Posts

LR 26 : Delay in delivery of reserved order is not a bad sign

    Today I saw another sign of worry and disappointment from one of our members, Shri Deepak Kumar. He expressed his disappointment over delay in delivery of reserved order on La Residentia by the honourable supreme court. I felt that I should express what I know and what I feel so that his worries may be reduced. I have told most of my points earlier also, adding only a few today. Since my old post is lost among a series of other posts, this time I decided to post on blog so as to keep it readily available as and when required or searched . It is a common query of most of   members as to what is happening in supreme court and when will the reserved decision will be delivered.Also, what is the next date. The next date is fixed on 22-3-2021. Since order was reserved on our issue of 8 feb 2021, hearing has been done on 22/2/21,4/3/21 and 5/3/21 dates. As I have already written there are many issues to be resolved, in the Amrapali case. As we all know supreme co...

LR 25 : THREE THINGS WE SHOULD DO TO TEACH LESSON TO THE BUILDER

  So far we have been only seeking justice for ourselves without being aggressive on the builder. We have allowed builder to go tower-wise with innocent and unaware buyers , while ourselves, parallelly pursuing our case in SC. We have not raised the point in court how only 632 units are remaining unsold and all remain are sold. We have not checked whether 632 units really make 19.75% of they are somewhat short of 19.75%. But now since the builder is trying to put obstacles in our way and trying to complicate and divert the case, it is our foremost job to silent him ,by pressing his weak nerves. What exactly  should  we  do .Let me elaborate 1.  First action is to  ask builder to disclose his unsold units: When forensic auditors discovered that Stunning construction who is a self-declared unit of Amrapali ( figuring in the list of 40 projects declared by Amrapali),has 19.75% share in LR project, LR was told to surrender 19.75% of their assets. Now LR go...

LR 24 : How to oppose tower wise proposal in limited time during Supreme court hearing

  Many of our members want that our advocate should be told to strongly oppose the process of tower wise construction. I have also written scattered blogs against tower-wise construction. Here,in short, I am trying to summarize the most significant   points so that our advocate may pick what he feels useful for telling in court 1.        Builder has no financial capacity to complete tower wise construction even if some innocents buyers are ready to give all balance amount in advance. This is evident from the following facts : a.        The payment from buyer side is hardly 10% of the total fund requirement. If claims he can add 90% , where is the money? If there is money why is he requesting SC to lift ban from selling 632 units which he already has admitted that belong to Stunning Construction. In this regard Rameshji has added that prior to 23-7-2017, when all 632 were under him , why did he not try to use the...

LR 23 : Solid reply to builder's claim about Amrapali, La Residentia and Stunning relation and Heart Beat City

  The builder is trying his best to confuse people about separate identities of Amrapali ,La Residentia and Stunning. He is also claiming that there is no similarity between LR and Heart Beat City As per builder,  ALR minus Stunning is equal to La Residentia But the findings of forensic audit as mentioned clearly in court order dated 23-7-2017 are not what the builder thinks. What are the findings in this regard which is already a part of Supreme Court judgement, let's see Preliminary submission 4 : LR is not similar to Heart Beat City ALRFBWA: There are a number of similarities. Both were not present in the initial list of 40/46 companies given by Amrapali. The only difference is that LR case was not  presented while HBC case was being presented. This was because buyers were not having idea and knowledge and were not organized as an active association as they are today. Even the Honorable Supreme court , in elaborating the findings of forensic audit, in the past judgment...

LR 22 Why do I consider Tower-wise construction as illegal and unethical

  There are 7 reasons for which I consider the Tower-wise construction adopted by La Residentia Developers , as illegal It violates the original agreement's payment  condition which specifies how much money is to be paid at what stage of construction. The buyer under this new arrangement is paying advance instalment of Rs. 2 lakh approx which the builder should treat as a loan and pay interest thereupon.Also bankers who are releasing loan instalment should acknowledge that there cannot be two agreements between the same builder-buyer for the same flat.Those who want a new agreement have to cancel the old one. Bankers have followed original agreements and demand letters as per progress of work as basis for payment. Now , suddenly they are disbursing loan without any work being done. It also makes them unsafe. But the bankers are under influence of builder's money and completely ignoring this basis requirement of security for loan.This violation of agreement should be taken cogn...

LR 21 : बिना स्ट्रक्चरल स्टेबिलिटी की जांच कराए टावर का काम कराना कितना जोखिम भरा है

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यह संदेश उन लोगों को सावधान करने की लिए  है जो बिना स्ट्रक्चरल स्टबिलिटी टेस्टिंग कराए ही किसी ऐसे अधूरे टावर  मे दुबारा काम शुरू करने जा रहे हैं जिसका काम पिछले   3-4 सालों    या  उससे अधिक समय से रुका पड़ा है । मैं “ सावधान”   शब्द का प्रयोग  कर रहा हूं क्योंकि मैंने कोलकाता में विवेकानंद फ्लाईओवर का मामला देखा है, जिसमें निर्माणाधीन फ्लाईओवर अचानक नीचे गिर जाता है और गिरते हुए भारी भरकम ढांचे के भार और आघात से नीचे सड़क पर चल रहे कई लोग दबकर,कुचल कर मर  जाते है . यह भयावह हादसा 31-3-2016 को सुबह 10 बजे हुआ जब मैं कोलकाता मे ही रहा करता था । खबर फैली कि  जहां पर ढांचा गिरा है वहाँ कुछ दिन पहले ही सिमेन्ट कंक्रीट की कास्टिंग हुई थी। सभी यही मान  रहे थे की ठेकेदार ने सीमेंट कम डाला होगा और ढलाई , फार्मवर्क हटाते ही गिर गई होगी ।  उत्सुकतावश जब मैं घटनास्थल पर गया तो दुर्घटना का एक अजीब कारण दिखा । दुर्घटना का कारण चल रहे काम मे कम सिमेन्ट डाला जाना नहीं था ।      लगभग 7 साल पहले शुरू किया गया काम कुछ विवादों...