Litigation

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ATS Allure Interested Owners will Authorize AOA to fight with ATS Realty Pvt Ltd

FOR ALL CAPEX AND OPEX, EMC, AND CHM RELATED DEFICIENCIES/ISSUES ROUTE IS
NCRDC, NEW DELHI.

1.Time Frame to get judgement tentative timeframe 3-4 Years


2.If Builder appeals on our judgement then can be challenged directly in SC
3.Individuals will get claim 10-20 percent compensation as of the flat value as per BBA.
4.Fixed Fee will be divided amongst the final pool of owners and per flat fee is Rs 4000.
5.At the time of filing the case the Fixed fee will be paid initially and Paper Handling Charges
50 percent now and 50 percent at the end.

Example : Lets say a Flat owner is interested to fight

1.1000 Fixed Fee


2.4000 Paper Handling
3.2000 (Tentative) Misc.

Total : 7000 Per Person

Prayers before NCDRC:


1. Substantial Compensation for the deficiency in services by Builder.
2. Direction to builder to complete/comply with the OPEX and CAPEX problems being
faced by flat-owners.
3. Substantial Compensation for mental harassment/agony faced by flat-owenrs due to
negligence of builder.
4. Compensation from Builder for costs for filing the case and lawyer fees spent by
Association in fighting the case against the Builder.
5. Interest @18% per annum from the Builder on the above compensation amounts.
Role of Lawyers:
1. Preparation of the entire case for filing in NCDRC.
2. Fight the case on behalf of the Association against the builder till the end of the case.
3. Helping the Association in getting documents prepared which would be required for
filing the case in NCDRC.
4. Informing the Association about the day-to-day hearings of case before NCDRC and
help in quick decision in the case by NCDRC.

FOR FARMERS COMPENSATION ISSUE ROUTE IS HIGH COURT.

1.Time Frame to get judgement tentative timeframe 3-4 Years.


2.Individuals will get either Principle or interest basis on the case.
3.Each individual have to pay 2k and 1.25 at last

Example :Lets say a Flat owner is interested to fight

1.750 Fixed Fee


2.2500 Paper Handling
3.2000 (Tentative) Misc.

Total : 5250 Per person

Prayers before High Court:


1. Direction to YEIDA not to demand any more Farmer’s Compensation from Flat-
owners.
2. Direction to YEIDA to provide No Dues Certificate to the Flat owners.
3. Direction to YEIDA to refund the Farmer’s compensation illegally collected from the
Flat owners.
4. Direction to Builder to satisfy the demands of YEIDA from his own pocket without
demanding anything from Flat owners.
5. Direction to Builder to give compensation for the amount illegally collected as
Farmer’s Compensation.
6. Interest @18% per annum on the above amounts.
7. Direction to Builder to urgently obtain all necessary approvals from YEIDA at its own
cost.

Role of Lawyers:
1. Preparation of the entire case for filing in High Court.
2. Fight the case on behalf of the Association against the Builder and YEIDA till the end
of the case.
3. Helping the Association in getting documents prepared which would be required for
filing the case in High Court.
4. Informing the Association about the day-to-day hearings of case before High Court
and help in quick decision in the case by High Court.

Documents Required from individuals

1.Allotment letter of flat.


2.Possession letter of flat.
3.Statement of Accounts (giving break up of total amount paid by flat-owner to the Builder).
4.Affidavit (Authorize AOA to fight on behalf of the flat-owners).
5.Vakalatnama for authorizing the lawyers.
6. Builder Buyer Agreement.
7. Aadhaar Card of Flat-owners.

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