Dated: - 26-06-2023
To,
Hon’ble Vice President of INDIA
Government of INDIA, New Delhi-110001
Subject:- Urgent Intervention needed to protect citizens from the Builders/Developers and
for speedy disposal of court cases and also not to have litigation in future against
builders/developers along with tough legal and regulatory audits along with heavy penalty
and cost.
Respected Sir,
I am a law-abiding citizen of this country having highest regard for the law of the land and
I am seeking your cooperation and urgent assistance on priority on bringing down the
pendency and speedy disposal of consumer commission’s cases , tribunals cases, civil and
criminal court cases.
It would take place once the government along with the judiciary tightens the law and
makes the builder/developer accountable and checks and balances take place on priority.
Stringent law is needed to keep accountability along with checks and balances in place. A
legal and regulatory audits needs to be taken place every quarter of all the
builders/developers, real estate giants with tough guidelines in place. If the legal and
regulatory audit does not take place a heavy penalty and cost should be imposed.
The reason I am writing this letter is because a lot of builders/developers, infrastructure
companies are now just doing white collar crime and cheating.
The builders/developers are also indulging in
1. Deficiency in services and unfair trade practice
2. Criminal Conspiracy with total fraudulent intention and exercised deceit.
3. Change and alteration of plan, layout, specifications, area and design of the proposed
booked space.
4. Delay in construction
5. Terms of Agreement wholly one-sided and unfair
6. Misleading advertisement and false pretext, assurances, promises and representations
7. Failure of getting shops/offices converted from leasehold to freehold as per agreement
as they did not have clear title of the property.
8. Failure to make it a Shopping cum Entertainment complex and turning it into office
complex.
some big dominant builders, developers, housing companies are taking a SHIELD in the
law and are not being held accountable as there are no checks and balance in place and
more court, commissions and tribunal’s cases are just piling up.
This would even generate revenue generation for the government when taxes are paid on
interest given as compensation and in interest of the economy instead of the builder,
developer misusing the funds.
Also some builders/developers and real estate giants have a lot of financial irregularities
which are not checked.
The builders/developers, real estate giants are also NOT reporting and also NOT making
mandatory disclosures about the pending and new court cases and commissions/tribunals
details of all the cases to government agencies on the pendency of the consumer commission
cases ,tribunals cases, civil and criminals court cases to various government departments
and agencies like RERA, SEBI, RBI, Company Law Board, Tribunals & Commissions,
judiciary, financial institutions, banks, income tax department, enforcement directorate,
police, local development authority's etc. The said data should be complied and strictest
action should be taken against the defaulters, cheaters, fraudsters, money launders etc.
Even the courts, commissions, tribunals should exchange the data with the government
authorities, financial institutions etc. A legal and regulatory audits needs to be taken place
every quarter of all the builders/developers, real estate giants with tough guidelines in place
on priority. If the legal and regulatory audit does not take place a heavy penalty and cost
should be imposed.
The builder/developer should even mention on their websites about the number of pending
litigations in all the courts, commissions and tribunals with all the details of the case of all
the group and subsidiary companies along with the legal and regulatory audit reports in
public.
A consumer commission’s complaint should also be treated as a criminal court case against
the said builders/developers, real estate giants and its associates, Directors and senior
managers, group and subsidiary companies etc.
Most importantly
The Government and it's agencies along with authorities should NOT allow them to
construct, develop or build more buildings, real estate and infrastructure projects which
have more than 5 (FIVE) consumer commissions complaints, poor legal and regulatory
audit reports, civil and criminal court cases, tribunal cases pending against the
builder/developer, real estate giants and its associates, Directors and senior managers,
group and subsidiary companies etc.
Even the builder/real estate companies along with its subsidiaries should inform SEBI,
financial institutions, banks on the court, commission ,tribunal cases, legal and regulatory
audit reports so financial institutions, stock market etc are aware about the company's
debt and its real status so more citizens don't fall in the trap of builders/developers etc.
The said developers/builders, real estate and infrastructure giants including the directors,
subsidiary companies should also be not allowed in participating in government tenders,
auctions, bids and works.
The reason I have written the same is that real estate developers and builders are NOT
taking the tribunals/ commissions and courts seriously and are lingering around with
litigations as they have battery of lawyers and law firms empanelled to protect them and do
NOT FEAR any law and are cheating more and more consumers and citizens as there is no
accountability and checks and balances in place.
The Real Estate builder and developers lobby is so strong and has money power that they
even try to influence the judges of tribunals/ commissions and courts etc.
Once we have some accountability and checks and balances along with stringent law takes
place on priority. I am sure the builders would even try to settle the matter on priority,
execute the judgments and orders on time and it will bring down the pendency rate also in
litigation at both the tribunals/commissions and at the Supreme Court of INDIA also.
Hope you would look into the same on priority and implement.
And if possible give me an appointment so I can meet you in person and explain my
concern better and discuss more from a citizen’s point of view.
Thanking you
Karan Aggarwal
D-147, East of Kailash, New Delhi-110065. INDIA. MOB- 9350006580
