Cheating by co-operative society and developer

sreekumar (Querist) 11 November 2021 This query is : Resolved
The multi-purpose co-operative society offered to its members sites in the proposed layout in 2013, (the rate fixed as per their offer brochure is Rs.699/- per sqft - total Rs.10,48,500/- for 1500 sqft) and collected first instalment (out of 4 equal instalment) and second instalment in 2014. 5 yrs both society and developer didn't develop the layout and allotted sites. In 2019 again they collected third instalment and hiked the rate to Rs.741/- (total Value Rs.11,11,500). Also society and developer jointly signed and issued allotment letters to members.
In 2021 they hiked the rate to Rs.950/- per sqft (total value Rs.14,25,000/-) and asking members to pay balance amount within 15 days. They say if members does not wish to pay this rate they can take back their amount paid as refund without any interest.
please advice what legal action members can take.

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Members of a co-operative society are facing issues with a developer who has significantly increased plot rates and delayed development since 2013. Despite collecting instalments, the society and developer have not provided sites and are now demanding higher payments, offering only a refund without interest if members refuse. Legal advice suggests taking action against the developer for the delay, potentially through a legal notice and the consumer forum.

kavksatyanarayana (Expert) 11 November 2021
What are the terms and conditions of the multi-purpose coop. housing society? Did all the members sign the agreement? When they did not develop, why did you silent till time? As the rates are now increased, you have to pay at their demand if you have no proof for it.

SHIRISH PAWAR, 7738990900 (Expert) 12 November 2021
Hello,

As per my opinion, you have to take legal action against the developer. In your case developer has delayed the possession of the property. Send him legal notice and later approach the consumer forum against the builder.

P. Venu (Expert) 12 November 2021
Members themselves can ascertain the bonafides of the actions of the Society.

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