For 70-year-old Nilkamal Patel and his sexagenarian wife Nirja, life has always been full of challenges, some of them unending. The dream home that they had purchased from a private builder in Ambawadi area of Ahmedabad turned into rubble during a major earthquake in 2001.
Patel, and eight of his neighbours, impressed by the Consumer Protection Act, decided to sue the builder for compensation, thinking that they might get speedy justice as the Act provides.
Eighteen years on, the fight continues, and the couple is not very hopeful of seeing a finality to the litigation in their lifetime.
Notably, the case was filed in 2001 before the Consumer Disputes Redressal Commission in Gujarat. The commission took 11 years to deliver its verdict on January 30, 2012, and much to the happiness of the affected families, it was in their favour.
The state commission ordered the builder to pay a hefty compensation to the affected families along with interest, which was around Rs 3.6 crore. Unhappy with the same, the builder approached the National Consumer Disputes Redressal Commission (NCDRC) in 2012.
Interestingly, what could reflect the real state of speedy justice for consumers, the appeal filed in the year 2012 came up for hearing only in the year 2017 after around 5 years. Thereafter, the case had been listed on six occasions for hearing and is still pending before NCDRC.
"Eighteen years have passed since we filed the case. With our growing age, we are not hopeful to see a finality to the litigation even in our lifetime. Even if the NCDRC gives a judgment in our favour, the builder could again approach the Supreme Court, where it will continue for several years. Till date, we have not received a penny as compensation from the builder, but ended up spending a few lakhs from our own pocket to fight the case," Patel said.
"After the building collapsed, my son and his wife were luckily rescued after 36 hours. I have seen 11 deaths due to the collapse, including my maid, who was working in the kitchen. This horrific experience gave me the courage to fight against the realtor and I am still fighting. But, as they say, justice delayed is justice denied," he added.