Builder cheating the joint venture partner
Dr George
(Querist) 02 February 2015
This query is : Resolved
I entered in to an agreement with a builder and also signed an irrevocable power of attorney in 2003 to get all statutary permission to build and sell the portion of property not ermarked for me in the agreement. The building was partly handed over(90%)in 2006-7, but the commercial area that was suppose to be given to me as part of agreement for handing over my prime commercial land, has not been handed over to me even today. The builder has also not completed is work onthe building, sold n resold the same car parking, sold illegal built space as car parking.
I have incured heavy losses on various accounts due to deliberate cheating of the builder. Though there is a crime branch case against him for impersonation and cheating, what is the remedy to claim my losses in terms of rental loss and built up area worth several crs.
Please adivise. Thanks
Advocate Kappil Cchandna
(Expert) 02 February 2015
Dear,
File a petition seeking losses suffered as mesne profits .....
Kapil Chandna Adv 9899011450
P. Venu
(Expert) 03 February 2015
The remedy depends upon the terms of the agreement. You may file a suit for specific performance, if so advised.
Rajendra K Goyal
(Expert) 03 February 2015
Full agreement and other documents need to be referred, consult local lawyer.
ajay sethi
(Expert) 03 February 2015
consult a local lawyer and file suit for damages
Dr George
(Querist) 03 February 2015
Thanks to all of you for the replies, its encouraging. The local laywer says since agreement is more than 3 yrs old, it wont stand in the court,
do I go to consumer court or regular court.
The builder has good political and dubious connections hence tries to sabotage crime branch investigation with help of few lawyers, one of the leading lawyer who has been helping the builder in several cases against him, has become APP expecting the crime branch case when filed ( in 1-2 months) will go to him. I am applying to the HM to engage special prosecutor for me.
I know that builder finds it easy to pay few lakhs to the lawyer than settle the claims of clients or joint venture partners. Few lawyers are even scared to take up cases against this builder.
I have taken little extra length to explain the real situation intendinging no offence to anyone.
Thanks again for patient reading, pls advice.
T. Kalaiselvan, Advocate
(Expert) 03 February 2015
Your terms and conditions of the agreement will have to be seen to ascertain whether a specific performance suit will be maintainable or if barred by limitation. However, you can even file a money recovery suit for the losses sustained due to the builder's fault for not completing the construction on time and can also file an application in the same suit seeking injunction restraining him from progressing the construction at this belated stage.
Dr George
(Querist) 04 February 2015
Thank you so much Adv Kalaiselvam, I have 2 question, is an agreement older than 3yrs valid in the court, which court I should approach for money recovery. My local lawyer said its not valid hence hold the crime branch case strongly. Crime branch may punish him but that does not help to recover my losses or will it?
Dr J C Vashista
(Expert) 05 February 2015
Show the document to a local lawyer for all related questions/queries, no advise can be rendered without going through the covenants of agreement. The document itself speaks about its validity or otherwise.
Recovery of money or property is a civil dispute whereas crime branch deals with criminal disputes, engage and consult a local lawyer.
