FAQ about the Court Cases

Q.1 - What are the legal remedies available to the buyers?

Ans- There are three types of legal remedies available to the buyers of Earth Infrastructures Ltd:

1. File a Criminal Complaint in Economic Offences Wing-

A Buyer can file a complaint of cheating, criminal breach of trust and criminal conspiracy (under section 406, 420 & 120B of Indian Penal Code) against the directors of the company for the acts done by the directors by misappropriation of funds & using the money for personal benefits instead of constructing the projects.

2. File a Consumer Complaint in National Consumer Forum for [Delivery of project + Penalty on late delivery] or [Refund+Interest+Penalty]-

A Buyer can file a complaint as an end user/consumer in National Consumer Forum known as National Consumer Dispute Redressal Forum (NCDRC) for [Delivery of project + Penalty on late delivery] or [Refund+Interest+Penalty]. It is the basic right of buyer to protect his investment and a consumer case is one of the best & affordable options for it. Kindly remember that the time limit to file such case is 3 years from last date of payment/cause of action.

3. File a Civil Recovery Suit for money recovery

A Buyer can either file a consumer case or civil recovery case for money recovery. This case is filed when a buyer could not go in consumer court because of the nature of investment. This case is normally filed by investors and not the end users (consumers). The litigation cost of such case is very high comparatively to the consumer case. So it is recommended as a last option for recovery of the money. Kindly remember that the time limit to file such case is 3 years from last date of payment/cause of action.

Q.2 What is EOW (Economic Offences Wing) and How many FIRs are there against Earth Infrastrucutes Ltd and its directors?

Ans- EOW (Economic Offences Wing) is a specialized wing of the Delhi Police to deal with important cases concerning multi-level-marketing frauds, share market frauds, multi-victim frauds, foreign trade related frauds, land and building rackets, offences of forgery, cheating by individuals and Non-Banking Financial Companies, cyber crimes, offences related to Intellectual Property Rights and such like cases.

There are 4 FIRs registered against Earth Infrastrucutres Ltd and its directors, details are given below:

• EOW FIR 043/2016 - Investigating Officer: Shri Manish Kumar
  • FIR Registration Date: 07/04/2016
  • Projects included: Earth Iconic (Gurgaon), Earth Copia (Gurgaon), Earth Elacasa (Gurgaon), Earth Sapphire Court (Greater Noida West)
• EOW FIR 0111/2016 - Investigating Officer: Shri Vinod Gandhi
  • FIR Registration Date: 12/07/2016
  • Project Included: Earth Towne (Location: Greater Noida West)
• EOW FIR 0112/2016 - Investigating Officer: Shri Vinod Gandhi
  • FIR Registration Date: 12/07/2016
  • Project Included: Earth Tech-One [Alpha-tech, Beta-tech, Gamma-tech, Expressone, Studios] (Location: Yamuna Expressway, Greater Noida)
• EOW FIR 0113/2016 - Investigating Officer: Shri Dharmender Kumar
  • FIR Registration Date: 12/07/2016
  • Project Included: Earth Titanium Studios & Earth Titanium Galleria (Location: Yamuna Expressway, Greater Noida)
• EOW FIR 0179/2016 - Investigating Officer: Shri Manish Kumar
  • FIR Registration Date: 23/10/2017
  • Projects included: Earth Skygate (Gurgaon)

(Copy of All the FIRs are available for download on DOWNLOADS page)

Q.3 - How a buyer could file/join a criminal complaint in Economic Offences Wing (EOW)?

Ans- Steps to file/join a criminal complaint in EOW are as follows:

Step 1: Go to the downloads page of this website

Step 2: Search the format of complaint related or similar to your project in complaint samples on downloads page.

Step 3: Read the full complaint sample and change it according to your specific case.

Step 4: Do not leave blank space in the complaint file, remove the yellow color after filing your file and format it properly.

Step 5: Add Brochures as an attachment to your complaint, you can download the brochures from the same page.

Step 6: Sign on every single page of your complaint being submitted by you in EOW either by post or by hand.

Step 7: Speed Post/Submit your complaint at:

DCP

ECONOMIC OFFENCES WING,

MANDIR MARG POLICE STATION,

MANDIR MARG, NEW DELHI-110001

Step 8: Get the diary number from EOW and your complaint will be attached automatically with related EOW FIR.

Q.4 - Is there any alternate method to join the EOW Case as complainant?

Ans- Yes, there is an alternate method to join this case as complainant in steps given below:

• Step 1: Go to the EOW PAGE of this website.
• Step 2: Fill the Online Authorization Form available on EOW PAGE.
• Step 3: Fill all the required details in the Authorization Form and Submit the form online.
• Step 4: A list of complainants will be prepared from the filled details, which will be submitted in the court during various hearings.
• Step 5: Your name will be added in the case as a complainant directly in court's records.

Q.5 - How a buyer could file/join a Consumer Case in National Consumer Forum?

Ans- A buyer can join a Consumer Case in NCDRC in steps given below:

Step 1: Go to the website www.powa.org.in

Step 2: Download the Membership Application Form for membership of “Property Owners Welfare Association”

Step 3: Read the full application form with the instructions on the form as well as on the website before filling it.

Step 4: Download the Affidavit format required for Consumer Complaint in NCDRC.

Step 5: Prepare the Affidavit on Rs. 10 stamp paper and get it notarized from a notary.

Step 6: Send the Filled Application Form, Notarized Affidavit and the cheque of applicable fee on the address mentioned on the Application Form.

Q.6 - How a buyer could file/join a Civil Recovery Suit for money recovery?

Ans-

The Civil Recovery Suits are filed on individual basis so they cannot be joined by multiple complainants for the same cause. We are presently filing our cases in National Consumer Court so the chances to go for Civil Recovery Suit are very much less. But in some specific cases, where complainants are certified investors will be filing the civil recovery suit. So contact the representatives of Property Owners Welfare Association for more information on it.

Q.7 - Is it necessary to file two cases i.e EOW & NCDRC cases simultaneously?

Ans-

It is not necessary to file both the cases EOW as well as NCDRC, but it is recommended to file both the cases for the benefit of the buyers as well as to report the authorities/government/judiciary about the seriousness of the issue so that they could protect our rights as a citizen of India.

Economic Offences Wing (EOW) case is being filed for the punishment to the responsible persons as per Indian Penal Code as well as for the seizure of personal properties of the responsible persons acquired/created by using the money of buyers as per Code of Criminal Procedure.

National Consumer Dispute Redressal Forum (NCDRC) case is being filed for the recovery of the money with penalty and interest on it. It can also be filed for getting possession of the property with the late penalty.

Q.8 - Can anyone file NCDRC Case & Civil Money Recovery Suit simultaneously?

Ans-

No, Both the cases i.e NCDRC Case & Civil Money Recovery Suit cannot be filed simultaneously because both the case are of same nature and filed under the same Civil Procedure Code applicable in India.

Q.9 - What is the guarantee/chance of getting our money back by filing any of these cases and How much time will it take?

Ans-

Its always better to do something, its always better to try and its always better to make efforts for getting something that is yours. Loosing your hope by getting effected from the negativity around you will give you nothing except fear, weakness, hesitation and doubt. None can guarantee about getting back our money but we can file the cases because only these legal remedies are available to us as per Indian Laws. Court cases take time so none can speculate any timeline at the time of filing of cases. If we calculate our chances to getting our money back then there are very much chances of it, just have faith on judicial system of our country because only your faith and patience can make you a winner.

Q.10 - What is the status of going on EOW Case & NCDRC Case?

Ans-

For getting updates and status of going on EOW Cases check the details in Google Calendar on Homepage of this website.

For getting updates and status of going on NCDRC Cases check the Case Update page on www.powa.org.in