Redevelopment of building
ganesh
(Querist) 02 November 2012
This query is : Resolved
we are a co-op society which entered into an agreement with a builder and also gave him a irrevocable power of attorney around 4 years back .
Our initial meetings with builder gave us an impression that things were progessing ,but then it all stopped and nothing was moving .
We then around last year gave him a notice of termination of contract and the POA .And then we sent 2 notices and asked him to return the documents .This we sent through a lawyer .
But he is silent and not responding .because of this contract signed and registered no other builder is ready to take up the project and we are stuck .
we want to know what legal options we have to get the contract cancelled and POA cancelled with some judicial order to that effect so that some other builder is ready to take up this project and our previous builder rights to development of this property etc is extinguished .
Also we would like to know the time frame and costs that this litigation would entail.
ajay sethi
(Expert) 03 November 2012
aftr termination of agreement has the builder gone to court ? has he obtained stay order ?
if not move consumer forum against builder for deficency in service ask for return of original documents . or move court . contact a local lawyer
ganesh
(Querist) 05 November 2012
builder is not responding to notice nor is he interested in moving the court .He knows no other builder will come as POA is still with him though we have unilaterally cancelled it .We have sent notice to return documents but why should he .Commercially the property prices are rising and he has the development rights and he has nothing to lose .we want to get some other builder and get going .for us to move court will be every expensive court fees 3 lacs lawyers apperances etc .
we can only move for specific performance of contract which will take years ..what is a declaration suit .can we file something of that sort
