awho statute & constitution violations

An Inquiry into violations of Rule ofLaw by AWHO

Chandra Nathlowast

April 10 2014

lowastnathcomputerorg He is an Independent researcher engaged in research in informa-tion security privacy law amp justice

1

Contents

I Introduction 4

II Constitution of india 6A Fundamental Right Article 14 6B Right to Property 6C Right to Democratic Self Governance of Co-operative Housing

Society 7

III Indian Penal Code 8

IV Transfer of Property Act 9

V Right to Information Act 10

VI Registration of Societies Act 10

VIIThe Indian Trusts Act 1882 12

VIIIFiduciary Duties under Common Law 14A Fiduciary Duties of the lawyerOfficer of the Court 15

IX VIOLATIONS of THE KARNATAKA OWNERSHIP FLATS(REGULATION OF THE PROMOTION OF CONSTRUC-TION SALE MANAGEMENT AND TRANSFER) ACT1972 15A KOF 1972 Section 3 General liabilities of promoter- 15B KOF 1972 Section 4 Agreement with Buyers- 16C KOF 1972 Section 5 separate account- 17D KOF 1972 Section 6 Responsibility for payment of outgoings- 17E KOF 1972 Section 7 Alterations Changes Defects and Defect

Removal 18F KOF 1972 Section 8 Refund of amount Paid 18G KOF 1972 Section 9No Mortgage 19H KOF 1972 Section 10 Co-operative Society or Company 19I KOF 1972 Section 11 Promoter to convey title etc and

execute documents 20J KOF 1972 Section 14 Offences by promoter 20K KOF 1972 Section 15 Offences by Companies (Societies) 20

X The Consumer Protection Act 1986 21

XI Real Estate (Regulation amp Development) Bill 23

2

XIILocal Authorities BYE-LAWS BIAAPA 25

XIIIKARNATAKA TOWN AND COUNTRY PLANNING ACT1961 26

XIVAWHO and Welfare Activities 26

XVNo Profit No Loss 27

XVIAWHO is a Registered Society 28

XVIIAWHO builds houses on a self-financing Basis 28

XVIIIConclusions 29

3

AN INQUIRY INTOVIOLATIONS OFRULE OF LAW BY AWHO

rsquoIt is an evil that any man should be above the law it is stilla greater evil that the public mind should be taught to regard asa high and venerable distinction the privilege of being above thelawrsquondashLord Macaulay covering letter While submitting the draftof the IPC

What we desire to accomplish is the protection of rights Whatwe have to inquire is The means by which protection may be af-fordedThat men are susceptible of happiness only in proportionas rights are protected is a proposition which taken generally itis unnecessary to prove The importance of the inquiry thereforeis evident 1

I INTRODUCTION

AWHO was established as a Society under the Rule of Law expresslyfor the welfare of its members and NOT established as a foray byArmy Headquarters into Real Estate business in a thriving real estate

market at this particular stage in the countryrsquos economy We the peoplestill believe that our obligations as proud Indians and more importantly asproud veterans are not just to ourselves but to all posterity for creating aSociety of equals and not divide ourselves into ldquoRulersrdquo (powerful autocraticand ever ready to exploit the powerless) and powerless ldquoSubjectsrdquo

Thus the transformation of the Company from a trading bodywhich possessed some sovereign prerogatives for the purposes oftrade into a sovereign body the trade of which was auxiliary toits sovereignty was effected by degrees and under disguise Itis not strange therefore that the mercantile and political trans-actions of this great corporation should be entangled together ininextricable complicationThe commercial investments have beenpurchased out of the revenues of the empire The expenses of war

1Jurisprudence Supplement to Encyclopaedia Brittanica httpfiles

libertyfundorgfiles17600886_Bkpdf

4

and government have been defrayed out of the profits of the trade2

In similar vein a Welfare Housing Society started with the noble inten-tion of providing housing on a non-profit basis transformed into a sovereignprerogative of the military to subjugate the members into non-members andto level of slaves where they are ldquosubjectsrdquo of the masters who establishedthemselves as ldquorulersrdquo with no accountability to law for the society nor theaccountability to the people who were denied all Right to Information Com-mercial investments have been purchased out of contributions of the homebuyers and the profits out of the business have been exempted out of IncomeTax on the signed affidavit that they are income from regimental funds adefnite criminal breach of trust of the veteran home buyers and criminalbreach of trust of the tax payers and the general public The Society escapedthe accountability to the members of the Society and strict accountabilityto the public of public funds handled by public servants The masters es-tablished tyranny where they ruled with secret illegitimate and unpublishedrules which are in conflict with the constitution and the statutes and imposedon the subjects with out their consent

We shall never consent to administer the pousta to a whole com-munity to stupefy and paralyse a great people whom God hascommitted to our charge for the wretched purpose of renderingthem more amenable to our control What is power worth if itis founded on vice on ignorance and on misery if we can holdit only by violating the most sacred duties which as governorswe owe to the governed and which as a people blessed with farmore than an ordinary measure of political liberty and of intel-lectual light we owe to a race debased by three thousand years ofdespotism and priestcraft We are free we are civilised to littlepurpose if we grudge to any portion of the human race an equalmeasure of freedom and civilisation 3

Can we the people the Constitution of India Government of India andthe Courts on Record consent to reduction of some of its citizen to slavesin this 21st century to be ruled by a set of public servants and yet outsidethe purview of governmental checks and balances and supervision of we thepeople with full freeedom of a greedy real estate business enterprize where

2Macaulay Thomas Babington Macaulay Baron (1800-1859) Miscellaneous Writingsand Speeches Volume 4 httpwwwgutenbergorgetext2170

3ibid

5

secret profits are made against the Rule of Law As Macaulay put it Whatis power worth if it is founded on vice on ignorance and on misery if wecan hold it only by violating the most sacred duties which as governors weowe to the governed and which as a people blessed with far more than anordinary measure of political liberty and of intellectual lightWe are free weare civilised to little purpose if we grudge to any portion of the human racean equal measure of freedom and civilisation

I wish that I could promise to be very brief but the crimes and violationsare so extensive that I will only promise to condense what I have to say asmuch as I can just what the law expects and whether it is violated Eventhen it runs to 24 pages and the violations could not be just an accident

Man when perfected is the best of animals but when separatedfrom law and justice he is the worst of all4

II CONSTITUTION OF INDIA

A FUNDAMENTAL RIGHT ARTICLE 14

Fundamental Right Article 14 The State shall not deny to any person equal-ity before the law or the equal protection of the laws within the territory ofIndiaVIOLATED

Every provision of applicable portions of the Constitution and all applli-cable statutes have been violated except one provision of the Registration ofSociety Act (ie acual registration of the Society) thus denying the right toEqual Protection of Laws to the contributing members of the Society Eventhe purpose of registration of Society is defeated if the Society breaks all theprotections the registration of the society provides for the members of theSociety VIOLATED

The Society does not fulfill the requirements of law and hence it is func-tioning as a Proprietory Real Estate Businss by ldquopublic servantsrdquo Publicservants engaging in Real Estate Business is violation of IPC (See below)

VIOLATED

B RIGHT TO PROPERTY

300A No person shall be deprived of his property save by authority of lawRules passed by AWHO violate this VIOLATED

4 Aristotle Politics (c340 BC)

6

C RIGHT TO DEMOCRATIC SELF GOVERNANCE OFCO-OPERATIVE HOUSING SOCIETY

AWHO is NOT a charitable society that can be ruled by the donors atthe FULL exclusion of the beneficiaries of charity AWHO is fully fundedby members amp they are also the Members of the Society and as such theyare Trustors and also Beneficiaries and Members have constitituional rightswhich have been totally VIOLATED

The fact of the matter is not in dispute Respondent No 1 is aretired Army Officer He and his wife jointly became member ofa Cooperative Society known as lsquoArmy Welfare Housing Organ-isationrsquo (lsquoAWHOrsquo for short) The said Cooperative Society wasregistered with the Registrar of Societies Delhi under the SocitiesRegistration Act being Act XXI of 18605

AWHO is thus a cooperative society registered with the Registrar of So-cieties Delhi under the Socities Registration Act being Act XXI of 1860

Constitution (Ninety-seventh Amendment) Act 2011 guarentees

1 Fundamental Right to have a Co-operative Housing Society that isdemocratically self governed VIOLATED

2 State obligation to promote voluntary formation autonomous function-ing democratic control and professional management of the cooperativesocieties VIOLATED

3 Incorporation of cooperative societies on the principles of voluntaryformation democratic member control member economic participationand autonomous functions VIOLATED

4 Conduct of election of a cooperative society by an independent author-ityVIOLATED

5 Fix term of five years of office bearers of the cooperative society VI-OLATED

6 Convening of the General Body meeting of every cooperative societywithin a period of six months of the close of the financial yearVIOLATED

7 Access to every member of the society to the books information andthe accounts of the cooperative society VIOLATED

5 Chandigarh Housing Board vs Devinder Singh And Anr on 14 March 2007 SupremeCourt of India Appeal (civil) 7171 of 2000 Bench S Sinha Mark E Katju

7

8 Free fair impartial and timely elections of cooperative societies by theState Election Commission or by any other appropriate and indepen-dent body as may be provided by State lawVIOLATED

9 Audit of the cooperative societies to be carried by the auditors fromthe government approved panel of auditors or firmsVIOLATED

10 Most importantly Co-opted members (ex-officio Members) not to beeligible to be elected as office-bearers of the Board

Irony of AWHO is that the Co-opted members (ex-officio Members) arethe ONLY ones eligible to be office-bearers and that too on the basis self-appointments and thus being usurpers of Power thus this constituional pro-vision(Constitution (Ninety-seventh Amendment) Act 2011) is totally VI-OLATED

III INDIAN PENAL CODE

Since AWHO is not functioning as a Society as per law it automatically willbe deemed to being run as a Sole Proprietorship This makes AWHO officialswho are ldquopublic servantsrdquo liable to face consequence of crime under IPC

1 IPC 119 Public servant concealing design to commit offence whichit is his duty to preventndash Whoever being a public servant intendingto facilitate or knowing it to be likely that he will thereby facilitatethe commission of an offence which it is his duty as such public ser-vant to prevent voluntarily conceals by any act or illegal omissionthe existence of a design to commit such offence or makes any repre-sentation which he knows to be false respecting such design if offencebe committed if offence be committedndash shall if the offence be com-mitted be punished with imprisonment of any description provided forthe offence for a term which may extend to one- half of the longestterm of such imprisonment or with such fine as is provided for that of-fence or with bothVIOLATED with full kowledge thatcrimes are being committed

2 IPC 166 Public servant disobeying law with intent to cause injury toany personndash Whoever being a public servant knowingly disobeys anydirection of the law as to the way in which he is to conduct himselfas such public servant intending to cause or knowing it to be likelythat he will by such disobedience cause injury to any person shall

8

be punished with simple imprisonment for a term which may extendto one year or with fine or with bothVIOLATED with fullkowledge that crimes are being committed

3 IPC 168 Public servant unlawfully engaging in tradendash Whoever beinga public servant and being legally bound as such public servant notto engages in trade engages in trade shall be punished with simpleimprisonment for a term which may extend to one year or with fine orwith bothVIOLATED with full kowledge that crimesare being committed

4 IPC 169 Public servant unlawfully buying or bidding for propertyndashWhoever being a public servant and being legally bound as such pub-lic servant not to purchase or bid for certain property purchases orbids for that property either in his own name or in the name ofanother or jointly or in shares with others shall be punished withsimple imprisonment for a term which may extend to two years orwith fine or with both and the property if purchased shall be con-fiscatedVIOLATED with full kowledge that crimesare being committed

5 IPC 409 Criminal breach of trust by public servant or by bankermerchant or agentndash Whoever being in any manner entrusted withproperty or with any dominion over property in his capacity of a publicservant or in the way of his business as a banker merchant factorbroker attorney or agent commits criminal breach of trust in respectof that property shall be punished with 1[ imprisonment for life] orwith imprisonment of either description for a term which may extendto ten years and shall also be liable to fine VIOLATED withfull kowledge that crimes are being committed

IV TRANSFER OF PROPERTY ACT

Non-democratically instituted Rules of the Society which are illegitimate andillegal has rules that deprive protection of laws of right to property Membershave statutory rights which are totally VIOLATED

9

V RIGHT TO INFORMATION ACT

A constitutional court of India has declared AWHO is an ldquoinstrumentality ofStaterdquo and yet AWHO has consistently refused t provide information askedfor on some pretext Even after CIC and Delhi HC has declared that AWHOis amenable to RTI AWHO is refusing to provide information requested Allthe crimes committed by AWHO will come to light if it provides informationasked for is very strong motivation for AWHO to deny information But aslong as AWHO has not taken a stay order of the HC order saying that case issubjudice and deny information is illegal The provision relating to Penaltyunder RTI Act is dealt under section 20 (1) of RTI Act Thus according tosection 20 (1) the Penalties will lie on the following grounds

1 refusal to receive an application VIOLATED

2 delay in supply of information VIOLATED

3 Malafidely denied the request for information VIOLATED

4 knowingly giving incorrect incomplete or misleading information VI-OLATED

5 destroyed information which is the subject of the request or obstructin any manner in furnishing the information VIOLATED

Hence provisions of RTI Act violated deliberately willingly and knowinglywith an intent to deceive a design to induce belief in the falsity or to misleadwith the an intent to defraud that is the intent to deprive the members ofthe Sociey the right to information and hence RTI Act conclisively VIO-LATED

VI REGISTRATION OF SOCIETIES ACT

1 Societies formed by memorandum of association and registrationndash Anyseven or more persons associated for any literary scientific or charitablepurpose or for any such purpose as is described in section 20 of this Actmay by subscribing their names to a memorandum of association and filingthe same with the Registrar of Joint- stock Companies 2[ form themselvesinto a society under this Act The purpose of AWHO is NOT what is citedbut is Housing co-operative Society VIOLATED

20 To what societies Act appliesndash The following societies may be reg-istered under this Act- Charitable societies the military orphan funds or

10

societies established at the several presidencies of India societies establishedfor the promotion of science literature or the fine arts for instruction thediffusion of useful knowledge 2 [ the diffusion of political education] the foun-dation or maintenance of libraries or reading- rooms for general use amongthe members or open to the public or public museums and galleries of paint-ings and other work of art collections of natural history mechanical andphilosophical inventions instruments or designs AWHO is not a charitableSociety nor does it fall under any categories mentionedVIOLATED

All provisions of the Act that protect the rights of members of the Soci-ety have been totally VIOLATED The only compliance of registrationis also wrong because Housing co-operative is not covered under this Act Itis covered under the Co-operative Societies ActThe members are both thetrustors and the beneficiaries and the trustee who owe fiduciary responsibil-ities and undivided loyalties to the members have totally disenrachised themembers and made them totally powerlessVIOLATED in letter andspirit of the Co-operative Society

First the BoM decalred that they will not have an Annual General Bodymeeting then they decided that members will not be eligible for election toBoM that the Members will not be eligible to vote for office bearers thenagainto avoid the need of approval of the rules by Members Members weredeclared to be not members but just subjects to the rule by the BoM BoMdecided that members will have no access to information on finance and ac-counts or for that matter no information at all Members bring in moneyforgo all their rights even right to assess the risks involved in investing theirhard earned money with AWHO because every thing is kept secret from themembers All these decisions were taken without the knowledge or consentof the members Every right of the members have been stripped off with outthe consent of the members or even their knowledgeTOTAL VIOLA-TION OF Constitution of India 97th amendment inletter amp spirit

Total lack of transparency gave BoM power to rule by secret unpublishedrules and made AWHO fertile ground for corruption and misgovernance thusviolating the age old wisdom of the jurisrudence as expressed by the famousjurist Louis Brandeis

ldquoPublicity is justly commended as a remedy for social and indus-trial diseases Sunlight is said to be the best of disinfectants elec-tric light the most efficient policemanrdquo ndashLouis Brandeis OtherPeoplersquos Moneyand How Bankers Use It

ldquoThere is not a crime there is not a dodge there is not a trick

11

there is not a swindle there is not a vice which does not live bysecrecyrdquo Joseph Pulitzer

VII THE INDIAN TRUSTS ACT 1882

Money collected from the Memberallottees is required to be kept in trust(KOF 1972 Section 5 separate account) and account for the money to the

satisfaction of the benficiary VIOLATED3 Interpretation- clauserdquo trustrdquo- Ardquo trustrdquo is an obligation annexed to

the ownership of property and arising out of a confidence reposed in andaccepted by the owner or declared and accepted by him for the benefitof another or of another and the ownerrdquo author of the trustrdquo the personwho reposes or declares the confidence is called therdquo author of the trustrdquothe person who accepts the confidence is called therdquo trusteerdquo the personfor whose benefit the confidence is accepted is called therdquo beneficiaryrdquo thesubject- matter of the trust is calledrdquo trust- propertyrdquo orrdquo trust- moneyrdquotherdquo beneficial interestrdquo orrdquo interestrdquo of the beneficiary is his right againstthe trustee as owner of the trustproperty

11 Trustee to execute trust- The trustee is bound to fulfil the purposeof the trust and to obey the directions of the author of the trust given at thetime of its creation except as modified by the consent of all the beneficiariesbeing competent to contractVIOLATED the directions of trust (noprofit) with out consent of the beneficiaries(allottees)

14 Trustee not to set up title adverse to beneficiary- The trustee mustnot for himself or another set up or aid any title to the trustproperty adverseto the interest of the beneficiary VIOLATED in that common area titlenot conveyed to Members during registration

15 Care required from trustee- A trustee is bound to deal with thetrust- property as carefully as a man of ordinary prudence would deal withsuch property if it were his own VIOLATED in that share of trustproperty allocated as excess to General Girish who was allocated largestarea outside of due process (the lottery) and also at throw away price tosome other benficiaries at less than 20 of the prevailing market rates thuscausing injury to the interest of the rest of the benficiaries

17 Trustee to be impartial- Where there are more beneficiaries than onethe trustee is bound to be impartial and must not execute the trust for theadvantage of one at the expense of another VIOLATED in that GenGirish was favored excess land at 20 the prevailing market rate allocatedlargest area outside of due process (the lottery)thus causing injury to theinterest of the rest of the benficiaries

12

19 Accounts and information- A trustee is bound (a) to keep clear andaccurate accounts of the trustproperty and (b) at all reasonable times atthe request of the beneficiary to furnish him with full and accurate infor-mation as to the amount and state of the trustproperty VIOLATEDconsistenty in that failed to account for excess charges amounting to 400whereas the escalation due inflation for the period accounted for only 78

23 Liability for breach of trust- Where the trustee commits a breachof trust he is liable to make good the loss which the trustproperty or thebeneficiary has thereby sustained VIOLATED

51 Trustee may not use trustproperty for his own profit- A trustee maynot use or deal with the trustproperty for his own profit or for any otherpurpose unconnected with the trust VIOLATED in that charges madeto beneficiaries for corner plot and park facing did not involve actual costto trustee but beneficiaries charged but not given the benefit of such overcharges or at least failed to provide transparent account of money recieveddue to such charges

56 Right to specific execution- The beneficiary is entitled to have theintention of the author of the trust specifically executed to the extent of thebeneficiaryrsquo s interest Right to transfer of possession VIOLATED inthat no profit undivided loyalty duty of care and duty to refrain from anyactivity that may engender any conflict of interest Trustee practices viola-tion of all the above including total conflict of interest with the beneficiarieswho are buyes of housing and trustee solely representing the builder interest

57 Right to inspect and take copies of instrument of trust accounts etc-The beneficiary has a right as against the trustee and all persons claimingunder him with notice of the trust to inspect and take copies of the instru-ment of trust the documents of title relating solely to the trust- propertythe accounts of the trustproperty and the vouchers (if any) by which theyare supported and the cases submitted and opinions taken by the trustee forhis guidance in the discharge of his duty VIOLATED in that right toinformation is denied totally

61 Right to compel to any act of duty- The beneficiary has a right thathis trustee shall be compelled to perform any particular act of his duty assuch and restrained from committing any contemplated or probable breachof trustVIOLATED totally inspite of repeated requests

63 Following trust propertyndash into the hands of third persons into thatinto which it has been converted- Where trustproperty comes into thehands of a third person inconsistently with the trust the beneficiary mayrequire him to admit formally or may institute a suit for a declaration thatthe property is comprised in the trustVIOLATED

66 Right in case of blended property- Where the trustee wrongfully

13

mingles the trustproperty with his own the beneficiary is entitled to acharge on the whole fund for the amount due to him VIOLATEDAWHO funds comingled with beneficiary funds

68 Liability of beneficiary joining in breach of trust- Where one of sev-eral beneficiariesndash (a) joins in committing breach of trust or (b) knowinglyobtains any advantage therefrom without the consent of the other benefi-ciaries or (c) becomes aware of a breach of trust committed or intended tobe committed and either actually conceals it or does not within a reason-able time take proper steps to protect the interests of the other beneficiaries(d) has deceived the trustee and thereby induced him to commit a breachof trust the other beneficiaries are entitled to have all his beneficial inter-est impounded as against him and all who claim under him (otherwise thanas transferees for consideration without notice of the breach) until the loss

caused by the breach has been compensated VIOLATED Gen Girisha favoured beneficiary decieved the trust and trust property in excess of hisentitlements

VIII FIDUCIARY DUTIES UNDER

COMMON LAW

A fiduciary relationship exists ldquowhere there has been a special confidencereposed in one who in equity and good conscience is bound to act in goodfaith and with due regard for the interests of the one reposing the confidencerdquoFiduciary duties include

1 a duty of undivided loyalty(The duty of loyalty requires the fiduciaryto act solely for the benefit of the person to whom the duty is owed withrespect to all matters within the scope of the fiduciary relationship)

VIOLATED

2 a duty to disclose relevant facts and to render accounts (The bur-den of proving that he or she disclosed all material facts and that thetransaction was fair lies with fiduciary He bears the burden of proofon these issues Fiduciary is at risk where the evidence on the questionsis inadequate to reach a conclusion)VIOLATED

3 a duty of due care VIOLATED

4 a duty to maintain client confidences

14

A FIDUCIARY DUTIES OF THE LAWYEROFFICEROF THE COURT

A lawyer who represents a society may be held to owe fiduciary duties tomembers of the society An attorney retained by the trustee to assist himor her in the administration of a trust is the attorney for the entire trustincluding the beneficiaries Courts have increasingly been inclined to erodethe attorney-client privilege thereby extending the designation of client tothe beneficiaries of trustsEvery advise given by the fiduciary lawyer wasagainst the intersts of the beneficiaries (deying the protection of laws) apartfrom being a crime violation of Rule of Law Lawyer violated duty of loyaltyboth to beneficiaries and also to the court of which he is an officer of thecourtVIOLATED

IX VIOLATIONS OF THE KARNATAKA

OWNERSHIP FLATS (REGULATION

OF THE PROMOTION OF

CONSTRUCTION SALE

MANAGEMENT AND TRANSFER)

ACT1972

A KOF 1972 SECTION 3 GENERAL LIABILITIES OFPROMOTER-

(1) Notwithstanding anything contained in any other law a promoter whointends to construct or constructs a block or building of flats all or some ofwhich are to be taken or are taken on ownership basis shall in all transactionswith persons intending to take or taking one or more of such flats be liableto give or produce or cause to be given or produced the information and thedocuments hereinafter in this section mentioned VIOLATED

(2) A promoter who constructs or intends to construct such block orbuilding of flats shall- (a) make full and true disclosure of the nature of histitle to the land on which the flats are constructed or are to be constructedsuch title to the land as aforesaid having been duly certified by an Advocateof not less than seven years standing VIOLATED

(b) make full and true disclosure of all encumbrances on such landincluding any right title interest or claim of any party in or over suchlandVIOLATED

15

(c) allow inspection on reasonable notice of the plans and specificationsof the building built or to be built on the land such plans and specificationshaving been approved by the local authority which he is required so to dounder any law for the time being in forceVIOLATED

(d) disclose the nature of fixtures fittings and amenities (including the

provision for one or more lifts) provided or to be provided VIOLATED(e) disclose on reasonable notice or demand if the promoter is himself the

builder the prescribed particulars as respects the design and the materials tobe used in the construction of the building and if the promoter is not himselfthe builder disclose on such notice or demand all agreements (and wherethere is no written agreement the details of all agreements) entered into byhim with the architects and contractors regarding the design materials andconstruction of the buildingVIOLATED

(f) specify in writing the date by which possession of the flat is to be

handed overVIOLATED(g) prepare and maintain a list of flats with their numbers already taken

or agreed to be taken and the names and addresses of the parties and theprice charged or agreed to be charged therefor and the terms and conditionsif any on which the flats are taken or agreed to be takenVIOLATED

(h) state in writing the precise nature of the organisation of persons to beconstituted and to which title is to be passed and the terms and conditionsgoverning such organisation of persons who have taken or are to take theflatsVIOLATED

(i) not allow persons to enter into possession until a completion certificatewhere such certificate is required to be given under any law is duly given tothe local authorityVIOLATED

(j) make a full and true disclosure of all outgoings (including ground rentif any municipal or other local taxes taxes on income water charges andelectricity charges revenue assessment interest on any mortgage or otherencumbrances if any)VIOLATED

(k) make a full and true disclosure of such other information and docu-ments in such manner as may be prescribed and give or demand true copiesof such of the documents referred to in any of the clauses of this sub- sectionas may be prescribed at a reasonable charge thereforVIOLATED

B KOF 1972 SECTION 4 AGREEMENT WITHBUYERS-

Promoter before accepting advance payment or deposit to enter into agree-ment and agreement to be registered- Notwithstanding anything contained

16

in any other law a promoter who intends to construct or constructs a block orbuilding of flats all or some of which are to be taken or are taken on owner-ship basis shall before he accepts any sum of money as advance payment ordeposit which shall not be more than twenty per cent of the sale price enterinto a written agreement for sale with each of such persons who are to take orhave taken such flats and the agreement shall be registered under the Reg-istration Act 1908 and such agreement shall contain the prescribed particu-lars and to such agreement there shall be attached such documents or copiesthereof in respect of such matters as may be prescribedVIOLATED

C KOF 1972 SECTION 5 SEPARATE ACCOUNT-

Promoter to maintain separate account of sums taken as advance or depositand to be trustee therefor and disburse them for purposes for which given-The promoter shall maintain a separate account in any bank of sums taken byhim from persons intending to take or who have taken flats as advance or de-posit including any sums so taken towards the share capital for the formationof a co-operative society or a company or towards the outgoings (includingground rent if any municipal or other local taxes taxes on income watercharges electricity charges revenue assessment interest on any mortgageor other encumbrances if any) and he shall hold the said moneys for thepurposes for which they were given and shall disburse the moneys for thosepurposes and shall on demand in writing by an officer appointed by a generalor special order by the State Government for the purpose make full and truedisclosure of all transactions in respect of that accountVIOLATED

D KOF 1972 SECTION 6 RESPONSIBILITY FORPAYMENT OF OUTGOINGS-

Responsibility for payment of outgoings till property is transferred- A pro-moter shall while he is in possession and where he collects from persons whohave taken over flats or are to take over flats sums for the payment of out-goings even thereafter pay all outgoings (including ground rent municipalor other local taxes taxes on income water charges electricity-charges rev-enue assessment interest on any mortgage or other encumbrances if any)until he transfers the property to the persons taking over the flats or to theorganisation of any such personsPARTIALLY VIOLATED

17

E KOF 1972 SECTION 7 ALTERATIONS CHANGESDEFECTS AND DEFECT REMOVAL

After plans and specifications are disclosed no alterations or additions with-out consent of persons who have agreed to take the flats and defects noticedwithin a year to be rectified-

(1) After the plans and specifications of the building as approved by thelocal authority as aforesaid are disclosed or furnished to the person whoagrees to take one or more flats the promoter shall not make-

(i) any alterations in the structures described therein in respect of theflat or flats which are agreed to be taken without the previous consent ofthat person or VIOLATED

(ii) any other alterations in the structure of the building or constructany additional structures without the previous consent of all the personswho have agreed to take the flats VIOLATED

(2) Subject to the provisions of sub-section (1) the building shall beconstructed and completed in accordance with the plans and specificationsaforesaidVIOLATED

(3) If any defect in the building or material used or if any unautho-rised change in the construction is brought to the notice of the promoterwithin a period of one year from the date of handing over possession it shallwherever possible be rectified by the promoter without further charge tothe persons who have agreed to take the flats and in other cases such per-sons shall be entitled to receive reasonable compensation for such defect orchangeVIOLATED

(4) Where there is a dispute as regards any defect in the building or mate-rial used or any unauthorised change in the construction or as to whether itis reasonably possible for the promoter to rectify any such defect or change oras regards the amount of reasonable compensation payable in respect of anysuch defect or change which cannot be or is not rectified by the promoterthe matter shall on payment of such fee as may be prescribed be referred fordecision to such officer not lower in rank than a Superintending Engineer asthe State Government may by general or special order specify in this behalfwithin a period of two years from the date of handing over possession Suchofficer shall after such enquiry as he deems necessary record his decisionwhich shall be finalNOT YET VIOLATED

F KOF 1972 SECTION 8 REFUND OF AMOUNT PAID

Refund of amount paid with interest for failure to give possession withinspecified time or further time allowed- VIOLATED

18

If-(a) the promoter fails to give possession in accordance with the terms of

his agreement of a flat duly completed by the date specified or any furtherdate or dates agreed to by the parties orVIOLATED

(b) the promoter for reasons beyond his control and of his agents is unableto give possession of the flat by the date specified or the further agreed dateand a period of three months thereafter or a further period of three monthsif those reasons still exist then in any such case the promoter shall be liableon demand (but without prejudice to any other remedies to which he may beliable) to refund the amounts already received by him in respect of the flat(with simple interest at nine per cent per annum from the date he receivedthe sums till the date the amounts and interest thereon is refunded) and theamounts and the interest shall be a charge on the land and the constructionif any thereon in which the flat is or was to be constructed to the extent ofthe amount due but subject to any prior encumbrancesVIOLATED

G KOF 1972 SECTION 9NO MORTGAGE

No mortgage etc to be created without consent of parties after executionof agreement for sale- No promoter shall after he executes an agreement tosell any flat mortgage or create a charge on the flat or the land without theprevious consent in writing of the persons who take or agree to take the flatsand if any such mortgage or charge is made or created without such previousconsent after the agreement referred to in section 4 is registered it shall notaffect the right and interest of such personsVIOLATED

H KOF 1972 SECTION 10 CO-OPERATIVE SOCIETYOR COMPANY

Promoter to take steps for formation of co-operative society or company-(1) As soon as a minimum number of persons required to form a co-

operative society or a company have taken flats the promoter shall withinthe prescribed period submit an application to the Registrar for registrationof the organisation of persons who take the flats as a co-operative society oras the case may be as a company and the promoter shall join in respect ofthe flats which have not been taken in such application for membership of aco-operative society or as the case may be of a companyVIOLATED

(2) Nothing in sub-section (1) shall affect the right of the promoter todispose of the remaining flats in accordance with the provisions of this Act

19

I KOF 1972 SECTION 11 PROMOTER TO CONVEYTITLE ETC AND EXECUTE DOCUMENTS

Promoter to convey title etc and execute documents according to agreement-A promoter shall take all necessary steps to complete his title and conveyto the organisation of persons who take flats which is registered either asa co-operative society or as a company as aforesaid or to an association offlat-takers his right title and interest in the land and building and executeall relevant documents therefor in accordance with the agreement executedunder section 4 and if no period for the execution of the conveyance is agreedupon he shall execute the conveyance within the prescribed period and alsodeliver all documents of title relating to the property which may be in hispossession or powerVIOLATED

J KOF 1972 SECTION 14 OFFENCES BY PROMOTER

Offences by promoter- Any promoter who without reasonable excuse failsto comply with or contravenes any provisions of this Act or of any rulemade thereunder shall (where no other penalty is expressly provided for) onconviction be punished with imprisonment for a term which may extend toone year or with fine which may extend to two thousand rupees or withboth VIOLATED

and a promoter who commits criminal breach of trust of any amountadvanced or deposited with him for the purposes mentioned in section 5shall on conviction be punished with imprisonment for a term which mayextend to four years or with fine or with bothVIOLATED

K KOF 1972 SECTION 15 OFFENCES BY COMPANIES(SOCIETIES)

Offences by Companies-(1) If the person committing an offence under this Act is a company every

person who at the time the offence was committed was in charge of and wasresponsible to the company for the conduct of business by the company aswell as the company shall be deemed to be guilty of the offence and shallbe liable to be proceeded against and punished accordingly Provided thatnothing contained in this sub-section shall render any such person liableto such punishment provided in this Act if he proves that the offence wascommitted without his knowledge or that he exercised all due diligence toprevent the commission of such offenceVIOLATION NOTIFIEDTO ALL THROUGH THIS DOCUMENT

20

(2) Notwithstanding anything contained in sub-section (1) where an of-fence under this Act has been committed with the consent or connivance ofor is attributable to any negligence on the part of any director managersecretary or other officer of the company such director manager secretaryor other officer shall also be deemed to be guilty of that offence and shall beliable to be proceeded against and punished accordinglyVIOLATIONNOTIFIED TO ALL THROUGH THIS DOCUMENT

X THE CONSUMER PROTECTION ACT

1986

ldquounfair trade practicerdquo means a trade practice which for the purpose ofpromoting the sale use or supply of any goods or for the provision of anyservice adopts any unfair method or unfair or deceptive practice includingany of the following practices namely-

1 (i) an unfair trade practice or a restrictive trade practice has beenadopted by any trader or service provider((nnn) restrictive trade prac-tice means a trade practice which tends to bring about manipulationof price or conditions of delivery or to affect flow of supplies in themarket relating to goods or services in such a manner as to impose onthe consumers unjustified costs or restrictions and shall include

(a) delay beyond the period agreed to by a trader in supply of suchgoods or in providing the services which has led or is likely to leadto rise in the price) VIOLATED

(b) the practice of making any statement whether orally or in writ-ing or by visible representation which(ix) materially misleads thepublic concerning the price at which a product or like products orgoods or services have been or are ordinarily sold or providedand for this purpose a representation as to price shall be deemedto refer to the price at which the product or goods or services hasor have been sold by sellers or provided by suppliers generally inthe relevant market unless it is clearly specified to be the price atwhich the product has been sold or services have been providedby the person by whom or on whose behalf the representation ismadeVIOLATED

2 the goods bought by him or agreed to be bought by him suffer fromone or more defectsVIOLATED

21

3 the services hired or availed of or agreed to be hired or availed of byhim suffer from deficiency in any respectVIOLATED

4 (iv) a trader or service provider as the case may be has charged for thegoods or for the service mentioned in the complaint a price in excessof the price

(a) fixed by or under any law for the time being in force VIO-LATED

(b) displayed on the goods or any package containing such goods VI-OLATED

(c) displayed on the price list exhibited by him by or under any law

for the time being in force VIOLATED(d) agreed between the partiesVIOLATED

5 goods which will be hazardous to life and safety when used or beingoffered for sale to the publicndash

(a) in contravention of any standards relating to safety of such goodsas required to be complied with by or under any law for the timebeing in force VIOLATED

(b) if the trader could have known with due diligence that the goodsso offered are unsafe to the public

rdquodeficiencyrdquo means any fault imperfection shortcoming or inadequacyin the quality nature and manner of performance which is required to bemaintained by or under any law for the time being in force or has been un-dertaken to be performed by a person in pursuance of a contract or otherwisein relation to any service

AWHO has

1 Claimed that it functions as Housing Society but actually is ruled by anautocratic junta with no semblance of democratic governanceVIOLATED

2 Houses suffer many quality defects and reporting recieve no actions andnot even response from AWHO VIOLATED

3 Suffers from many deficiencies viz

(a) over pricing to the tune of 480 where as average inflation in

construction cost is only 78 VIOLATED

22

(b) Housing delayed by 7 years and Common faclities delayed even be-

yond the housing by 2+ years and is still NOT readyVIOLATED(c) Changes to quality design and schedule with out consent of the

consumer VIOLATED(d) Changes to design or quality without compensation for reduction

in cost VIOLATED

4 Construction carried out with out permission from local authorities andhence remain in violation of law VIOLATED

5 Housing conveyed to consumer with out obtaining Completion Cer-tificate and hence consumer can not obtain essential services in theirname VIOLATED

6 Share of common facilities not conveyed to owner though fully chargedby the builderVIOLATED

Act not in derogation of any other lawThe provisions of this Act shallbe in addition to and not in derogation of the provisions of any other law forthe time being in force

XI REAL ESTATE (REGULATION amp

DEVELOPMENT) BILL

The real estate regulation and development bill that seeks to protect homebuyers from dishonest builders was tabled in the Rajya Sabha on Wednesdayby minister of housing and urban poverty alleviation

The cabinet had approved the bill on June 4 The bill has provisions like ajail term of up to three years if developers put up misleading advertisementsabout projects

Draft Real Estate (Regulation amp Development) Bill 201Many practices of AWHO become punishable under this billldquounfair practicerdquo means a practice which for the purpose of promoting

the sale or development of any immovable property adopts any unfair methodor unfair or deceptive practice including any of the following practices

AWHO is engaged in many ldquounfair practicesrdquo like

1 Represent that AWHO is a registered Society but members are deniedparticipation in governance in every way possible virtually turning itinto a ldquoSole Proprietor businessrdquo ( or at best a partnership of the

23

self-appointed Board of Management) of a ldquopublic servantrdquo AdjutantGeneral says ldquowe make rules you just obeyrdquo a violation of HumanRights constitution of India and a large number of statutes VIO-LATED

2 Draw up rules which are with out ldquolegitimacyrdquo ( rule makers haveno legitimacy under statute) and are ldquoillegalrdquo( violate constitutionstatutes and case laws established in the courts of law) and worst of all

kept totally SECRET till it hits you on your faceVIOLATED

3 Makes a false or misleading representation concerning the services

(a) Claim that the property is developed under a State ApartmentAct but fails to take appropriate actions to provide protection ofthe Act to the ldquoallottee membersrdquoVIOLATED

(b) Claims that it will be built on ldquoNo Profit No Lossrdquo basis but resistpersistently to provide verification of the same by denying rightto InformationVIOLATED

(c) Resist transparency in costing to conceal possible profiteering and

speculation in land pricesVIOLATED(d) Violate laid out process to favour friends of the Board of Man-

agement providing largest plot size at throw away prices VIO-LATED

(e) Makes misleading claims about cheaper cost ( Rssquare foot) bydeliberately taking wildly inflated super area in case of AWHObut taking carpet area in case of other buildersVIOLATED

4 Not providing mandatory information as per chapter III section 8 (

including the carpet area of each unit) VIOLATED

5 Violate the rule if the person affected by such incorrect false statementcontained in the advertisement or prospectus intends to withdraw fromthe proposed project he shall be returned his entire investment alongwith interest at such rate as may be prescribed ( and NOT paltry 5)

VIOLATED

6 Violating the clause ldquoa promoter shall not accept any sum of moneyas an advance payment or deposit from a person without first enteringinto a written agreement for sale along with specifications and externaldevelopment works the dates and the manner by which paymentstowards the cost of the plot building or apartment are to be made by

24

the allottees and the date on which the possession of the plot buildingor apartment is to be handed over and such other particulars with suchpersonrdquo leaving every thing(including specification and quality) to the

whims and fancies of AWHO management VIOLATED

7 Fails to fully meet Obligations of promoter towards allottees (for details

refer Clause 12 of the bill) VIOLATED

8 Failure to adhere to approved plans and project specifications by thepromoter( Refer Clause 13 of the Bill) VIOLATED

9 Failure to take all necessary steps to execute a registered conveyancedeed in favour of the allottee thereby transferring the title in the im-movable property along with the undivided proportionate title in thecommon areas simultaneously with the handing over of the possessionof the immovable property and the other title documents pertainingthereto( Refer clause 14 of the bill) VIOLATED

10 Return of amount along with prescribed interest ( not just 5 as ar-bitrarily determined) along with penalty if not complied with time or

specification of the property(Refer Clause 15) VIOLATED

11 Obligations of allottees limited to Clause 16 and not decided arbitrarilyby AWHO in the ldquorule bookrdquoVIOLATED

AWHO being a ldquoWelfare Societyrdquo should be proactive in protecting therights of the member allottees rather than wait for the law to catch up withldquounfair practicesrdquo of the real estate sharks and builder mafia

Shouldnrsquot a welfare society engaged in welfare activities for the veteranNOT do acts which are punishable and also should actively engage in actsthat promote transparency as defined in the bill

All provisions of the Act that protects the rights of the buyers of HousingReal Estate (and AWHO which is nothing but the Society of Housing Buyers)

have been totally VIOLATED

XII LOCAL AUTHORITIES BYE-LAWS

BIAAPA

We understand major violations of the BIAAPA bye-laws have been commit-ted by AWHOVIOLATED

Some of the violations are

25

1 Construction has proceeded beyond authorized by regulator and hencehence the facilities are essentially non-compliant VIOLATED

2 Construction in common areas handed over to Karnataka Governmentas per the regulating authority is patently illegalVIOLATED

3 AWHO is not able to get a ldquocompletion Certificaterdquo for its constructionof dwelling units and common facilitiesVIOLATED

4 Conveying property with out ldquocompletion Certificaterdquo of local author-ities is violation Karnataka Act VIOLATED

5 It is a criminal breach of trust of the consumer VIOLATED

XIII KARNATAKA TOWN AND

COUNTRY PLANNING ACT 1961

Being added shortly

XIV AWHO AND WELFARE ACTIVITIES

This does not provide any special powers rights privileges or immunities toAWHO This is a ldquoLiberty rightrdquo and NOT a ldquoClaim Rightrdquo ala Hohfeld6

One of the subjects of traditional jurisprudence is the analysis of the mostgeneral legal concepts for example rights and duties Contemporary philoso-phers of law similarly ask What do we mean by a right This is not a merelyacademic question for it arises in legal practice Wesley Newcomb Hohfeldexamined the writings of lawyers and judges and found that they used a rightindiscriminately to express four very different legal concepts that of a liberty(or privilege) claim power or immunity Hohfeld believed that lawyers andjudges need to distinguish between these fundamental legal conceptions todefine the precise issue before a court 7

A claim right is a right which entails responsibilities duties orobligations on other parties regarding the right-holder In con-trast a liberty right is a right which does not entail obligations

6Hoehfeld Fundamental legal conceptions as applied in judicial reasoning http

platostanfordeduentriesrights21 and httpwwwarchiveorgstream

fundamentallegal00hohfuoftpagen3mode2up7 httpivr-encinfoindexphptitle=Rights

26

on other parties but rather only freedom or permission for theright-holder The distinction between these two senses of ldquorightsrdquooriginates in American jurist Wesley Newcomb Hohfeldrsquos analy-sis thereof in his seminal work Fundamental Legal ConceptionsAs Applied in Judicial Reasoning and Other Legal Essays8

This liberty right is provided only as long as the Society fulfills its dutiesto its Members

1 The Society has a duty to respect the rights of its membersVIOLATED

2 Society has a duty to abide by the Constitution of India and also honorthe fundamental and constitutional rights of its membersVIOLATED

3 Society has a duty to abide by the statute under which it was createdviz Registration of Societies Act 1860VIOLATED

4 Society has a duty to abide by all the applicable statutes and case laws(Consumer protection laws Property laws State Apartment Owners

Act Transfer of Properties Act Indian Trusts Act 1882 etc)VIOLATED

5 Society has a duty to abide by the tax laws applicable to non-profitsocietiesVIOLATED

XV NO PROFIT NO LOSS

No Profit No Loss (NPNL) is often being cited by AWHO as bestowingsome special powers rights and prvileges 9 The saddest fact is that it doesnot provide any of this If any thing it binds some duties liabilities anddisabilities on AWHO What are these duties Undoubtedly

1 AWHO has a duty not to make any profit out of its dealingstransactions

with its membersVIOLATED

2 AWHO has a duty to its members to charge its members at cost priceand cost price aloneVIOLATED

3 AWHO has a duty to its members NOT to charge for those items forwhich it has not paid any price or incurred any expenseVIOLATED

8httpwwwlawharvardedufacultycdonahuecoursespropmatHohfeld

pdf

9 httpwwwlawharvardedufacultycdonahuecoursespropmatHohfeld

pdf

27

4 AWHO has a duty to its members to distribute surpluses if any at theend of the ProjectVIOLATED

5 AWHO has a duty to its members to be transparent to establish thetruth of all of the aboveVIOLATED

XVI AWHO IS A REGISTERED SOCIETY

This again does not provide any special powers rights or privileges to AWHOIf any thing it binds AWHO to fulfill its duties to its members What arethese duties

1 The Society has a duty to its members that it will be governed demo-cratically as required by the statuteVIOLATED

2 Society has a duty to provide equal rights to its members to be eligibleto election to its Board of Management as required by the statuteVIOLATED

3 Society has a duty to provide all the members right to vote as requiredby the statuteVIOLATED

4 Society has a duty to provide the right to approve all the rules that ap-ply to the Society Members as required by the statuteVIOLATED

5 Society has a duty to seek approval of the members of its auditedaccounts as required by the statuteVIOLATED

6 Society has a duty to seek approval of the members (35th majority) in

case the Society has to be closed as required by the statuteVIOLATED

XVII AWHO BUILDS HOUSES ON A

SELF-FINANCING BASIS


1 The Society has a duty to its members that it will respect the fiduciaryResponsibilities applicable for trustee to its beneficiariesVIOLATED

2 Society has a duty to provide the trusteeship duties towards its bene-ficiariesVIOLATED

28

3 Society has a duty to provide all the members undivided loyaltyVIOLATED

4 Society has a duty to provide all the Members a duty of careVIOLATED

5 Society has a duty to refrain from any activity that may engender anyconflict of interestVIOLATED

XVIII CONCLUSIONS

It can easily be verified that any or all the above do not provide AWHOany special powers rights or privileges On the other hand each of the aboveimposes certain duties on the part of AWHO to its members AWHO is foundto quote the above in many courts of law 10 to escape on some pretext therequirements to abide by the duties imposed The above analysis lays barethe duties of AWHO to abide by the Rule of Law

Every violation has been notified to AWHO MD Chairman amp Boardof Management and also the Chief of Army Staff by Members of AWHOrepeatedly in writing and none of the authorities have responded to thesenotifications even once Not responding to these notifications do NOT giveAWHO Society and its management any immunity from prosecution for of-fences committed deliberately willingly and knowingly with an intent todeceive a design to induce belief in the falsity or to mislead with the anintent to defraud ndash that is the intent to deprive the members of the Socieythe right to the protection of the Laws of the land by means of deceit

Practically every fella that breaks the law has a danged good rea-son to his own way of thinking which makes every case excep-tional not just one or two Take you for examplendashJim Thomp-son

For the powerful crimes are those that others commitndash NoamChomsky Imperial Ambitions

The larger crimes are apt to be the simpler for the bigger thecrime the more obvious as a rule is the motivendash Arthur ConanDoyle

A criminal remains a criminal whether he uses a convictrsquos suitor a monarchrsquos crownndashVictor Hugo

10 httpwwwrtiindiagovincic_decisionsCIC_LS_A_2013_000543_M_

115574pdf

29

Introduction

Constitution of india

Fundamental Right Article 14

Right to Property

Right to Democratic Self Governance of Co-operative Housing Society

Indian Penal Code

Transfer of Property Act

Right to Information Act

Registration of Societies Act

The Indian Trusts Act 1882

Fiduciary Duties under Common Law

Fiduciary Duties of the lawyerOfficer of the Court

VIOLATIONS of THE KARNATAKA OWNERSHIP FLATS (REGULATION OF THE PROMOTION OF CONSTRUCTION SALE MANAGEMENT AND TRANSFER) ACT1972

KOF 1972 Section 3 General liabilities of promoter-

KOF 1972 Section 4 Agreement with Buyers-

KOF 1972 Section 5 separate account-

KOF 1972 Section 6 Responsibility for payment of outgoings-

KOF 1972 Section 7 Alterations Changes Defects and Defect Removal

KOF 1972 Section 8 Refund of amount Paid

KOF 1972 Section 9No Mortgage

KOF 1972 Section 10 Co-operative Society or Company

KOF 1972 Section 11 Promoter to convey title etc and execute documents

KOF 1972 Section 14 Offences by promoter

KOF 1972 Section 15 Offences by Companies (Societies)

The Consumer Protection Act 1986

Real Estate (Regulation amp Development) Bill

Local Authorities BYE-LAWS BIAAPA

KARNATAKA TOWN AND COUNTRY PLANNING ACT 1961

AWHO and Welfare Activities

No Profit No Loss

AWHO is a Registered Society

AWHO builds houses on a self-financing Basis

Conclusions

Contents

I Introduction 4

II Constitution of india 6A Fundamental Right Article 14 6B Right to Property 6C Right to Democratic Self Governance of Co-operative Housing

Society 7

III Indian Penal Code 8

IV Transfer of Property Act 9

V Right to Information Act 10

VI Registration of Societies Act 10

VIIThe Indian Trusts Act 1882 12

VIIIFiduciary Duties under Common Law 14A Fiduciary Duties of the lawyerOfficer of the Court 15

IX VIOLATIONS of THE KARNATAKA OWNERSHIP FLATS(REGULATION OF THE PROMOTION OF CONSTRUC-TION SALE MANAGEMENT AND TRANSFER) ACT1972 15A KOF 1972 Section 3 General liabilities of promoter- 15B KOF 1972 Section 4 Agreement with Buyers- 16C KOF 1972 Section 5 separate account- 17D KOF 1972 Section 6 Responsibility for payment of outgoings- 17E KOF 1972 Section 7 Alterations Changes Defects and Defect

Removal 18F KOF 1972 Section 8 Refund of amount Paid 18G KOF 1972 Section 9No Mortgage 19H KOF 1972 Section 10 Co-operative Society or Company 19I KOF 1972 Section 11 Promoter to convey title etc and

execute documents 20J KOF 1972 Section 14 Offences by promoter 20K KOF 1972 Section 15 Offences by Companies (Societies) 20

X The Consumer Protection Act 1986 21

XI Real Estate (Regulation amp Development) Bill 23

2







XVIIIConclusions 29

3




I INTRODUCTION






4






3ibid

5









VIOLATED

B RIGHT TO PROPERTY



6














7









8







9












10







11










12









13





COMMON LAW



VIOLATED




14





OF THE PROMOTION OF

CONSTRUCTION SALE


ACT1972





15














16






17











18










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions







XVIIIConclusions 29

3




I INTRODUCTION






4






3ibid

5









VIOLATED

B RIGHT TO PROPERTY



6














7









8







9












10







11










12









13





COMMON LAW



VIOLATED




14





OF THE PROMOTION OF

CONSTRUCTION SALE


ACT1972





15














16






17











18










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions




I INTRODUCTION






4






3ibid

5









VIOLATED

B RIGHT TO PROPERTY



6














7









8







9












10







11










12









13





COMMON LAW



VIOLATED




14





OF THE PROMOTION OF

CONSTRUCTION SALE


ACT1972





15














16






17











18










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions






3ibid

5









VIOLATED

B RIGHT TO PROPERTY



6














7









8







9












10







11










12









13





COMMON LAW



VIOLATED




14





OF THE PROMOTION OF

CONSTRUCTION SALE


ACT1972





15














16






17











18










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions









VIOLATED

B RIGHT TO PROPERTY



6














7









8







9












10







11










12









13





COMMON LAW



VIOLATED




14





OF THE PROMOTION OF

CONSTRUCTION SALE


ACT1972





15














16






17











18










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions














7









8







9












10







11










12









13





COMMON LAW



VIOLATED




14





OF THE PROMOTION OF

CONSTRUCTION SALE


ACT1972





15














16






17











18










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions









8







9












10







11










12









13





COMMON LAW



VIOLATED




14





OF THE PROMOTION OF

CONSTRUCTION SALE


ACT1972





15














16






17











18










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions







9












10







11










12









13





COMMON LAW



VIOLATED




14





OF THE PROMOTION OF

CONSTRUCTION SALE


ACT1972





15














16






17











18










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions












10







11










12









13





COMMON LAW



VIOLATED




14





OF THE PROMOTION OF

CONSTRUCTION SALE


ACT1972





15














16






17











18










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions







11










12









13





COMMON LAW



VIOLATED




14





OF THE PROMOTION OF

CONSTRUCTION SALE


ACT1972





15














16






17











18










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions










12









13





COMMON LAW



VIOLATED




14





OF THE PROMOTION OF

CONSTRUCTION SALE


ACT1972





15














16






17











18










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions









13





COMMON LAW



VIOLATED




14





OF THE PROMOTION OF

CONSTRUCTION SALE


ACT1972





15














16






17











18










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions





COMMON LAW



VIOLATED




14





OF THE PROMOTION OF

CONSTRUCTION SALE


ACT1972





15














16






17











18










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions





OF THE PROMOTION OF

CONSTRUCTION SALE


ACT1972





15














16






17











18










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions














16






17











18










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions






17











18










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions











18










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions










19









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions









20



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions



1986






21











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions











AWHO has






22




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions




in cost VIOLATED






DEVELOPMENT) BILL







23














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions














VIOLATED


24















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions















BIAAPA



25








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions








Being added shortly








26
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions
















pdf


pdf

27

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions

















28




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions




XVIII CONCLUSIONS








115574pdf

29

Introduction



Right to Property


Indian Penal Code
























No Profit No Loss



Conclusions

awho statute & constitution violations

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