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Can an NGO file PIL to safeguard interests of homebuyers?
16-Sep-2023 (In Supreme Court Law)
WHETHER WE CAN AS A NGO FILE PIL PIL TO SAFEGUARD THE INTEREST OF INNOCENT HOMEBUYERS OF GR. NOIDA W? As buyers have paid maxi. payment to wilful defaulting builders & builders have siphoned off money from projects. These Builders hv not paid land dues to Development Authorities & are not in position to pay the same & complete the Projects ie. possession of flats to HomeBuyers.WE want to file PIL under Sec133A of Constitution of India "Right to Home". As we hv made various Representations/Letters to DEv. Authorities, UP Govt. & Media, but no reply & result. This situation hv been created by the nexus of Officials of Dev. Authorities, Bureaucracy , Builders Politicians of Up Govt in the last 8-10 years, as policies for Allotments of Bulk Land for Group Housing Projects to Builders in installment of 7-8 years basis and builders collected money(60-90% money of total cost) from innocent buyers in 4-5 years, and not paid land cost to these Dev. Authorities
I have read your question and after deep consideration and analysing the circumstances mentioned by you i am at the opinion that the consumers/ buyers/ Organisation can file an appropriate PIL under Article 32 of the Constitution of India read with section 14 of Consumer Protection Act for safeguarding the interests of the consumers/ buyers. But same need to be filed with due cautions and on a thin line of legality.
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Adv. Mukesh Sharma
Delhi | 25+ Answers
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A Public Interest Litigation (PIL) can be filed before a Magistrate or in any High Court or directly in the Supreme Court. PIL is a right given to the socially conscious member or a public spirited NGO to espouse a public cause by seeking judicial redressal of public injury.
A PIL can be filed under Article 32 of the constitution before the Supreme court or under Article 226 of the constitution before the High Court or under Section 133 crpc before the Magistrate.
For further queries plz feel free to contact.
A PIL can be filed under Article 32 of the constitution before the Supreme court or under Article 226 of the constitution before the High Court or under Section 133 crpc before the Magistrate.
For further queries plz feel free to contact.
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Adv. Vritant Dua
Delhi | 25+ Answers
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