redevelopment Project  click the link below
http://wakeupindia-designer.blogspot.in/2016/09/consumer-court-case-order-in-favor-of.html 

http://wakeupindia-designer.blogspot.in/2016/03/hc-pulls-up-aa-estate-pvt-ltd-arm-of.html

Issued in Public Interest by
Sulaiman Bhimani
9323642081
sulaimanbhimani11@gmail.com 

RNA Cartoon