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Developer not handing over flats even after 12 years

Querist : Anonymous (Querist) 19 October 2021 This query is : Resolved 
IV- One single development agreement for all 1to4 was signed and registered on 5/01/2009 without any sanctioned BMC plan ,flat nos, IOD from BMC ,not registered with MHADA/RERA till date saying that 4 flats of 1000 sqr feet carpet area will be allotted to 1to4 heirs in the manner provided in Annexure B as follows
a Smt Rekha A Desai & others 1000 sqr feet
b Mr Sunil Desai 1000 sqr feet
c Mr Amit Desai cheque/Cash Taken
d Mr Aashit Desai 1000 sqr feet
e Mrs Nisha Nawathe nil
f Mr Sunil Desai 250 sqr feet
g Smt Vinodini Desai & others 250 sqr feet
hMrs Nisha Nawathe 250 sqr feet
I Smt Rekha Desai & others 250 sqr feet
V- no 1,3,4 promised to no 2 that after individual agreement are signed with the builder they will provide her a copy of the said agreement .
VI- Even though the construction started in 2009/10 it is not yet completed in all respect till date and builder has not prepared the individual documents /agreement of redevelopement inspite of several mails and personal visits to him.
VII- during 2009 till date no 1,3,4 did not send legal notice to builder nor engaged any Advocate to handle this legal matter
IX-A suplementry agreement was prepared in 2012 stating that previous agreement dated 5/01/2009 is deemed to have been cancelled in lue of this suplementry agreement of 2012which was only signed by developer and not by Desais a land owners.
1 can I withdraw my consent for redevelopement to builder as I do not want to sign suplementry agreement of 2012 which is not beneficial to me.And why it was not signed and register in 2012 itself
2 can I demand equal distribution of benefits as per will with other stakeholders in this suplementry agreement of 2012 which is still unsigned
What is my remedy after 12 years
kavksatyanarayana (Expert) 19 October 2021
Why all these years kept silent? Did you not consult the local lawyer? Now all owners shall put a complaint to MHADA and RERA by registered post.
Pradipta Nath (Expert) 19 October 2021
You need to give clarification on doctrine of acquiescence!
Dr J C Vashista (Expert) 20 October 2021
Move to jurisdictional consumer disputes redressal commission and / or RERA through a local prudent lawyer.
SHIRISH PAWAR, 7738990900 (Expert) 20 October 2021
Hello,

You have to approach consumer forum and file complaint against the builder.
Advocate Bhartesh goyal (Expert) 20 October 2021
Agree with the views expressed by above experts.


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