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The activities of the builders and the housing developer are most of the
times annoying. Most of the times they refuse to listen and care about
the buyers; they follow and keep doing what they think right that too
with force. In that case, the buyers may feel helpless, even scared to
take any action against them. It is suggested that if any person has any
grievance against the builder or the housing develop the person should not fear and sit quite rather he or she should follow the below mentioned steps:
The person should let the builder know about the grievance and send a notice to the builder in writing.
The builder may refuse to accept the notice. Even in that case also there is nothing to be scared of. The proof of the notice i.e. the copy of the notice is to be retained and should be sent by registered post or Under Postal Certificate. The proof of the sending should also be retained.
The evidence of sending the notice is legitimate in the Consumer Court under Section 28A (3) of the Consumer Protection (Amendment) Act of 2002 and will be affirmed as the notice has been suitably served.
Any person can file a complaint against the builder, developer, housing with the consumer court under the following circumstances:
Delivered a house that does not comply with the specifications agreed upon.
Did not provide for free parking space within the compound / complex.
Charged higher than agreed amount.
Did not form co-operative housing society and handed it over to its members.
Did not provide for water storage tank.
Did not give a receipt against the paid amount.
Did not provide for enough ventilation and light.
Delivered a poor quality construction.
Did not deliver the house within the agreed time limit. If time limit not mentioned, it is assumed that the construction will be finished within maximum of 2 years from the date of start of work.
Did not give accounts for the expenses against which the builder has collected money, i.e. maintenance, electrical installations (transformer), etc.
The person should let the builder know about the grievance and send a notice to the builder in writing.
The builder may refuse to accept the notice. Even in that case also there is nothing to be scared of. The proof of the notice i.e. the copy of the notice is to be retained and should be sent by registered post or Under Postal Certificate. The proof of the sending should also be retained.
The evidence of sending the notice is legitimate in the Consumer Court under Section 28A (3) of the Consumer Protection (Amendment) Act of 2002 and will be affirmed as the notice has been suitably served.
Any person can file a complaint against the builder, developer, housing with the consumer court under the following circumstances:
Delivered a house that does not comply with the specifications agreed upon.
Did not provide for free parking space within the compound / complex.
Charged higher than agreed amount.
Did not form co-operative housing society and handed it over to its members.
Did not provide for water storage tank.
Did not give a receipt against the paid amount.
Did not provide for enough ventilation and light.
Delivered a poor quality construction.
Did not deliver the house within the agreed time limit. If time limit not mentioned, it is assumed that the construction will be finished within maximum of 2 years from the date of start of work.
Did not give accounts for the expenses against which the builder has collected money, i.e. maintenance, electrical installations (transformer), etc.
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Yesterday we met with M/s Earth at sec-16 Noida regarding the issues of
cancellation letters to buyers. In this regard we met with ms Magandeep
Kaur(Customer Care Head) for Noida & a Sr. Management concern staff
but she refused to tell her name.
Director of Earth Mr.Atul Gupta is out of station & will come in office on Monday & fix a meet with him as per their words. During the discussion we have asked the following topics:
1.How many cancellation letters have u sent to buyers but refused to tell bcz right now they don’t have the data & Monday we will tell after the discussion from management.
2.Why have u send the cancellation, she said already we have send 3 reminder letters to buyers but they have not replied besides this she said we have sent cancellation in oct also & we will send to some other buyers also in future who has not followed their terms.
3.As we said all builders are calculating 10% of BSP then why r not adopting the same in this regard she said our criteria of loan is 75% & for the same I said have u mentioned in buyers form but she said it not cleared to me.
4.One thing she said u come with case to case basis & if buyer will right we will take back our decision but only as sympathy as I feel.
Conclusion: Besides above all points we have raised so many questions to both person but they are not ready to cooperate with the buyers which is totally unethical & myself as a buyer &Vice President NEFOMA hereby oppose to this type of all builders & never bear this kind of activity. Now buyers are requested to please update your problem in NEFOMA site so that we can have a study with our lawyer also regarding these issues & all buyers must have to be united this time.
Appeal: To all buyers please be united & don’t think that this is not our project then why to go & waiste our time instead of this always think this situation may come with any one & at that time we can b on the same type of situation so support each other.
Director of Earth Mr.Atul Gupta is out of station & will come in office on Monday & fix a meet with him as per their words. During the discussion we have asked the following topics:
1.How many cancellation letters have u sent to buyers but refused to tell bcz right now they don’t have the data & Monday we will tell after the discussion from management.
2.Why have u send the cancellation, she said already we have send 3 reminder letters to buyers but they have not replied besides this she said we have sent cancellation in oct also & we will send to some other buyers also in future who has not followed their terms.
3.As we said all builders are calculating 10% of BSP then why r not adopting the same in this regard she said our criteria of loan is 75% & for the same I said have u mentioned in buyers form but she said it not cleared to me.
4.One thing she said u come with case to case basis & if buyer will right we will take back our decision but only as sympathy as I feel.
Conclusion: Besides above all points we have raised so many questions to both person but they are not ready to cooperate with the buyers which is totally unethical & myself as a buyer &Vice President NEFOMA hereby oppose to this type of all builders & never bear this kind of activity. Now buyers are requested to please update your problem in NEFOMA site so that we can have a study with our lawyer also regarding these issues & all buyers must have to be united this time.
Appeal: To all buyers please be united & don’t think that this is not our project then why to go & waiste our time instead of this always think this situation may come with any one & at that time we can b on the same type of situation so support each other.
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We would like to point out some issue which are still require to be removed from the way, for a better future.
ISSUE NUMBER 1
As we all know that the some petitions of the farmers are pending before the Hon’ble Supreme Court of India as Special Leave petition against the Judgement passed by the Hon’ble High Court of Allahabad. Technically the Order of the Hon’ble High Court was passed with a view to resolve the issue by mediation with the Noida Authority, Farmers, Builders & Buyers and accordingly thereafter all the activities are persuading by NOIDA Authority.
The fact behind this is that the Land acquisition process adopted by the Government was never appreciated by the Hon’ble High Court and being the reason thereof the SLP is pending before the Hon’ble Supreme Court.
As per sources, we, (buyers) is not a party in any of this petition to pray before the Hon’ble Supreme Court and bring the correct facts about the Buyers of the Noida Extension. Undisputedly, we are the main effected parties who had invested a lot of our hard earning for our dreams. Please note, once the hearing of the petition will over and if we could not raise our hands before the Hon’ble Supreme Court to look after the interest of the buyers also then we may loose what we are expecting.
ISSUE NUMBER 2
The next issue shall come immediately after resolving first issue in our favour i.e. In respect of the hike in prices, Please note as this issue is lying between the authority and builder but there is no undertaking given by any of the builder to not to hike the prices of the existing buyers in future and after resolving the point no.1 they may be decline, compromise with the quality, or demanding enhance money to complete the Flat in all respect.
Please note these above are the basic issues and various other issues may also come in the timeline.
we hereby request to all the members of the NEFOMA to be unite all times and first of all raise your hands on the issue no.1 which is immediately required to pay attention.
Thanks
Team NEFOMA
BY Mr.Sajeev Srivastava
Advocate Supreme Court Of India.
ISSUE NUMBER 1
As we all know that the some petitions of the farmers are pending before the Hon’ble Supreme Court of India as Special Leave petition against the Judgement passed by the Hon’ble High Court of Allahabad. Technically the Order of the Hon’ble High Court was passed with a view to resolve the issue by mediation with the Noida Authority, Farmers, Builders & Buyers and accordingly thereafter all the activities are persuading by NOIDA Authority.
The fact behind this is that the Land acquisition process adopted by the Government was never appreciated by the Hon’ble High Court and being the reason thereof the SLP is pending before the Hon’ble Supreme Court.
As per sources, we, (buyers) is not a party in any of this petition to pray before the Hon’ble Supreme Court and bring the correct facts about the Buyers of the Noida Extension. Undisputedly, we are the main effected parties who had invested a lot of our hard earning for our dreams. Please note, once the hearing of the petition will over and if we could not raise our hands before the Hon’ble Supreme Court to look after the interest of the buyers also then we may loose what we are expecting.
ISSUE NUMBER 2
The next issue shall come immediately after resolving first issue in our favour i.e. In respect of the hike in prices, Please note as this issue is lying between the authority and builder but there is no undertaking given by any of the builder to not to hike the prices of the existing buyers in future and after resolving the point no.1 they may be decline, compromise with the quality, or demanding enhance money to complete the Flat in all respect.
Please note these above are the basic issues and various other issues may also come in the timeline.
we hereby request to all the members of the NEFOMA to be unite all times and first of all raise your hands on the issue no.1 which is immediately required to pay attention.
Thanks
Team NEFOMA
BY Mr.Sajeev Srivastava
Advocate Supreme Court Of India.
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We Noida Extension Flat Owners and Members Association (NEFOMA) had a
Meeting at our Office in C-66, Ist Floor, Sector-9, Noida-201301, Uttar
Pradesh, India
We are excited to announce the addition of the new member to the NEFOMA Executive Body.The new executive body of NEFOMA are :-
1. Annu Khan ( President )
2. Sanjay Nainwal ( Vice President )
3. Rajan Mishra (General Secretary )
4. Ms.Madhu Diwedi ( Secretary )
5. Mr.Vivek Chadda
We all know that Noida Extension buyers belong to middle class family.From last one year we are having sleepless nights and are facing mental, physical and financial torture without any fault. Some of such buyers came in contact with NEFOMA from last few months who have very low paid salary and paying rent as well as EMI in hope of getting their homes soon.They expressed their heart touching situation and became very emotional while sharing builders related problems with NEFOMA. In this regards we have form our legal department.
The following four people are elected as new members of the Legal Team of NEFOMA
1. Mr.Manoj Kumar
LLB.MBA,FCS
Advocate & Legal Consultant
Supreme Court of India
2. Mr.Sanjeev Srivastava
Advocate
Supreme Court of India & Delhi High Court
3. Mr.Abhishek
Advocate
Delhi High Court
4. Mr.Ravi Kumar
Advocate
Member Delhi Bar Council
Thanks &
Regards.
On behalf of Noida Extension Flat Owners and Members Association (NEFOMA)
Mr.Vijay Trivedi ( 9958082973 )
Dy. Chairman
Date:22nd July-2012
We are excited to announce the addition of the new member to the NEFOMA Executive Body.The new executive body of NEFOMA are :-
1. Annu Khan ( President )
2. Sanjay Nainwal ( Vice President )
3. Rajan Mishra (General Secretary )
4. Ms.Madhu Diwedi ( Secretary )
5. Mr.Vivek Chadda
We all know that Noida Extension buyers belong to middle class family.From last one year we are having sleepless nights and are facing mental, physical and financial torture without any fault. Some of such buyers came in contact with NEFOMA from last few months who have very low paid salary and paying rent as well as EMI in hope of getting their homes soon.They expressed their heart touching situation and became very emotional while sharing builders related problems with NEFOMA. In this regards we have form our legal department.
The following four people are elected as new members of the Legal Team of NEFOMA
1. Mr.Manoj Kumar
LLB.MBA,FCS
Advocate & Legal Consultant
Supreme Court of India
2. Mr.Sanjeev Srivastava
Advocate
Supreme Court of India & Delhi High Court
3. Mr.Abhishek
Advocate
Delhi High Court
4. Mr.Ravi Kumar
Advocate
Member Delhi Bar Council
Thanks &
Regards.
On behalf of Noida Extension Flat Owners and Members Association (NEFOMA)
Mr.Vijay Trivedi ( 9958082973 )
Dy. Chairman
Date:22nd July-2012
