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 them for arranging funds. It clearly shows that his intention is simply to save those 632 units from being auctioned and nothing more

b.       Even if builder arranges some money, he has to pay to bank as well as to authority He will not be able to do construction work without clearing their dues.Towards the buyers also he has the liability to pay delay charges.

c.       If he does not clear the dues of authority, his CC will not be accepted and OC will not be issued to buyers. Legally, buyers cannot occupy any unit without OC.

d.       If builder has funds in hand why is he not starting construction without advance payment from the buyers. He has after all signed an agreement to do construction and take payment as per an agreed payment plan.His dependence on one advance instalment shows that he is internally bankrupt.

e.       As a businessman why will he construct a flat by spending 20 lakhs and getting 2 lakhs if time is counted from now.All old payments are already spent/wasted by him.

2.       The builder is expecting a miracle to happen in his favour because he is challenging the forensic audit as well as the SC judgement dated 23-7-2017.

3.      The builder is not taking any measure to test the structural stability of the building before re-starting work on a structure which remained exposed to weather for more than 4 years .This issue should be taken cognizance of by Hon'ble Supreme court because the NBCC works are being done after necessary testings.

4.      There cannot be two agreements for the same flat between the same 2 parties. Those who are not joining builder through a new MOU, their towers cannot be left unconstructed because the old agreement is already valid. Supreme court should put a ban on such discriminatory and selective construction, defying a signed and registered agreement.

5. After booking all towers, now they are talking in terms of Phase 1,2 and 3. At the time of booking , the never told that flats would be constructed in order of Tower number. Every buyer was given a time of 3 years for completion of his tower. Even now for phase 3 towers there is no initiative. rather lot of waste water is being allowed to accumulate there causing continuous harm to the buildings.If such phase wise initiatives and towerwise construction is done, mpst buyers would not be avle to see their units ready within their life of  of 5-20 years from now.

i am updating this blog continuously. please read it again if you read it early. please write what to add in the COMMENT SECTION by clicking on '  POST A COMMENT' in the lower left portion of the blog .I will add your point and update it for viewing by all .It is the blog of this group not of mine alone