We had an agreement with a builder. We gave our land to him to construct a building.As per the agreement 34 flats were to be built. 17 belonged to the builder and 17 belonged to us.The entire construction was be to be done by the builder. All the necessary permissions were taken.
We intended to sell the flats after the construction was complete.After one year we came to know that the builder had sold 4 of our flats.After a lot of proceedings and formalities we got stay from the court on the construction of the building.
The builder was given a period of 90 days by the court to give his say.He did not reply within those 90 days.
After the period of 90 days lapsed he submitted a document in the court stating that he will return 16 flats and amount of one flat.
After again five months he gave another document in the court stating that he will return all the 17 flats but also demaned compensation towards his expenses for the court.His say period has expired on 30Nov2010.
We have claimed in the court to return our land .The builder was absent for most of the court proceedings.Our lawyer has not stressed for the judgement.He blindly accepts new dates.For more than five months neither the builder nor his lawyer attended the court.I have few questions.
How much are the two documents valid after the lapse of the 90 days say period. Can a person give his say even after the lapse period.?If yes under which circumstances and Acts/Laws ?
How do we settle this?
Under what condition should we accept those 4 flats which are already registered ?
Is it the builders responsibility to cancel the registration of the flats ?
Should we accept substitute flats ?
Isn’t it the court’s responsibility to give judgement in our favour since the say period has lapsed and also the counter party has remained absent for most of the time in the court ?
