Suraksha Realty Remediation Schema
Phased Enforcement
1. Criminal Redress – FIR & Judicial Oversight (CrPC Section 156(3))
Upon non-compliance or continuation of coercive demands, an application before the Magistrate under Section 156(3) CrPC should be filed. This triggers a seven-to-ten-day window for initiation of investigation into cognizable offences under the Bharatiya Nyaya Sanhita (BNS). Magistrate-monitored investigation ensures impartiality, particularly where police hesitation is evident.
2. Insolvency Redress Before NCLT (IBC Section 60(5))
A simultaneous independent remedy lies before the National Company Law Tribunal (NCLT) through an e-filed Interlocutory Application. Within two to four weeks, the Tribunal is empowered to impose sanctions, rectify the Statement of Accounts, and enforce compliance with binding plan directions, specifically Para 178(i) concerning interest and demand computations.
3. IBBI Intervention (Form A – ibbi.gov.in)
Within a three-to-six-month oversight period, the Insolvency and Bankruptcy Board of India (IBBI) may be approached through Form A for regulatory action under Section 74 of the IBC. This includes scrutiny of Resolution Professional conduct, enforcement of compliance, and imposition of penalties for deviations from the approved Resolution Plan.
4. Supreme Court Contempt Proceedings (sci.gov.in)
Where judicial directions are defied or misrepresented, a contempt petition before the Supreme Court may be initiated, typically resulting in listing within one to two months. The relief sought would include judicial censure consistent with Para 67 of the Essar Steel judgment, reinforcing the binding nature of plan compliance and prohibiting unilateral deviations.
5. RERA Redress (up-rera.in)
A complaint before UP-RERA, which operates on a statutory sixty-day disposal timeline, provides an additional forum for securing delay compensation, rectification of dues, and enforcement of builder obligations. RERA’s consumer-oriented mandate strengthens the overall enforcement matrix.
6. National Consumer Helpline (NCH – 1915 / consumerhelpline.gov.in)
A parallel remedy is available through the National Consumer Helpline (NCH), which functions under the Department of Consumer Affairs. Once a complaint is registered, the builder is formally notified and must respond within the prescribed timeline under the Consumer Protection Act, 2019. The NCH docket becomes documentary evidence of deficiency of service, unfair trade practice, and coercive financial conduct. It also strengthens subsequent filings before RERA, NCLT, the police, and consumer tribunals.
8. CPGRAMS (Centralized Public Grievance Redress & Monitoring System – pgportal.gov.in)
For escalation to central authorities, a grievance can be lodged on the CPGRAMS portal. The Ministry of Housing & Urban Affairs (MoHUA), Ministry of Corporate Affairs (MCA), and the Insolvency & Bankruptcy Board of India (IBBI) receive these grievances concurrently. CPGRAMS mandates a response within 30 days, and any non-compliance by state departments—including Police or RERA—is recorded as an institutional failure. This record becomes critical support for higher-level interventions, judicial review, and media transparency.
9. Department of Consumer Affairs – E-Daakhil (Consumer Commission Filing)
For adjudicatory relief under the Consumer Protection Act, 2019, an e-Daakhil complaint may be filed before the District, State, or National Consumer Commission depending on the claim amount.
This pathway allows homebuyers to seek:
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Compensation for harassment and mental agony
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Refunds with statutory interest
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Penalties for unfair trade practices
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Directions against illegal interest recovery
Orders under e-Daakhil are enforceable under Section 71 via District Collector attachment proceedings.
10. RBI / Banking Ombudsman (if loan coercion involved)
Where banks are involved in forcing disbursements based on Suraksha’s inflated or illegal demands, complaints may be lodged before the RBI Integrated Ombudsman Scheme.
This becomes critical evidence of:
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Coercive loan-linked interest recoveries
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False demand letters
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Forced NOCs
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Incorrect stage-completion certifications
These findings significantly strengthen both FIR and NCLT proceedings.
11. MCA (Ministry of Corporate Affairs) – Fraud Reporting (RFDIR)
MCA permits filing a fraud report under:
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Section 447 (Fraud)
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Section 448–449 (False statements, false evidence)
Such reports trigger financial forensics and can lead to:
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Director disqualification
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Monetary penalties
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Prosecution under the Companies Act
This particularly helps where:
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Builder manipulates books
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Backdated interest is shown
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Forged account statements are issued.
12. UP Lokayukta – Misconduct of Public Officials (Police Hesitation)
If police repeatedly refuse FIR registration despite cognizable offence evidence, a complaint to the UP Lokayukta may be filed alleging:
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Dereliction of duty
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Abuse of authority
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Failure to enforce Supreme Court’s Lalita Kumari ruling
Lokayukta action puts pressure on senior officers and creates a statutory inquiry record.
13. State Human Rights Commission (SHRC) – Harassment & Intimidation
Where threats, coercion, humiliation, or “mocking” behaviour occur (as you documented), complaints may be lodged with SHRC.
Applicable where:
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Psychological harassment
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Intimidation inside builder offices
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Mistreatment of homebuyers by staff
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Police inaction aggravates distress
Human Rights Commissions can summon officers and issue binding recommendations.
14. District Magistrate (DM) – Section 133 CrPC Public Nuisance / Hazardous Conditions
If large-scale unrest, unrestful gatherings, or safety concerns arise due to builder misconduct (as in Noida Sector 128–134), the DM may pass orders under CrPC Section 133 to restrain actions causing public harm or mass exploitation.
This is powerful when multiple homebuyers are affected.
15. Noida Authority – CEO Escalation for Builder Malpractices
A complaint to the Noida Authority triggers scrutiny under:
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Lease deed violations
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Construction delay
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Illegal dues
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Misuse of common areas
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Failure to complete facilities
The Authority has power to issue Show Cause Notices, impose penalties, or recommend cancellation of builder allotment.
16. RTI Filings – Evidence Strengthening
Use RTI under the RTI Act, 2005, to obtain:
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Police internal notes
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Reasons for refusing FIR
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Status of NCLT compliance by Suraksha
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Noida Authority inspection reports
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Any correspondence between SRL and government bodies
RTI disclosures become extremely strong evidence in court.
17. Press Council & PIB Complaint – Media Suppression / Misreporting
If any news outlet publishes misleading content in favour of the builder, a complaint to the Press Council of India or PIB fact-check cell ensures correction and protects public interest.
18. NHRC (If Vulnerable Groups Affected)
If senior citizens, women, or disabled buyers were specifically harassed or denied access, NHRC intervention becomes available under Articles 14, 21 and UN conventions.
19. PMO Grievance Cell (pgportal.gov.in under PMO category)
PMO grievances often produce direct escalations to:
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UP Chief Secretary
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DCP
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Housing Ministry
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MCA
These trackable escalations add institutional gravity.
20. Parliament Petition (via MP)
An MP can submit a petition to the Parliamentary Committee on Housing & Urban Affairs regarding:
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Mass exploitation
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Regulatory failure
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Judicial contempt by builders
Builders fear this mechanism because it creates national-level accountability.
Prepared by- @suveshvsaa13 / X
Email: "ind.vision47@gmail.com"