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18-year-long battle for house still not over for late Vasant Karode

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Anuradha Mascarenhas

Posted: Mar 11, 2009 at 0205 hrs IST

Pune It can be only termed a case of justice denied for Vasant Karode, whose fight to get possession of a twin bungalow of 1,000 sq ft that he purchased in Baner in 1991, went on for 18 long years. The District Consumer Dispute Redressal Forum where the case was being argued, first passed a judgment in favour of Karode in 1993. This was upheld at the state and national levels subsequently. Still Karode never got possession of his house.

Finally, a non-bailable arrest warrant was issued against city builder Uday Manerikar this Monday, but it came a little late for Karode, who passed away in November last. Now, it is left to Karode’s son Ashish Karode to continue the fight and hope that he can get justice so that his father's soul may rest in peace.

Ashish Karode who stays in Delhi was in Pune for the hearing and told The Indian Express that his father who had retired as an executive with an oil company had put in his life savings to buy his dream house. “However, under one ruse or the other, the builder did not let him occupy the house,’’ rued Ashish.

Advocate N P Bhog who represented the case at the forum said that Vasant Karode had entered into a `composite agreement’ with the builder for purchasing a twin bungalow of 1000 sq ft that was to be built on an area of 1000 sq ft. But over the over the last 18 years the builder made additional constructions and occupied the whole bungalow space, said Bhog.

The sale agreement of Rs three lakh was made between Karode and the builder on May 4, 1991. However the latter failed to deliver possession of the bungalow to Karode and from there on the matters got into the purview of the Pune district consumer redressal forum. The forum, in 1993 allowed Karode’s complaint and directed the builder to give peaceful possession of the house to Karode. State Consumer Redressal Commission upheld the order on October 3, 2001, but after a lapse of eight long years. The National Commission too confirmed the order of the state commission, but quickly, in 2002. Subsequently the builder’s appeal against the orders was dismissed in the Supreme Court in 2006, after a four-year delay. The apex court had also directed the builder to hand over possession of the bungalow to Karode. But it took another couple of years before the builder eventually agreed to hand over possession of the premises - on February 2, 2009, an agreement he failed to adhere to. In an order on March 9 the Pune district consumer redressal forum called for the issue of a non-bailable warrant against Manerikar. The forum presided by P K Gaikwad in its order ruled that the non-bailable warrant should be executed against the builder by the Chatushrungi police station. Meanwhile, Karode’s son is still waiting for that his late father’s dream – to get possession of a house that he paid for - to come true.

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Let's wake up! by Anish Shah on 09 May 2009

As an NRI based in the US, it is extremely disheartening to see the plight of an elderly and righteous citizen being victimized and subsequently, a dutiful, caring and emotionally distraught son struggle with the "system." We take great pride in our country of origin - India. We tirelessly try to instill in our children the conviction that a rich culture deeply rooted in sound values forms the backbone of India and Indians. We work hard to remind ourselves and our children the true meaning of being an Indian. Incidents like these set up hypocrisy barricades in our endeavors. Please ... let us set things right for Ashish Karode, for our citizens, for a righteous society and for the future of a country we deeply love and wish the best for - now and always.

18 year long battle for justice by usha roy on 21 Mar 2009

In India no dispute can be solved unless some god father inhigh places takes interest and pulls the right strings or applies pressure. Now that every thing that should be done through correct channel has been done to get the right outcome the only way left is look for an authority who will make the Polic work It is heard the present commisioner of Pune is anefficient and upright man Why not meet him and see if can make the police work and deliver the long due justice.

KICK HIM OUT!!!! by altaf on 20 Mar 2009

18 years???? and still no justice? is this the kind of judicial system we have?? it just sounds really really outrageous . Seems like delayed justice, spending an entire life going back and forth the courts is for people who respect and abide the law and rules. And the law breakers get the luxury of breaking it with nothing to fear! I hope at least now the justice awakens and not only does the court kick the wrongful OUT but ALSO make him pay for all the time, effort, trauma, emotions, frustrations of the past 18 years. That undoubtedbly is something that cannot be compensated ever. The post by Indian Express is a bold step against such unscrupulous people and I hope that people reading it would also take such small bold steps by boycotting such a person from the society itself. And to the judicial system all i can say is its high time they get a spine to be fair and a spine to stand up to their verdict that it gets followed through and executed.

Fight to Finish by RajGuru S on 19 Mar 2009

Why is it that for every few steps in the direction of "India Shining" there comes a sad shock that seems to walk us back to the cave man ages.Aashish Karodes' ongoing 18 year crusade for justice is one such rude wakeup alarm for the powers that be and for the power of collective citizen action.To the judiciary, i say , justice delayed is justice denied,To all unscrupulous builders and others still working on the might is right , and bend the law approach, may your tribe perish.To the undying faith in the 'system" , and the perseverance of continuing on the path of righteousness, more power to Late Mr Vasants crusade.and to Aashish, i would be disappointed in you , if you dont pursue the matter beyond regaining posession and setting a deterrent for the wrongdoers.Some things are worth fighting to the end...for a new begining.

Fight to Finish by RajGuru SanJay on 19 Mar 2009

Why is it that for every few steps in the direction of "India Shining" there comes a sad shock that seems to walk us back to the cave man ages.Aashish Karodes' ongoing 18 year crusade for justice is one such rude wakeup alarm for the powers that be and for the power of collective citizen action.To the judiciary, i say , justice delayed is justice denied,To all unscrupulous builders and others still working on the might is right , and bend the law approach, may your tribe perish.To the undying faith in the 'system" , and the perseverance of continuing on the path of righteousness, more power to Late Mr Vasants crusade.and to Aashish, i would be disappointed in you , if you dont pursue the matter beyond regaining posession and setting a deterrent for the wrongdoers.Some things are worth fighting to the end...for a new begining.

Jago Court Jago by Mudassar M Yahya on 16 Mar 2009

It is time for Indian judiciary system to rid itself of lethargy it is often associated with. Unfortunately the trend of administering delayed judgement has even bacome a theme of a number of Hindi movies. Yet the system is unmoved and unconcerned.It is lamentable that a mortally sick dying old man's case could could not impress Indian Court and died seeking justice. What is even more lamentable is the fact that after Mr Vasant Karode's looming demise, the plight is not yet over for his son Mr Ashish Karode. I have witnessed him and his wife slog to meet the house-hold expenses and paying off the installments of the bunglow they purchased. At the same time Ashish Karode had to fly to Pune to attend his prents and the court and then fly back to his home town Noida. For any single man it is a tall order.Hope the court expedites the legal matter and clears up already an open and shut case.

arrest the builder by Arun Khandelia on 16 Mar 2009

It remains to be seen whether Indian Courts can even ensurethat there own orders are implimented. Such builders like, Manerikar take advantage of the legal flaws.

Justice by SK on 15 Mar 2009

It is time the Karode family receive their house. They have repeatedly won ruling after ruling. The authorities must honor the judicial system's rulings and arrest the criminal builder. The home should be given to the Karode's and the criminal should be imprisoned for at least 18 years.

18-yr-long battle for house...vasant Karode, March 11 2009 by Dileep Deshpande on 15 Mar 2009

Shocking how justice is delayed even now in India. You must pursue the case till the builder pays damages for his 18 years of illegal occupation of the property. Kudos to Indian Express for taking up this cause.

Justice by SK on 15 Mar 2009

Good on the Express and Anuradha Mascarenhas for reporting on the plight of the Karode family. There is no excuse for a delay of 18 years for the Karode family and it must not be tolerated. The judicial system has repeatedly ruled in favor of the late Vasant Karode and its rulings must be adhered to and executed. The family deserves their home immediately and the criminal builder should be placed in jail for at least 18 years.

Wake Up by Sundeep Vira on 13 Mar 2009

It is commendable of the Express to highlight this blatant case of injustice. The greater plight of India is evident in this story. The strength, bravery and tenacity for justice shown by Late Shri Karode on one hand and the system of corruption and greed of builders and their unscrupulous tentacles on the other. The lack of police support and disregard of state and national court rulings is appalling.Wake up India and speak up for justice.

sad state of law enforcement by arun gandhi on 13 Mar 2009

This surely points to a nexus between the builder and the law enforcement. I hope that the courts will take action any state officials if their orders are not implemented.

My comments on the article by PT Karode on 13 Mar 2009

Article: 18-year-long battle for house still not over for late Vasant KarodeWe agree with everything mentioned in this article. I have the first hand knowledge of the anguish and helplessness my brother felt while following legal options available in India. In my opinion it is imperative to get media involved for such expose. The peer pressure and loss of reputation in the society, hopefully should force the unethical builder to hand over the property to the rightful owner. It is frustrating to witness that such "goonda raj" by the builder is still tolerated in Maharashtra. With your help and support of law abiding citizens, I am confident that Ashish will finish soon what Vasant Karode started 18 years ago.

18 yr. old battle for Late Mr.V.Karode by Swarnendu Kumar Biswas on 12 Mar 2009

Hi Ms. Mascarenhas,It is really heartening to see your paper's concern

Slumdog Mentality by ps on 12 Mar 2009

If the government wants to project India as a super power in the 21st century, it must get out of the slumdog mentality and enforce the rule of law, speedily implement justice and apprehend anti social elements. It is only then will we be able hold our heads up high and say "Mera Bharat Mahan". I would suggest that this story be bookmarked on sites such as del.icio.us and other social media sites to gain wider coverage on the internet.

Dada giri by Jaideep Mathur on 12 Mar 2009

The nexus of builders/ politicians and the goondas/ mafia is very evident and a reality...high time it is exposed and resolved .......I hope the justice department can get their act together failing which I believe we will reach a situation like Pakistan in the near future...

justice delayed is justice denied by subba ghosh on 11 Mar 2009

justice delayed is justice denied. This case is symptomatic of our country where it seems that criminal elements are above the law which why this builder even dares to be in contempt of the supreme court. I think the law enforcing agencies should get their act together and enforce the court order unless they are also in cahoots with the builder

Justice to Karodes by Cdr Arun Patil on 11 Mar 2009

This is a typical case of justice delayed being justice denied. Even if Ashish gets possession of the bungalow now, his father has lost out. All strength to Ashish to get the ultimate moral victory.

architect by shirish and manasi beri on 11 Mar 2009

we have discussed this matter with the karodes- especially mr. vasant karode for all these years and seen/ felt the trauma and agony that he has undergone. there would be hopeful joy just after the case was won . then after a few days, months the stalemate would continue.we helplessly felt extremely bad and sad at all that was happening, especially to his fragile health. our second cause of distress was how an honest, hardworking ,well-placed person like him failed to get what was rightfully due to him because of the corrupt practises in our society and amongst our builders.we are ready to help ,if necessary ,to see this munerikar evicted. we pray that this happens soon and that justice prevails.

Vasant Karode by Suberna Shringla on 11 Mar 2009

Ashish Karode is a childhood friend of mine from our boarding school days. His father as I knew him was a person of high morals, strong character and had simple goals in life though mostly at a community level. It is very sad to know what he and his family have gone through though finally there appears to be the light of justice at the end of this long dark tunnel of time.As an NRI based in HK with pride in my country, I look forward to seeing justice done.

unscrupulous builder by roobina on 11 Mar 2009

the developer has failed to honour the verdict of the court. Isnt it time that the verdict be actualized and the property be handed over to whom it rightfully belongs?

JUSTICE NOW FOR MR KARODE by ahukla sawant on 11 Mar 2009

The state and the judiciary needs to get its act together to implement the law of the land in order to ensure that upright and law abiding citizens are given justice in time and that court rulings are actually implemented. Unscrupulous members of the builder lobby need to be dealt with severely…they are truly the scum of the earth.I admire and respect Mr Karode’s steadfast faith in the judicial system even though it may have ruined his old age ….18 years is far too long for anyone to wait for justice no wonder people are beginning to take law into their own hands!!!!

18-year-long battle for house still not over for late Vasant Karode by Ashish Karode on 11 Mar 2009

I hope the Express will continue to track the developments- Whether the inneffective judiciary that allows this for 18 yers can actually ensure that the police arrest the unscrupulous builder? About why in this country, after winning in all the highest courts in the land, Vasant Karode's family cant get possession of the property he paid for. Under whose protection, can the builder still live in the house and keep building more additions on it and appealing under one pretext or another retain possesion of someone else's property with no consequences despite court orders being upheld in all the courts?

the state must act by ajeet singh karan on 11 Mar 2009

this narrative brings to the fore a few issues:lack of legal oversight over the builder community.just as the law protects depositors in banks,there has to be strict oversight over real estate development.there are several instances of people losing their life's savings to unsrupulous builders.secondly,the tardy process of law hinders justice. we hope in this instance that the guilty is now speedily brought to justice and the strictest punishment meted out to him. upright people like the karodes must be lauded and their interests protected by the state. our best wishes are with the karodes and it is heartening to know that there are still people who patiently fight for their rights without losing faith in the system that has failed them.

Unscrupulous builders of Pune by Aashish Karode on 11 Mar 2009

It is no point simply dreaming of a just and meritorious society- This goonda raj has to be ended. If the judiciary is so helpless, citizens and the media ought to do what is in our power. I commend you on the story about the unscrupulous builder Uday Manerikar. Mr. Vasant Karode did not live to see his house in his lifetime, and having given away his earnings to the builder, one might say the cost of living on his own terms ultimately may have been too high for him and hundreds of others cheated everyday by builders. I hope the Indian Express will pursue the matter of whether the police too will act on the courts orders and arrest Uday Manerikar, the unscrupulous builder.

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