Seeking an expert for real estate dispute
Querist :
Anonymous
(Querist) 01 November 2010
This query is : Resolved
Hi Hon'ble Expert’s Panel,
We, a group of allotees, booked flats in a residential project in 2007; the property is situated in Ghaziabad, and registered office of this real estate company is in Delhi. Most of us took loan from banks and have done all required payment as per their respective payment plan. The possession date given in the builder-buyer agreement was of April, 2009 but so far only 50% work could be completed, even for a long back the construction work has been halted because of liquidity crunch with builder.
Two months back the Ghaziabad development Authority (GDA) sealed some blocks of this project on ground of construction beyond approved map. The sealing still prevails. Moreover; recently one of the 3 directors of this company is in under arrest and two other directors are absconding from their Residence & Office, this legal action took place because of dispute with his an another project situated in Noida.
It seems that the builder has sufficient assets but not liquidating them, we are apprehensive that the builder might siphon off his existing assets/fund to somewhere else. In this scenario to safeguard our investments we wish to go for litigation.
We are seeking an expert lawyer having good experience in property/real estate matters. Could you pls advise an appropriate expert for the same.
Thanks in advance for your valuable guidance.
With warm regards
Devajyoti Barman
(Expert) 01 November 2010
The agreement executed by the purchasers with the builder needs to be seen for proper taken against the builder and given the conduct of the builder certain recourse lies against him. The question is what would be right line of cation.
H. S. Thukral
(Expert) 01 November 2010
Beside others, the jurisdiction of consumer forum is also there. But as Mr. Barman said the agreement is to be gone in detail to see the terms of contract. If you are located in Delhi, you can meet me for further advice without any obligation.
