Builder is not provided rent
Querist :
Anonymous
(Querist) 18 February 2021
This query is : Resolved
I am a non member in a co-operative housing society. In May 2012 our society registered a Development Agreement with the builder. Then everyone handover te lock and key to the builder. And they all are getting the rent. In January 2013 I also signed in the development Agreement. But after one year builder stop paying me rent. But all other society members get more than 2 years of rent. Several time I approached to the builder for my rent. But he always tells me that I will pay you later when I got the IOD. But in May 2015 all the members shifted in the old flat. So I also shifted in my flat.
For my rent I am sent may letter to builders, society, deputy registrar and chief officer of mhada but nobody will reply to me.
Now society is terminating the Development Agreement and appointing a new builder.
So I want to know what is the legal remedy for pending rent? Where I can file my case? Whether a time limitations to file a case? And what is the possibility of winning the case?
I need the legal guidance.
SHIRISH PAWAR, 7738990900
(Expert) 19 February 2021
Hello,
You also signed a development agreement with the builder, therefore, you are also entitled to all the benefits under the development agreement. However, it seems your claim the out of limitation. Contact expert advocate he may find out some solution for this.
krishna mohan
(Expert) 19 February 2021
It appears you are not a society member but signed the development agreement. You can take a chance to file a case. But, since the development agreement is cancelled by the society, you can consult a practicing lawyer specialized on property matter and society matter in your area can advise after perusal of documents and limitation period aspects.
Dr J C Vashista
(Expert) 20 February 2021
How did you execute agreement with builder for single flat in a cooperative society, which is the duty/ right of Managing Committee ?