Recourse in default by redevelopment project by builder
anurag
(Querist) 03 November 2013
This query is : Resolved
I have flat at complex in mumbai "(jogeshwari west) project which is under redevelopment by the builder. The builder however has not given me any registered agreement for rent, flat which will be given on redevelopment etc. Though builder has signed and registered the agreement with the society but not doing the task as per the agreement, pls provide and guide me the platforms where all i can take against the builder and pressurise him to take the work as per agreement.
anurag
Raj Kumar Makkad
(Expert) 04 November 2013
Civil suit is the only remedy if the terms and conditions of the agreement are being violated by builder.
ajay sethi
(Expert) 04 November 2013
when was the agreement signed? has building been demolished after signing of agreement ? has the building plans been sanctioned by BMC within period specified in agreement .
contact a local lawyer . society can encash the bank guarantee if builder has failed to comply with tyerms of agreement . terminate contract with builder
Rajendra K Goyal
(Expert) 04 November 2013
Agree with the experts, nothing more to add.
DILIP SHAH
(Expert) 04 November 2013
The Terms & Conditions of Development Agreement executed with the Society have to be studied critically and then only the decision can be taken.
Dilip Shah
Senior Counselor and Analyst for Redevelopment of Housing Societies and Society Laws
9819825752, 32411533
www.redevelopmentofhousingsocieties.com &
www.redevelopmentofhousingsociety.com
Thyagarajan
(Expert) 04 November 2013
Civil suit may take more time.
Visit near by District Disputes Redressal Forum and pick up a lawyer and present your documents and case.
Forums consider you as consumer and builder as service provider in CP Act 1968 and if your lawyer finds fit can file a petition for deficiency of service on part of builder.
V R SHROFF
(Expert) 04 November 2013
FULLY AGREE WITH Shri. DILIP SHAH
Kishor Mehta
(Expert) 04 November 2013
Sir/s,
With due respect to the Experts, I venture to advise Shri Anurag to peruse the circular of the Maharashtra State Govt.viz:
"Directive under Section 79(A) of Maharashtra Co-Operative Societies Act 1960 to all the Co-Operative Housing Societies in the State of Maharashtra:
Circular no. CHS 2007/CR554/14-C dated 3rd January 2009"
I believe this may be very helpful in taking up the matter with the Society and the builder.
Of course an advice from a local Lawyer will go a long way to help solve the problem.
Good Luck
Kishor Mehta
