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Seema (Consultant)     11 January 2011

Filing case against State Authorities for ignoring developme

Hi

This is in reference to new sectors coming up in Faridabad,  There are lakhs of people who have paid EDC charges to the builders, These EDC amounts were required for external development by state authrities. In case this money has not been utilized,  Can consumers file a case against state authorities for ignoring infrastructure development and not providing service for the money.

We filed an RTI with HUDA and came to know that from around 30 % of the apartments in the new sectors, HUDA has collected around 400 Crores between the period 2005 to 2007, which if extrapolated to cover remaining builders, crosses figure f 1000 Crores

We have tried to enquire several times using RTI channels and meeting with town planners, on how the state plan to spend this money , but have not got any response. On meeting with HUDA authrities, we were told that no money has been spent so far and the area is not in priority list.

Reading the recent advertisements in Newspapers on mediation centers, I tried putting a litigation at the Mediation Center, but was advised that since this is very new setup, they currently  do not have any control on Haryana State Authrities.

The Economic Offenses Wing stated that, since the money has not been paid directly to the State, but to the builder, Hence complaint need to be filed againt the builder and not againts state in this case

However since infrastructure development is responsibility of state and not of builder, My understanding is it should be a case againt DTCP and HUDA authrities,

Can anyone suggest what can be done in this regard
Do the investors have right to ask builder/state to refund the money with interest, or provide a concrete schedule of development

Warm Regards

Seema



Learning

 6 Replies

Isaac Gabriel (Advocate)     11 January 2011

Invoke writ jurisdiction and file PIL

Seema (Consultant)     11 January 2011

Thanks Issac for your prompt response

Would you be in position to elaborate on the procedure for writ jurisdiction

Seema (Consultant)     13 January 2011

Hello All

I am representing MyFaridabad forum, which is a community of 500+ people who have purchased apartments in Neharpaar area of Faridabad and are feeling duped by builders and state authrities,  We would like to seek legel assistance in fighting with the state authrities for not doing any development despite sitting up EDC money of lakhs of consumeres for so many years.

If there is any lawyer or a legal firm based out of NCR who can help us challenge this and alongside suggest what it could tentaively cost (given this is a social cause)?

You can write to me s1joshi@gmail.com or reply to the forum entry

MyFaridabad Community Link : https://www.myfaridabad.in/

Regards

Seema

 

 

 

 

 

Seema (Consultant)     15 January 2011

Hi Are there any NGO's in Delhi/NCR that help people in filing pubic interest litigations.

Seema (Consultant)     15 January 2011

Hi Are there any NGO's in Delhi/NCR that help people in filing pubic interest litigations.

Amit Gupta (Advocate)     17 January 2011

contact PUCL, or serch net, ther r so many NGOs


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