Complaint against ncdrc members

1. Was the district forum ruling in your favor ?

2. Was the State commission ruling in your favor ?

3. Why was it remanded ? There must have been some strong reason. Did it come before Shireesha and D.K.Jain ?

4. Did you tell the National Commission that it is a CONCURRENT verdict ( if both district and state ruled in your favour ) ?

5. Who appealed / filed the RP at the National commission ? You or the builders ?

6. Was the matter admitted into due course ? If yes, how many years did the matter come up for hearing ?

7. Have you explored options of filing a cross-appeal for additional costs to be given to you by the OP, due to prolonged litigation ?

In fact remand can be a blessing in disguise unless the state commission interprets it as the ego of the national commission, being rubbed and out of fear, passes a changed verdict. So the state commission head being fearless and assertive about his/her earlier judgement plays a major role. ( Yes, your patience wearing thin is a natural outcome, but the psychological pressure to make you quit is what litigation is all about in today's legal scenario ).

8. There are many advocates-on-record ( supreme court ) practising in every city. Have you discussed appeal option ? 

Complaining to the PMO will not hold water since judiciary's role is not interfered with by the legislature.

That is the democratic set-up in India. The two ( judiciary and legislature ) are two different pillars.

You did a blunder by complaining to the PMO who will just direct it for COMMENTS/ REPLY to the judiciary and pass on that reply to you or might even plainly say it is outside of their scope of authority.

You should file an RTI with the Ministry of Legal Affairs and seek a query in such a way that the judiciary does not issue a reply that it is within their powers to pass judgement as deemed fit by them and that you can appeal to the supreme court and that the doors are not closed and that your time, money and energy are of no consequence to them.

You can file the RTI but I suggest you work with an advocate-on-record ( supreme court ) and if merits weigh heavily on your side, you may win big-time.

Complain to President; NCDRC.

dear Mr Natarajan Iyer

Thanks for your queries.The case was filed before Karnataks state commission.against builders for collecting excess payments over amount per sale agreement. It was dismissed saying it does not come under consumer Act. On appeal NCDRC directed State commission to take on board all three cases. Later State commission gave verdict in our favour. Builders appealed against the order. National commission admitted the appeal of builders and our appeals or enhanced compensation for 50% violation in FSI etc. The admission was subject to payment of decreed amount and they refused admission till amount was deposited.. Then another  First Bench admitted the appeal after decreed amount was deposited. The remand order was a product of collusion between the NCDRC  members and the advocate for OPs at Bangalore (Bench ). Sending particulars. Please reply after reading my complaint to PM. President office closed the case as NCDRC said they have done per procedure etc.

dear Sir

Forgot to enclose. Now my complaint is enclosed. Thanks.

S Ramanathan

Mr.Ramanathan, You have been thoroughly mis-guided and taken on a whirl-wind tour.

Hmmm...Now let us see how to untie this knot.

1. Prepare a synopsis on one single sheet of paper. Chronological table. Prepare a synopsis first.

2. Yes state commission it must have come before Justice Indrakala. She is knowledgeable and unbiased. You could have met her in her chambers and appraised her of the matter. Between 2:30 to 2:50 noon, you could have met her. That is lunch-time ( 2 to 3 ).

3. Yes, this is purely a criminal case. So, 75/25. 75 % criminal nature. 25% consumer forum.

4. Ok, now you have clearly mentioned time, age, money and energy as the constraints.

Immediately you have to approach an advocate and file a PCR and the police begins investigation and if the other affected victims sign and agree to their name too being mentioned as victims, then all the more stronger a case on your side.

BSK police inspector is Krishna now. Listens patiently. But we do not know the pressure from builders. So meet the DCP ( South ) ( Jayanagar South-End Circle ) and this should be after the PCR.

same day, meet the DCP and request him to put in a word to the inspector for IMPARTIAL ENQUIRY AND INVESTIGATION.

But, the builders will try all pressure tactics. Do not worry. The Police report to the court can also be contested.

But a PCR will bring lot of pressure upon the builder and in all probability the builder might arrive at a compromise. MIGHT. not sure though. But worth a try.

5. Find out from the National Commission ( RP section - Mr.Bireshwar Chatterjee- 011-24608757 ) when the circuit bench is present at Bangalore. On that day, present your prayer.

A day or two before that, meet Radhakrishna ( PS to the Karnataka State Commission Judge - President ) and see how you can fit in your prayer to the circuit bench.

6. There is a procedure called - CIRCULATION WITHIN CHAMBERS - at the National Commission. What happens is that any of the presiding members would look at your file and without the necessity to put it into due course, they might if there is sufficient merit in the case, decide upon the case verdict within chambers itself and dispose off the matter.

Your advocate should have guided you on that count ( If he knew that it exists. The notice board at the National Commission on your right side, on the ground floor, clearly mentions list of cases for CIRCULATION WITHIN CHAMBERS. At least your curiosity should have been aroused and driven you to seeking more information about that ).

Anyway now that is spilt milk.

The moment State Commission passed the order, your advocate should have moved the Execution Petition immediately and bring pressure upon the builder.

Anyway, he has deposited an amount and must have obtained a stay.

Anyway now that too is spilt milk.

They have already remanded. So, afresh you have to start justifying yourself and presenting your facts again.

You meet Justice Indrakala of the state commission in her chambers and present a brief one page chronological table based synopsis and request her to look into your file from a new perspective, given your age.

Criminal Case, you have to file. There is no other way out to bring pressure upon the builder. Also, milk is milk and curd is curd. So, criminal offence is criminal offence and not civil offence.

So, you have to file a criminal case against the builder.

Do not get scared. All sound tactics vanish when you submit an additional letter to the police for police protection and when matters go sub-judice.

Even otherwise, those heroes of the Mahabharatha days are gone. These fellows just have a huge body and a group with no stuff inside. But you have to always maintain your standard and involve the police whenever these vagabonds threaten.

Even sending letter to the police by speed post is enough. Repeated letters, if threatened, the police will warn the builder to stay away and he better do it.

Just do not fear.

for him, it is easy money. for you it is hard-earned money.

He is NOT CAPABLE of understanding your pain and position. You CANNOT accept his corrupt  ways.

so, between his capability and your acceptability, the gap that can never be bridged sees the water of time, money and energy flow away wastefully.

But if you do not file a criminal case, it is very very difficult.

You have been thoroughly mis-guided by some mischievous fellow. That mischievous fellow has banked upon your emotions and state of mind and sent you to the President of India.

It is similar to your wife waking you up, mid-night and sending you to california in the USofA,  to complain about the leaking water tap in the kitchen, when you should have first approached the apartment's resident's welfare association at banashankari itself.

hmmm...This too is spilt milk. ... Ok, so move on.

Solution is in the criminal case. You have to file a PCR, make multiple visits to the police, the courts,...etc and then parallelly the consumer court case can go on.

The two can go on independently.

Four years of effort will easily be consumed. Are you ready for it ?

If yes, fight it out. It seems difficult but as time progresses and pressure builds upon the builder, he will crumble and you will get your money and compensation.

If No, issue a power of attorney to your son and let the consumer case alone proceed. Whatever is decided by the state commission may either be accepted by your son or

he can go on appeal.

Or, even now, you can appeal to the Supreme Court, but in all probabilities they might say that the matter being remanded, they may as well wait for the verdict further to which you may exercise

your right to appeal. Consult an advocate on record and not one but consult atleast five such advocates in bangalore and five in chennai.

You have to decide. These consume time, money and energy. You need LOT of PATIENCE and LOT of COURAGE and LOT of CONTROL OVER ANGER and LOT of DETERMINATION TO STICK TO YOUR DECISION in criminal matters.

You also need to handle lot of LIES in criminal matters along with FALSE WITNESSES.

Your family condition is known only to you since every family would have a certain level of emotional and financial strength and that is known only to you.  

So, you decide. PAST IS OVER. PRESENT IS OCCUPYING YOUR MIND. FUTURE REQUIREMENTS OF TIME, MONEY AND ENERGY ALONG WITH YOUR OVER-ALL LIFE, is a mathematics that only you can work out.