Judicial Misconduct and Corruption in MahaRERA

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Judicial Misconduct and Corruption in MahaRERA

Posted By Sarin on Aug 17, 2022

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I, Asha devi, am a 58 year old litigant and diabetic patient, fighting tirelessly against a builder over the last 14 years for compensation and possession of the flat that belongs to my elder son. When the new RERA law kicked in, I filed a complaint (CC006000000000693) before the MaheRera authority in Sep 2017 with the hope that the new RERA Law will give me the much-needed relief against the politician-cum builder, who has been using this political influence and money power to harass us and deny us the possession of the flat since Mar 2008. But, I have been heavily disappointed with the judges and registrar of Maharera authority and Maharera Appellate tribunal, as they are working in tandem with the builders to harass homebuyers and deny justice to the homebuyers.

According to RERA law, all complaints and appeals should be disposed within 2 months but my appeal AT006000000010381 (Filed in Jun 2018) is still pending before the Maharera Appellate tribunal.

This has happened despite of the fact that I have informed the judges the following:-
1)    When we filed complaint in Sep 2017, Respondent sent goons to our house. His goons also followed us in court premises of Hon'ble MahaRERA authority
2)    Respondent is a habitual offender and has 20+ cases against him including criminal cases
3)    By bribing lawyers and using his political influence, he has dragged 5+ cases for 10+ years and many other cases were dragged for 5+ years
4)    Other complainants are afraid to file cases against him because of his criminal behavior and biased judges passing orders in his favor
5)    In this instant case, via various documents, I have exposed his fraud against land owners, flat-owners and government institutions (NMMC and CIDCO)
6)    He has been caught red-handed bribing voters (distributing cash during elections)and is known for abusing the law/Judiciary
7)    Maharera authority has not taken any action for various non-compliances by promoter, despite of multiple complaints pending before Maharera authority

This case will prove the judicial misconduct and possible judicial corruption in both, Maharera authority as well as Maharera Appellate tribunal. In all the complaints against this builder, biased orders have been passed by judges in favor of the builder. This case will also prove that RERA law is powerless as the rich builders use their political influence to bribe/influence the members/Judges and the poor complainants don't get any relief. Complainants are rewarded with only years of harassment and mental agony by members/Judges of MahaRERA.

Below is the list of event along with application/Order download links that will prove that because of the biased/Corrupt members and registrar of the Maharera Appellate tribunal, homebuyers don't get possession of flat nor any compensation, instead are burdened with years of mental pain and harassment

Sr. No	Date	Event/Incident	Application/ Order Download Link
1	27^th Sep 2017	I filed a complaint before Maherera Authority with proofs on how the builder cheated/fooled us since Mar 2008
2	26^th Oct 2017	Respondent replied with lies and meritless arguments. Respondent requested the hon'ble member to dismiss the complaint as it is not maintainable
3	7^th Nov 2017	I filed this Additional Reply, exposing the respondent lies and meritless arguments
4	9^th Nov 2017	Respondent sent goons to my home. His goons also followed us to RERA court premises. On seeing me unafraid of his threats, he demanded my son to be present for settlement. His intent was to threaten me and my son and force settlement as per his terms and conditions. This documents shows his threatening and dominating attitude
5	5^th Jan 2018	I sent this settlement letter to settle the dispute out of court. I gave two options to respondent and demanded less than 50% compensation. Still, respondent refused to settle the matter and kept dragging the case
6	12^th May 2018	More than 17 hearings happened. Respondent kept dragging the complaint by filing meritless application like this one. When I warned the hon'ble member that I will complain against the wasteful/biased hearings by this court, hon'ble member agreed to pass the order
7	23^rd May 2018	Order was uploaded. Order was biased as Compensation was ordered only since May 2017, despite of fact that hon'ble member have said on earlier hearings that he will order compensation since possession of flat as per agreement i.e Mar 2008
8	6^th Jun 2018	Filed an appeal against the order passed by Maharera authority in Maharera Appellate tribunal
9	12^th Dec 2018	Multiple hearings happened. Respondent told lot of lies. When I showed documents exposing lies of respondent, judge realized the fraudulent act of respondent and passed the order granting us 10.05% interest as compensation since Feb 2009.
10	12^th Mar 2019	Respondent filed Review application(26 of 2018) on imaginary and ridiculous grounds
11	16^th Apr 2019	As respondent refused to follow order dated 12 Dec 2018, I filed an execution application before the Maherara Appellate Tribunal
12	29^th Aug 2019	Respondent filed a 200+ pages reply to execution application
13	31^st Aug 2019	I filed the reply on review application, tearing down the ridiculous and imaginary grounds of the respondent
14	25^th Sep 2019	Court 1 of Maharera Tribunal bench dismissed the review application and thereby, upheld the order passed on 12^th Dec 2018
15	Oct 2019	After review application was dismissed, Respondent filed another Misc. application 465 of 2019, to drag the case, this time requesting the judges to recall the order passed on 12^th Dec 2018
16	9^th Oct 2019	On Execution application, Respondent kept saying lies and demanded proof of payment on 22.59 lakhs paid towards the purchase of flat. Therefore, I submitted this affidavit on proof of payment
17	15^th Nov 2019	I replied to their Misc Application on recalling order, arguing that this application is not maintainable as the order passed on 12^th Dec 2018 has been already reviewed by this bench
18	20^th Jan 2020	Judges ignored Misc Application on recalling order and continued with listening to my arguments on Execution application. Respondent kept peddling lies and demanded proof of payment on 22.59 lakhs paid towards the purchase of flat and thus, forced us to file this additional affidavit on proof of payment
19	3^rd Oct 2020	This was first hearing after Corona epidemic. From this moment, all the hearings were biased and judges were biased. Respondent refused to accept receiving payment 22.59 lakhs, disputed on payment again by filing this affidavit
20	14^th Oct 2020	Judges refused to hear my arguments and forced us to get and submit bank records, thereby forcing all my family members to bring bank records on proof of payment. As a result, we were forced to submit this additional affidavit on proof of payment with bank records
21	10 Oct 2020	Meantime, Another Misc Application was filed for recalling of order passed on 12^th Dec 2018. This time, biased judges admitted mischievous Misc Application 465 of 2019 and asked me to file reply
22	9^th Jan 2021	I filed the reply on Misc Application(of recalling order) but noticed that the judges were not interested in hearing any of my arguments and continued to favor the respondent
23	15^th Jan 2021	As the hearings were completely on-sided and biased in favor of respondent, I complained to Chairperson of Maharera tribunal to transfer case to another bench but instead of sending my complaint to Chairperson, biased registrar re-directed my application to the same bench, against whom I have raised allegations of being biased
24	19^th Mar 2021	On seeing my transfer complaint, judges may have become more biased. Without hearing my arguments, judges were about to recall order dated 12^th Dec 2018 and thereby, intended to make my execution application infructuous. I protested and submitted this additional affidavit with multiple supreme court judgments to stop recalling of order
25	7^th Apr 2021	Despite my objections, Biased judges refused to listen my arguments, ignored judgment of hon'ble supreme court and passed this biased order, thereby reopening my appeal of 2018 and also made my execution application infructuous
26	28^th May 2021	Instead of appealing against this biased order (of recall) in Bombay high court, I decided to let another bench of tribunal rehear my appeal on merits and also decide on possession of flat, in addition to compensation. So, instead of appealing in Bombay high court, I file this transfer application for transfer of appeal to another bench
27	8^th Jun 2021	Respondent filed 642 page long reply, repeating the same lies and arguments that had been already rejected by Maharera Appellate Tribunal.
28	9^th Aug 2021	I got a call from registrar office informing that one of the biased judges retired. He requested to withdraw the transfer application as it would not suffice and asked me to file an urgent hearing application so that chairperson hear and dispose your appeal on priority. I did the same as requested by registrar office
29	14^th Oct 2021	Biased judges forced me to go through 642 page long document (in sr. No 27) and file the reply. I took immense page to go through this 642 age document and replied. Most of my replies were same as I filed in Execution application, but biased judges didn't even care to go through my arguments and asked the respondent to file dismissal application without listening my arguments
30	29^th Oct 2021	My case was not transferred. I noticed that I was tricked by registrar office and the court 2 bench continues to be heavily biased as explained above. When judges allowed respondent to file a dismissal application, I filed this 3rd transfer application
31	7^th Dec 2021	Respondent filed dismissal application(dismiss appeal for no locus standi) with ridiculous arguments to dismiss the appeal without going through the merit of the appeal
32	11^th Jan 2022	This 3^rd transfer application was not getting listed. Registrar office was not replying to inquiry mails on why my application is not being listed. On going to RERA office, I was not allowed to meet the registrar to enquire on why my application is not being listed. So, I was forced to complaint against this judicial misconduct of registrar to Registrar general of Bombay high court, highlighting 5 instances of biased misconduct of Maherera Tribunal Registrar
33	3^rd Feb 2022	Registrar of Bombay high court redirected my complaint to the same biased registrar of Maharera Tribunal, against whom I complained of being biased. As expected, Registrar of Maharera Tribunal took no cognizance of instructions received from Bombay high court and kept my transfer application on hold
34	31^st Mar 2022	Filed reply to dismissal application. I replied to all unethical and illogical arguments. I explained my constitutional and legal rights to file and argue the case
35	29^th April 2022	I Ran to Bombay high court multiple times to get the instruction order and then, demanded an answer from RERA office on why no actions has been taken till now on instruction received from Bombay high court
36	29^th June 2022	After lot of complaints/Inquiries, hearing on my transfer application was finally listed on 29th June. Hon'ble chairperson dismissed my transfer application by citing few technical mistakes. IT was highly disappointing as she could have easily admitted the transfer application by using inherent powers under section 151 CPC. Moreover, As RERA is not bounded by any strict Civil procedure code, minor technical mistakes could have been ignored
37	14^th July 2022	Though disappointed, I filed 4^th transfer application as per the instruction of chairperson, correcting all the mistakes but now, registrar is again sitting on my transfer application, refusing to list this new transfer application and not responding to my inquiry mails.
38	21st July 2022	Hearing of my both appeals was listed before the court of hon'ble chairperson but on the day before hearing, both my appeals were removed from the cause list with no explanation given.

Below are some other Documents showing Maharera Authority passing biased orders and not taking any action against this promoter for non-Compliances:-

Sr. No	Date	Event/Incident	Application/Order Download Link
1	9^th Dec 2019	Complainant demanded compensation and possession of flat but was not given any compensation
2	8^th Dec 2020	Another Complainant demanded compensation but was not given any compensation. Same order was passed again and no action was taken by hon'ble authority for non-execution of similar order passed on 9^th Dec 2019. This complainant also filed non-execution of order in 2022 but no suo-moto action taken by judge of hon'ble RERA authority
3	July 2021	Another Complainant (CC006000000197633) filed complaint against this promoter. As per info given to me, 1 year has passed, yet the case is not listed for hearing by registrar
4	Dec 2021	Another Complainant (CC006000000196307) filed complaint against this promoter. As per info given to me, this case is not yet listed for hearing by registrar
5	Apr 2019 till date	Check download link. Promoter till date has not uploaded Form- 4 with occupancy certificate and Annual Audit Report of statutory CA since 2019 and Quality Assurance certificate since 2019. Maharera authority did not took any suo-moto action for these non-compliances, despite of multiple complaints pending before Maharera authority

Sr. No	Date	Event/Incident	Application/Order Download Link
1	2008 to 2018	List of 17+ cases filed against this promoter till year 2018
2	Feb 2011	WRIT PETITION NO.777 OF 2011 before Bombay high court for some fraud in local election
3	Feb 2017	This Promoter was caught distributing cash to voters during elections	Ex Shiv Sena corporator from Thane caught distributing cash (mid-day.com)
4	Mar 2022	WP No 2820 of 2022 pending before Bombay high court. This petition against NMMC seems to be connected to construction of our flats and also connected to Special Civil Suit 553 of 2008 pending before thane court.