SantoshKabir 17 March 2018

Purchaser role after Termination of Redevelopment Agreement

Sir, I am a purchaser of a Salable flat in Redevelopment project at Mumbai. Redevelopment agreement is from 2010. The project started in 2013. I booked a flat in the salable portion and I have a Registered Sales agreement with builder in September 2013. The project was supposed to finish by Dec 2014. Project work delayed and there was dispute between Society and Builder and the Society Terminated the Redevelopment Agreement with the Developer at the end of 2015. Builder had submitted some forged document in the project. We were unaware of all these disputes and Court cases, But till that time we had paid almost 90 lacks to Builder (through bank loan and our money). The new building is 80% ready. Now the Society and hon HC. Mumbai says, Builder and we (purchasers) have NO claims or rights on the Project or our legally purchased flat. I lost my Money and Flat. But I have to pay my Rs.50,000 emi to Bank. Even the Builder (developer) is not responding with clear reply. What can I do ? Pls suggest. And I heard there are lots of cases like mine. What those purchasers should do? Thanks.. Eagarly awaiting for your reply. Santosh Kabir.

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R.Ramachandran (Advocate) 17 March 2018

When you say "Now the Society and hon HC. Mumbai says, Builder and we (purchasers) have NO claims or rights on the Project or our legally purchased flat." it means that you have approached court and got some decision, may be against you.

When a Court has given a decision, if you do not agree with it, naturally you have to file appropriate Appeal against the said decision, within time.

Therefore instead of wasting time, better getin touch with the lawyer and take urgent steps for filing appeal.

SantoshKabir 17 March 2018

Sir, Thanks for reply. There was a dispute between Society and Developer. Society filed a case against Developer for non-payment of rental of optional accommodation. We were not involved in the case ,(we were not party in the Case) . But hon. HC gave verdict that since the Development agreement was terminated and Developer was involved in the forgery , he was removed from the project, and Society was not bound to continue with any Agreement created by the Developer. The 80% ready building is totally under control of Society and they can bring new developer and start work. I have not understood the verdict. I mean why we were not considered while giving verdict. We are totally on mercy of the Developer , but he himself has put crores if rupees and 3 years in the project. Its a grave and confusing situation for my family.