Builder fail to fulfill the agreement wjth site owner
srinivasaraokorrapati
(Querist) 15 December 2014
This query is : Resolved
We was given a sight to builder for devolpment in narasaraopet andhra pradesh. As per the agreement time is over still he was construct only one floor out of five. When we approach him he was not given any satisfied answer. Now i requested you which method is better to solve the issue out of court because if we proceeding to court the time taken second is there any agencies to solve the issue whith in short period, finally which is the better way to solve the issue in short period
Devajyoti Barman
(Expert) 15 December 2014
You can file case in consumer forum where the remedy is very fast
Advocate M.Bhadra
(Expert) 15 December 2014
Try to amicable settlement with the builder, failing which you can file a suit under Specific Relief Act in Civil Court, which is lengthy process of laws.This is an agreement for development which may be treated as joint venture,so you can not treat as a consumer and as such you can not seek remedy in consumer Forum.
ajay sethi
(Expert) 15 December 2014
file suit for specific performance . judicial process takes time . there are no short cuts
Rajendra K Goyal
(Expert) 16 December 2014
Amicable settlement is only the fast process. Judicial process takes time. You can file suit for specific performance.
malipeddi jaggarao
(Expert) 19 December 2014
When you have entrusted your property in the hands of the builder it must be based on some faith. He might not be a total novice and this deal could have materialized through some known people. There is an agreement between you and the builder. What does the agreement say about time for completion of the project? There may be some penal clauses if it is not completed in time. Whether the time is already expired or going to expire? You say that the builder is not giving satisfactory answer. What does he say? Delays are quite normal in these projects. One should bear the reasonable delay, then remind him about the penalties (if mentioned in the agreement). You can not simply rush to the court, because of the delay as the legal process involves much more delays and you will be at loss. You have to find out the intention of the builder, reasons for delay, and concentrate on implementation of penal provisions if there is abnormal delay. It is a joint venture. It will be completed with the cooperation of both the parties. Otherwise, both the parties will be at loss. Have a dialogue with the builder and find out amicable solution. Extreme step is filing a suit for specific performance and I do not suggest these steps unless all other doors are closed.
T. Kalaiselvan, Advocate
(Expert) 23 December 2014
You have been advised to choose either of two things, i.e., a compromised situation for amicable solution or to approach civil court for remedies; take the advise of local lawyer too.
