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Member (Account Deleted)   30 June 2018 at 12:04

Consumer court question raised for privity of contract

Builder 1 had redeveloped our building and agreed to provide me building on the same plot.
After we vacated our flat, He entered into development agreement with other Builder (hereinafter Builder 2) and he gave development rights to the said builder. he mentioned in the agreement that all the liability of old occupants will be of builder 1 and not new builder 2. he also mentioned a false statement that builder 1 has provided Alternate accommodation to old occupants (not True). Now at National Commission the new builder 2 states that there is no Privity of Contract between him and old occupants..
Can anyone help me on this topic.

I am Jay Shah (CA & CS) plus LLB 2nd year student

This was just a short summary of case for those who are removing their valuable time for social help out of their busy schedule.
Brief facts are as under

Builder 1 entered into agreement with my LATE grandmother, wherein he agreed to redevelop the property on the SAME PLOT and provide flat on 1st floor with block no 5
after we vacated our premises he also contracted similar agreement with occupants of adjacent plot/building.
He merged the two plots
He constructed a building on the rare side of the plot (back side) with no amenities as specified in the agreement.. no parking space.. no otis lift.. no play ground... and he shifted the old occupants with false promises, misrepresentation and threats to that building.. (he used very little space of the plot to construct this building for the purpose of leaving rest of the space for commercial purpose)
He also entered into development agreement with builder 2 wherein he transferred Development rights to the said builder to construct Hospital on the same plot.. then builder 2 constructed a hospital.
No consent were taken when the two plots were merged
no Consent were taken for change in development plan
we were not provided with flat on the same plot
we have not entered into any agreement nor accepted the said new flat on rare side of the building..

MY grandmother is expired
leaving behind a Notrised WIll on my favor

Q1. Builder submitted affidavit at Consumer Court mentioning therein that I have no right over the property
as agreement was with my grandmother and I have not submitted Probate for it??
Is Probate required
and is he justified in saying that I have no rights over the property

Q2. Builder 2 says there is no Privity of Contract between him and old occupants.


Thank you so much for your valuable time.. If possible support me with relevant case law and provisions..



Mr Sreejit   30 June 2018 at 02:38

Can supplementary application under o 7 r 11 be filed?

Dear Seniors and Experts,

In a suit for title and possession, the Defendants filed an Application under Order 7 Rule 11 (a) and (d).

Earlier Hearing O 39 Rule 1 and 2 along with Order 6 Rule 17 were conducted.

On filing O 7 R 11, the next date is posted for hearing this in July.

Pending hearing of the application, can the defendants file supplementary and/or Additional petition incorporation some other points attracting O 7 R 11 with a prayer to hear it out along with the previous application who's hearing is not yet started?

If any clarification or further details required or otherwise, please let me know.

Regards,

Sreejit.

Bousalya   29 June 2018 at 22:18

Father's property

Dear Experts,
A father has six sons and two daughters. Among them, he disliked three sons, who all worked overseas and made him rich. Now he says he will give his property lion shares to other three sons. His self earned property. Is it permitted under the law? Can he write a Will ?
Thanks Experts

Ganesh   29 June 2018 at 17:48

Regarding cheque bounce

A person recieved some amount from me but while returning he gave me a pdc cheque and then stopped the payment when i went to withdraw ..am from Karnataka and the person is from bihar what to do ??? I even sent him a legal notice for cheque bounce

Anonymous   29 June 2018 at 16:03

Demand draft cancellation

I had 2 DD's made on 24th of Jan 2017 from my ICICI bank account in favor of a Pvt Ltd company. The beneficiary co. has been charged by ED and STF and their office is sealed. The DD's have been misplaced by me for which I lodged an online FIR. I contact the bank for the cancellation as the amount is with banks suspense account. The asked me for the Indemnity bond, FIR copy and NOC from the beneficiary. I have the Indemnity bond and the FIR copy but cannot obtain the NOC as the co. is sealed and the directors are in Jail with case running against them.

Pl guide me how to get the DD's cancelled.

Anonymous   29 June 2018 at 15:08

Industrial law relating the pay for equal work

I am currently working in an public organisation for 2.8 years or more. In response to the minimum wages act or something similar(that's what we have been told), they have applied changes to the salaries of all fresh employees which hasn't been done in my almost 3 years of working. They have an increased basic and also a hike that makes it double my payment. We did receive an hike of a measly amount that doesn't amount to. I feel mistreated. Is this allowed and anything I can do?

M N Sridhata   29 June 2018 at 14:57

Consumer protection bill

The Consumer Protection Bill 2018 was tabled in Lok Sabha as Bill No 1 of 2018.
Has it become a act already ?

Any idea, what are the next steps it has to go through to become a act.

Any idea, how much time it may take ?

Kumar......   29 June 2018 at 14:28

Property share

can spouse lose her/his share in a co owned house when not supporting or contributing financially towards the house ?

Ankit   29 June 2018 at 13:48

Someone sold my land

Hi,

I am having a land registered on my name. I bought this land 25 years back.
I came to know that some person sold my land to some other person (2nd person did registery of my land to his wife from registrar office, 2 months back). I came to know about this from some person and verified it from the registrar office.

I am not sure how it was done, but I know one thing that couple wants to do the fraud.

Please advice what to do now, shall I lodge a FIR in police against the couple ?
Or shall I file a suit against buyer, seller and registrar and it will be criminal suit or civil suit?

Anonymous   29 June 2018 at 12:18

Bail after conviction

My cousin was convicted for 7 years by the sessions court During trial he was in custody without bail. Now can he apply for bail?

If yes Where does he apply? In district court or HC?