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MI want to know if we should take action against *MHADA, Nagpur* in the consumer forum.
The case is as follows:
We are a member of a group of HIG (High Income Group) beneficiaries who had been allotted bungalow through lottery system by MHADA back in 2009. We paid the amount asked by MHADA and were informed that construction contracts will be awarded by MHADA soon.
The bungalows were built. However, in 2015 MHADA was informed by Nagpur Municipal Authorities that they were not allowed to construct this township scheme because there was no sewage line in that area and hence the occupancy certificate (OC) cannot be given to MHADA. The Nagpur Municipal Authority has demanded that an Sewage Treatment Plant (STP) must be constructed on the site and post inspection of this STP only will they consider giving the OC to MHADA. However, MHADA had failed to construct this STP citing lack of funds. Without this STP and therefore the OC, MHADA cannot give possession of our bungalows to us and since 2015, these bungalows have stood there abandoned and have suffered drastic damages and theft at the hands of unwanted anti-social elements.
This particular case has been even highlighted in the media:
[TOI] – Not just flats, Mhada has delayed bungalows too – https://timesofindia.indiatimes.com/city/nagpur/not-just-flats-mhada-has-delayed-bungalows-too/articleshow/70149661.cms
MHADA, Nagpur in their advertisement had promised us the following things:
– Tar Approach and Internal Roads.
– Rainwater drainage
– External Electrical Infrastructure
– Clean drinking water supply.Now we don’t live in Nagpur. But there are a couple of beneficiaries who are Nagpur locals who are pursuing the appropriate officials.
In a recent meeting at the MHADA, Nagpur office, the Executive Engineer and the CEO has promised that they will start construction work of the STP. Meanwhile, we have been told by the local beneficiaries that work of tar roads, drainage and water supply has been completed. State Electricity Board has also promised to supply line but they want MHADA to offer possession first.
Most importantly, in the above-mentioned meeting, MHADA Nagpur officials have proposed us to take the possession by signing an affidavit and they will eventually finish STP construction work, get it inspected and obtain the OC from Nagpur Municipal Authority.
Now we are faced with two options:
A. Should we take the possession as, according to local beneficiaries, land prices have increased and value of the land itself will more than recover our initial investment on this project. If we take this route then what all do we need to mention in the affidavit and, I want to ask, if it is even the right way to deal with a govt agency like MHADA.
B. We file a consumer court case on MHADA, Nagpur. Amongst the beneficiaries is a former employee of MHADA itself. He has informed us that even if we win the case, MHADA will just return the money it had taken from us without any interest or compensation and we would lose upon a valueable real estate opportunity. Is this true? Will suing MHADA benefit us or will increase our stress?
Should we accept the proposal offered by MHADA Nagpur or should we take legal action against them?
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