rao (Project Manager) 22 January 2012

Apartment development agreement cum gpa

Dear Experts,

I have enterered a Development Agreement cum GPA with a Builder in the year of June,2008 in which he suppose to build an apartment. Due to various reasons he could not completed and managed to complete the basic structure (Coulumns and slabs) with out brick work.

As per the agreement, he suppose to complete with in 12 Months (i.e june,2009), if not he should pay Rs.XX per sft per month as rent. That also he didnt bother to pay.

1. Is there any posibility to revoke this Development agreement cum GPA, if so what are the formalities?

2. Should i first try to claim the total rent to be paid as of today before issue him cancellation notice?

Regards

Rao

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2 Replies

Dr J C Vashista (Advocate) 23 January 2012

You are at liberty to claim rent and revoke your agreement since the builder has failed to perform his contractual obligation. Besides this you may seek specific performance against the builder excluding mesne profits and damages

anirban Khastagir (Advocate) 26 January 2012

First of all you have all rtight to send a notice for cancellation and u may revoke ur power any time and inform thereafter through paper publication. at the same time u go for consumer forum (quick remeady) for defficiancy of servises and claiming dues and also sue for specific performance though it takes time. depending on all terms of ur agreement advice may be changed.