Power of attorney

SAA_Bombay (Querist) 26 December 2011 This query is : Resolved
Ours is CHS in Mumbai. Our society decided to go for redevelopment in 2006. For which our society handed over the Power of Attorney to developer for him to use for govt paper works. This power of attorney is registered. Now, till date developer is not willing to leave our society. He uses his power to threaten the members. Secondly, few members who signed the power of attorney have moved away to other places giving their home on rent. They are with developers & not helping us to close this POA. I want to know what is the way to close this POA even without help of old members who have actually signed this POA. For your info, we have asked developer to surrender the POA which he refused. All legal experts there please suggest some way out. Can you people suggest a trustworthy lawyer who can help us (near Ghatkopar) & who will be economically be best for society (As it’s a middle class people society need someone who uses his knowledge to help community).

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ajay sethi (Expert) 26 December 2011
is the redevelopment completed? did you sign any redevelopment agreement ? what are the clauses in said agreement ?

prabhakar singh (Expert) 26 December 2011
First tell the questions asked by Mr.Sethi.

SAA_Bombay (Querist) 26 December 2011
Yes Sir, Redevelopment is completed around 2009 but OC, Completion certificate is not provided. And as per behavior of developer it seems he will never provide it.We have signed the redevelopment agreement but it does not contain any clause for closure of POA. Many points from redevelopment agreement he denies to fullfill. New salable members have taken possession without OC. in one of our GM we asked him to surrender the POA which he refused flatly. Mainly he wants to capture the stilt parking of new building & make shop for himself, for which we rehab bldg members denied & is mentioned well in redevelopment agreement. but he is using force for same & have covered the stilt parking of new wing & is not completing the work. He has even open his office in one of the flat in new build wing. he is least bothered about legal action. Once he said in meeting that "Govt ko main apni jeb main rakhta hoo." As all members are afraid they do not come in front. Only me & one of member fight for same.

prabhakar singh (Expert) 26 December 2011
propitiatory demands that Mr.Sethi replies first as it was hs query!!!

ajay sethi (Expert) 26 December 2011
you cna move the consumer forum against said builder for deficiency in service if he as failed to fufill promises made in redevlopment agreement .

builder has no right for stilt car parking slots . they belong to society no the builder .

ajay sethi (Expert) 26 December 2011
mr prbahkar singh what differnce it makes who replies first . our objective is to merely help the querist .

Shonee Kapoor (Expert) 26 December 2011
Because you are mist versed with such matters Mr. Sethi.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

SAA_Bombay (Querist) 27 December 2011
Ajay Sir, Singh Sir... Thank you for your valuable advice. Based on your earlier replies in same forum, i have been able to bring few things to justice. Even this advice will work a lot for us. Thanks you very much.