Hi Sir, Do High Courts have any jurisdiction over the Consumer Cases initiated under any section(s) of the Consumer Protection Act -1986(As Amended upto date)? If so, pl. define the prescribed procedural details, and if not why Hon'ble Delhi High Court is exceeding its jurisdiction in the Consumer Matters and the Consumer cases against M/s. Triveni Infrastructure Development Co. Ltd., New Delhi while their jurisdiction (both original and and appellate) exclusively and entirely vests in the Consumer courts (Distt., Forum, State commission and National Commission and finally with the Hon'ble Supreme court. What is the remedy for the hundreds of aggrieved Consumers of the services of the defaulting company who are coerced to take their cases to a Committee Court created by the Hon'ble Delhi High Court, even when they have already been decided by the proper and appropriate Consumer Fora. One such case is Execution case No.504 of 2010 u/s27 of CPA -1986 Sandeep Maheshwari Vs. the Developers still pending before the Hon'ble Distt. Forum No. X, Qutub Institutional Area, New Delhi-110 016 since more than a year?. there could be several such cases as the notorious company has gravely and severely defaulted in providing the necessary services for which they have collected huge sums for their various projects from the hundreds of Consumers. Even vested with the powers of !st Class Magistrate, the Consumer courts for reasons better known to them are shying away from awarding the defaulting company the deterrent punishment and prison term as provided under the Consumer Protection Law
Sunday, April 19, 2015
Wednesday, November 21, 2012
TRIVENI CONSUMERS' COMPLAINTS GO NOWHERE
The graft story of some unidentified tycoon wielding huge political power would, probably, remain incomplete till the nexus between him and the Mittals' Triveni Infrastructure Development Co. Ltd., is fully investigated and exposed. He reportedly has gone so far as to influence the judiciary as well, roping in the Hon'ble High Court of Delhi to constitute a Committee tasked with explicit assignment of exploring and devising ways and means to revive and rehabilitate the otherwise woefully and hopelessly sick and sinking real estate construction company of Mittals of Agra at the cost and expenses of hundreds of its harried consumers, customers, investors and creditors.
Even though the Hon'ble High Court does not have any jurisdiction over the Consumer Grievance Cases agitated before the Consumer Courts established under the Provisions of the Consumer Protection Act, 1986 (as amended up to date) and pending before them for adjudication and appropriate action under its various sections, and the Act vests in them the powers of a First Class Magistrate, the Complainants with their cases pending before DCDRF-X, Qutab Institutional Area, New Delhi (most of the Consumer cases against Triveni infrastructure Development Co. Ltd., New Delhi are pending before this Forum in a state akin to 'suspended animation' as the court slaps a 'temporary stay' order on them), are routinely directed to make further "appropriate applications?" before the Hon'ble High Court of Delhi); adjourned till the next date fixed for hearing. Interestingly, on no such date so fixed for hearing the Opp. Party 'Triveni' is required to put up appearance before the forum; it's the Complainant only who is required to put up appearance and report. Thus the Consumer- Complainants of 'Triveni' are coerced to contest their cases against 'Triveni' simultaneously at two courts of law: 1.the DCDR Forum No X Qutub Institutional Area, New Delhi, and 2. the 'Committee' created by the Hon'ble High Court of Delhi. This despite the fact that the Complainants are required to submit an affidavit to the effect that the "complainant has not filed any suit in the matter in any other court and no suit of his in the matter is pending disposal in any other court of law." Offence of perjury u/s 91 of the Indian Penal Code? Ignore it. Nobody watching!(in stark contrast, in an identical case against 'Triveni' ,another consumer court takes due cognizance of the builder's dirty tricks to cheat its customer, and fully compensates the victim-Complainant for the losses caused to him by the offending company). Here is this DCDR Forum X,Qutub Industrial Area which after ordering refund of consideration amount with measly 6%p.a simple interest on it in an identical consumer case against "Triveni",is constantly blocking the refund by suo-motto staying the execution and compliance of its own orders!! What a mockery of Justice! A law court negating its own orders!! Yet another beginning of yet another virtually unending tale of torture for the complainant scripted for him, perhaps, with a view to tire him out of further action in his case against 'Triveni' and render him unable to get refund of the money he had foolishly invested in a never-to-happen 'Triveni' project, let alone getting justice at this end, either. Why it happens like that could be anybody's guess.
While there is no jurisdiction with the District Forums to pass ad-interim orders, they freely pass such orders, temporarily staying the execution proceedings at their end and go on adjourning proceedings after proceedings ad-infinitum. The legal matters and cases AGAINST THE COMPANY pending before the Consumer courts, in particular, have been suffering endless adjournments for years on end, without any reason and without attracting any cost, expenses, penalty or punishment for non-compliance, non-appearances, and other offences continually being committed by the offending Company with calculated impunity, to the huge chagrin of its hapless consumers /customers, who have invested several lakhs of their hard earned money in dozens of the company's fake building construction projects at several sites in Haryana, UP and other places. In almost all cases, several lakhs have been collected from consumers/customers and investors, and not even the land has been acquired, let alone observing construction-related other formalities for starting the widely advertised housing projects. While investors have been losing lakhs of rupees, the cheats are raking in mullah, and minting tons of money on their hard-earned money. The cruel irony is that even the Hon'ble High Court does not think twice before exceeding its jurisdiction by stepping into the Consumer Cases, and taking their cue from it, the Consumer Courts have been crawling with endless adjournments in consumer cases pending before them, year after year, for no reason, whatsoever.
So far as Consumer Complaint Cases agitated against 'Triveni' under the Act are concerned such a 'committee' does not have any locus standi, there is a basic and manifest lack of jurisdiction, being totally outside the procedure laid down within the framework of the Consumer Protection Act-1986. and the orders passed by the said committee in such Consumer cases would, therefore, be null and void being bad in law. A clear case of gross transgression of jurisdiction, covertly meant to harass, humiliate, torture and cheat the consumers and end-users on one hand, and grant undue, unlawful benefits to the offending "Triveni" on the other, is made out. Hundreds of consumer-complainants had invested their hard earned money in the various projects floated and widely advertised by the company in the fond hope of having a roof over their heads. Several years thereafter, now they are facing the ugly and harsh prospect of losing all of that. In bonus they are subjected to suffer acute mental torture, humiliation, harassment, and agony as at DCDR Forum X, they are made to attend endless court hearings only to get yet another adjournment and another date of hearing at which the company's appearance is neither made nor considered necessary, and, therefore, the offence on the part of the company, which otherwise should have attracted contempt proceedings against the company, is routinely ignored. This blatant contempt of the court does not ever attract any fine, penalty or punishment for 'Triveni' from the Consumer Courts, let alone issuance of N.B.W against it for the repeated offences.
TRIVENI MONITORING Committee: The committee is formed / appointed to rehabilitate and revive 'TRIVENI' in order to safeguard the interest of the investors and flat buyers………………………" What a cruel, heartless irony!! Can't they see 'the obvious?' Consumers' interests lie in sending the company immediately in liquidation, and certainly not in 'rehabilitating and reviving' the woefully sick and sinking company with investors' hard-earned money going down the drain. There already is a big question mark on the mode and manner in which some of company's assets, land and property have been disposed of, and who are the beneficiaries. There is no point of reconciliation between two basically conflicting sets of interests. In view of the inhuman atrocities committed by "Triveni", all its consumer-complainants not only deserve to get full refund of their invested amount together with penal interest at substantially high rate on it from the date of payment till realization, but also full costs, compensation for damages, and other reliefs for harassment, humiliation and acute mental agony suffered by them all through the period for no fault of theirs. Can't they see that they (Triveni consumers) have already lost for ever the once in life-time opportunity of owning a flat within their means, at the place of their choice and convenience? In reply to a R.T.I query it is stated: " Triveni Monitoring Committee was created on 13.05.2011. As per orders of the Hon'ble Court no exact tenure of the committee has been fixed." It means that the nightmare is not likely to end in one's lifetime, at least.
While all the time the cheats are busy raking it in, for the hapless 'Trveni' consumers, whose number runs in hundreds, the dubious deals make for a very intensely disturbing nightmare. And, ironically enough, they never cease to assure us that the consumer is the king!
The question, however, remains: Do Mittals the owners of 'Triveni' wield this kind of political power so as to make the Hon'ble High Court bend backward favouring them, caring two hoots if in the process even the law of the land is turned upside down? Or is there some other tycoon wielding enough political clout, merrily fishing in the troubled waters to rake in the Mullah, fill coffers by reinvesting the Triveni investor's money in other lucrative projects earning for him and for Mittals, returns many times over the reinvested amount, without fear of getting caught by the law? Whatsoever may be the case, torture to the 'Triveni' complainants should be stopped forthwith. They must get the justice they deserve without any further loss of time. -SANJOG MAHESHWARI
Sunday, November 4, 2012
Thursday, October 18, 2012
Finding the company guilty of unfair trade practice for giving a flashy advertisement despite being "well aware that the aforesaid project would never be successful", the New Delhi District Consumer Disputes Redressal Forum also awarded Rs 25,000 as compensation for harassment and Rs 10,000 as litigation costs
"OP (Triveni Infrastructure Development Co Ltd) knowingly and deliberately extracted money from the complainant's pocket through unfair trade practice by publishing in various news papers, 'Path breaking developments in the city of future, Township at Faridabad', as it was well aware that the aforesaid project would never be successful.
"It is totally, unlawful, injustice, malpractice, unfair trade practice of developer (Triveni), which is a violation of Consumer Protection Act, 1987," the forum presided by C K Chaturvedi said.
The order of the forum came on the plea of Kalkaji resident Vivek Kumar who had alleged that he had paid Rs six lakhs in two instalments in 2006 and 2007 for booking a flat in the real estate developer's township project at Faridabad, but even after four long years the status of the township was not communicated to him.
He had alleged that his requests for delivering possession of the flat or failing that, to refund his booking amount, were met with threats and added that the firm did not even reply to any of his emails.
As the company chose not to contest the complaint despite serving of notice, it was proceeded against ex-parte.
Wednesday, September 26, 2012
High Courts vis-a-vis Consumer Cases under Consumer Protection Law-Jurisdiction reg.
Wednesday, September 5, 2012
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