• Sanjeeva Orchards project in Rajarhat Kolkata - Vedic Realty - No completion till now, no refund

Specifying below the sequence of events along with dates and current status
Kindly help us with advice on what we have to do now to come out of this financial stress issue

29th Mar 2013 - We entered into an agreement with Vedic Realty ( Builder) and Indial Bulls ( Marketing company) to purchase a 4BHK flat of 1712 sq ft in Block 14 costing Rs 74,48,000 and we paid a total of 30% of agreement value i.e Rs 22,34,400 
Agreement details - The flat handover as per agreement was Mar 2016 including a grace period of 6 months. As per agreement its clearly written in case of delay builder has to pay penalty at the rate of 15% to the buyer but we have not got any compensation and neither we got any refund of our money even after repeated requests
Current scenario as of June 2018 - The project has litigation issues. Block 4 not coming as villagers have not yet sold the land to the builder. No work is going on currently. Project is lying just like that and not a single block has been completed even as of today
20th February 2017 - We requested them for refund of our money and communicated that we want to exit this project. After multiple visits to their Woods street office at Kolkata and many false promises nothing happened. Then we hired a lawyer and sent them a legal notice
25th May 2017 - The builder Vedic realty replied back saying they deny all allegations and they say they gave us an alternate unit in some other project which we denied as per them. Truth is we were never given such an offer and they never responded to us even after multiple followups
6th June 2017 - We had no other option so we filed a case in West Bengal State Consumer Redressal Commission where we requested help to get our refund of principal amount of Rs 22,34,400
16th Jan 2018 - Since Vedic realty didnt appear in court our lawyer filed an Interlocutory Application IA 48/2018 asking to proceed ex-parte against the appellants as they did not file the written version
18th Jan 2018 - The state commission proceeded ex-parte against Vedic realty
8th February 2018 - The case was heard and referred to 3rd bench. India bulls can submit evidence but Vedic cannot as they didnt respond within stipulated 45 days ( no reply for 6months) but they can file questionnaire
11thMay 2018 - We filed evidence and opponents also filed
2nd Aug 2018 - Next hearing
National Consumer Disputes Redressal Commission - Vedic realty has approached national commission and made an appeal against the order passed in IA/48/2017. It states that the state commission has proceeded ex-parte without the application of judicial mind and thus they have denied Vedic realty their statutory right to submit their written version of the aforesaid case
 Notice from National Consumer Disputes Redressal Commission - We have received an order from National commission which states
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Sir you have to appear before national commission and get the stay vacated on the proceeding before the state commission the national.comission has stayed the proceedings before state commission so it will proceed with the matter.

So till the matter is not before national commission it won't proceed in state commission.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) since NCDRC has stayed proceedings before state commission on 2nd August 2018 State commission would adjourn the matter

2) if NCDRC decides appeal in favour of Vedic reality then the would have opportunity to file their reply before state commission

3) you should engage a lawyer to appear before NCDRC

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. Since the NC has already stayed the proceeding you can not do much except to wait for disposal of the appeal before the NC.

2. So to expedite the things appear before the NC and try to get the appeal disposed off asap.

3. Their appeal is likely to be dismissed due to not fling of wv within the 45 days.

4. once the appeal is disposed off the case before the state commission would be put to track once again.

5. There many such cases pending in state commission on this project alone which we are representing the clients. So feel free to contact for further assistance in state commission or in national commission.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. It is a common practice that the National Commission will stay the order passed by the State Commission before the matter is heard by the National Commission.

2. You shall have to hire a lawyer who shall appear before the National Commission to defend yourself ( not necessarily he should be a lawyer from Delhi. Almost all the lawyers practicing before the State commission do appear before the National Commission).

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. Your case filed before the State Commission will not be dismissed but shall be kept pending before the petition filed by the Opposite Party before the National Commission is heard.

2. In the worst case, the National Commission shall direct the State Commission to allow the Opposite Party to submit the W.S. and then proceed on the matter.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Hello,

You should appoint a lawyer in the national commission and also wait for the august hearing .

However I would like to suggest you to file a suit for breach of contract in civil court and seek damages .

Hope this helps .

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Yes you will have to hire an advocate in Delhi and if the proceedings have been stayed then the proceedings will not continue in the state forum

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

It is advised that you engage a lawyer in Delhi who may represent you before the NCDRC and may fight for your cause.

Let me know if I can be of some help.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Because the NC has stayed the proceeding before the State Commission, the latter cannot proceed with the hearing until the case is disposed of by NC. You will need a Lawyer to counter the case before the NC to repeal the stay order issued by NC. For that any lawyer who has experience handling Consumer grievances before NC or SC at large can help though he must not necessarily be a lawyer from Delhi. Additionally, since this matter involves multiple consumers who experienced the same problem at the hands of the builder the joint\mass appeal will definitely have good relevance. All the best!

Aniruddha Chakraborty
Advocate, Bangalore
37 Answers

5.0 on 5.0

First of all you need to file a reply of the appeal filed in NCDRC and appear before the concerned bench on the next date of hearing in Ncrdc. The next date in state commission will be adjourned as the appeal is pending before NCDRC plus they might have move an IA for the same and being a interim relief it’s given so hat nothing coercive happens. Other then this you should file a complaint in EOW cell( economic offence wing) for unfair trade practice, breach of trust, fraud, misrepresentation as the project wasn’t approv d at the time of allotment and without the approval of development of town and planning. Department the builder cannot sell flats. I denoted this as the villagers have still not sold the land and without that no approval can be granted. Proceed in state commission after the appeal is over in NCDRC, you definitely need to appear in person in Ncdrc or hire a lawyer in Delhi.

Coming on interest on refund or compensation you should pray same as he builder charges to the homebuyer if their is delay in payment on his part( according to indian contract act) don’t go on the agreement for this clause as it’s void and the buyers just sign on dotted lines.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

It is usual tactics under the given situations.

You can file a strong counter to their petition seeking to set aside the exparte order passed against them.

This is legal proceedings hence such events will occur repeatedly, you have to mentally prepare yourself to face al such issues.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Next Course of Action - What we can do now? We are yet to get our money back and project nothing is happening. Now next hearing is on 2nd Aug 2018 in State commission so will this hearing happen or that stands dismissed? Do we need to hire an advocate at Delhi and reply back to this notice in National Commission?

Since the proceedings before the state commission have been stayed by an order by the National commission, there will be no business or proceedings take place on the next date of hearing before the state commission.

You may have to bear the inordinate delay due to such issues, having no option before you.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

This is my response to you:

1. You will need to engage a lawyer to appear in the national commission;

2. You must file an application for expedited hearing of the matter;

3. You will need to dismiss that appeal in the national commission stating that the state consumer forum should first get sorted. You can state that vedic realty is solely responsible for not sending a representative in the earlier proceedings;

4. Vedic realty would not state any new argument that would show that the order should be reversed;

5. Therefore vedic realty should be bound by the order and be penalised for the same;

6. Then get an early date in state consumer forum and expedite that proceeding;

7. You will need to search for strong case laws and get the matter disposed of at the earliest since its already been a year and a half;

8. There was this forum website: https://www.indianrealestateforum.com/forum/city-forums/kolkata-real-estate/113539-sanjeeva-orchard-by-vedik-realty-new-town-kolkata

9. If you join your petition then all of the sufferers can put more pressure.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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