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Sidhhi   23 August 2023

Money recovery from rogue developer?

A builder has defied Consent Terms filed in Bombay High Court in a tenancy matter.

Developer has fraudulently reduced carpet area from 330 sqft to 270 sqft in the redeveloped flat registered in the name of tenant without any consent from the court/tenant.

Market value in the area of new flats is 34000/- psft thus loss to tenant is Rs 20 Lacs and developer is refusing to pay this amount and wants unconditional acceptance undertaking from the tenant before handing over possession.

Please help and suggest legal steps to be taken.

TIA.


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     24 August 2023

The tenant can issue a legal notice demanding his relief failing which the tenant can approach court with a suit for specific relief  under the provisions of Specific relief act and demand whatever is due to him with a prayer to court to direct the builder to provide the relief as per law.

Dr. J C Vashista (Advocate )     24 August 2023

Wait for the orders of Bombay High Court.

Consult your lawyer who is well aware about facts of the case and an able, competent and intelligent enough to satisfy your queries.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 August 2023

You can submit your complaint through R.E.R.A. Any homebuyer who seeks redressal for their grievances can have a right to file RERA complaint against builder. The home buyer can approach RERA to seek redressal if they face the below problems from builders.

  • Delay in delivery of possession of the property.
  • Mismatch in the plan of floor area and carpet area of the property.
  • Misrepresentation of property design and construction parameters.
  • Malpractices in amenities provided in the property like ceiling leakage, improper drainage system, incomplete fire safety system, low quality of electrical wiring, inappropriate water provisions, etc.
  • Not providing an occupancy certificate or any other deficiency in service.

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