About Us.

We the flat owners of Apeksha Residency got united to fight a case against the builder in Consumer Dispute redressal Forum. None of us have seen any real Court room before. We have only seen the court room in TV / films. We have volunteered with commitment to fight this case legally.

We drafted the OVERVIEW of our grievances and problems to discuss with the lawyers. See now our updated OVERVIEW. We approached 7to 8 lawyers and discussed our problems. We tried to select a lawyer who is not well known to the builder. We selected a law firm. Their lawyers were very helpful in guiding us.

Every query from the opposite party were answered by us in writing for lawyers to draft the response in legal language. This ensures that no one need to depend on memory. We expressed our views very freely. Luckily our lawyers would not mind our arguments. Some lawyers feel offended when we argue. Lawyers argument will prevail as he is the expert in his field.

We attended every hearing . That shows our sincerity and Respect for the Rule of Law. OP was not sincere and he / his lawyer remained absent for number of hearings. What ever we said and wrote in the Forum was nothing but truth that too with documentary and photographic proof. Ultimately Truth prevailed. See the Judgment of DKD CDRForum.

Now, we have a very good experience of dealing with a case in consumer Forum. We now have lots of information on the subject. We felt that we should share our experience and information with others so that flat buyers may not get cheated by the builders unknowingly. We collected lot of information on the cheating involving Builders/Developers. It is necessary to know how the real estate operators mislead people so easily. We developed this CD for spreading the knowledge / information, we gathered, to all others. If you read few SC judgments and news reports we have presented in this CD, you will observe that Courts do not take cases of illegal construction lightly.

SC considers that the professional builder who violated approved building plan/ building licence is deliberate and deserves heavy penalty in case no: 12984 of 1996.

SC ordered demolition of 3 floors - build with out proper permission (in Guwahati) in case no 1782 of 2009. SC stated " The instant case is not a case of breach of contract. It is a clear case of breach of the obligation undertaken to erect the building in accordance with building regulations and failure to truthfully inform the warranty of title and other allied circumstances."

SC opined in case no:3302 of 2005 that "The builder cannot be permitted to avoid or escape the consequences of his illegal acts. The obligation on the part of the builder to secure a sanctioned plan and construct a building, carries with it an implied obligation to comply with the requirements of municipal and building laws and secure the mandatory permissions/certificates. (Para - 25)"....
"27.......... If it (completion certificate) is not issued, the builder owes a duty to make necessary application and obtain it. If it is wrongly withheld, he may have to approach the appropriate court or other forum to secure it. If it is justifiably withheld or refused, necessarily the builder will have to do whatever that is required to be done to bring the building in consonance with the sanctioned plan so that the municipal authorities can inspect and issue the completion certificate and also assess the property to tax. If the builder fails to do so, he will be liable to compensate the complainant for all loss/damage. Therefore, the assumption of the State Commission and National Commission that the obligation of the builder was discharged when he merely applied for a completion certificate is incorrect."

We are aware that our democracy may not be perfect, but alternative would be Dictatorship as in Somalia, Pakistan, African countries. No one would like to have dictatorship we witness in Pakistan, Somalia, North Korea, Cuba etc. We -argumentative Indians-love freedom of speech. We love to comment on everything around us. Therefore, we the educated people should strengthen the Rule of Law, which is essential for the success of Democracy. Belief in Rule of Law and fairplay only can make our country a Powerful Nation in the world. By not adhering to rule of law we encourage corruption which is actually anti-national activity. This should be realised by at least sensitive Indians.

We celebrate Diwali every year. See photos of Diwali celebrations.

See the list of our Members.

Contributors of the contents in this website:

Acknowledgment

Acknowledgment