Real estate project developer ( plotel project ) not available for the investors , legal remedies
murali
(Querist) 15 September 2014
This query is : Resolved
from
murali
bangalore
real estate project developer ( plotel project ) not available for the investors , legal remedies required
brief about the issue
a) 3 years back ( 2011 December) one plotel project was lauched in bangalore with all latest amainatiees & huge advertaisements its about nearly about 70 acer project ( phase 1 & 2)
b) nearly 600 to 700 plots derived & all the plots have booked/ sold , few with advance booking amount with receipts , few with agreements & few plots sold also with following registration process also ( BMRDA 60% released plots ) & 75 nos of villas bookings with huge booking amount collected ( there are 4 kinds of investors receipts holders , agreement holders, registred plot holders & villas booking holders ) & plot registered holders
c) actually from the side of developers 2 different companies involved one company is land bank holder & one more is marketing company , from lost 18 months this marketing company is sidelined by the land bank holder & they are no more available in bangalore & land bank holding company is from delhi , they are not available in bangalore & till today no one from the company reached the investors & they are not responding to letter communications also
d) now we all investors nearly 250 members gathered & formed a registered investors association to fight against the developers
before enacting against the developer we need a proper guidance from the legal experts
so that instantly developer should deliver the project to the investors without any delay in time
we all members have decided to act against developers in various angles, pls corrct us
if any will not be effective procedure it will be very much help full
a) we decided to first file a police complaint from the association also individually from all the investors & the paper publication againest the developer followed by RTI application to the
police station for action taken by the police department
b) we are confused for the next step whether we need to file a cheating case PCR in the criminal court are we need to file a civil suiet againest the developer
c) can from the association we can file writ petition ,
1) seeking the control of the project property to the association or without association NOC
developer should not do any activity like fresh marketing activity for new customers
2) can all the investors claim compensation for delay in project completion
3) can we freeze all bank transaction & other activity of the developer till the commitment
from the developer
d) or any other effective proceedure to be followed in this kind of situation , we need to know
e) can we approch Competition Commission of India// consumer forums for effective approch
please we need experts advice the same
thank you
murali
(Querist) 15 September 2014
my mail id is
dominate27@gmail.com
T. Kalaiselvan, Advocate
(Expert) 24 September 2014
All the actions plans proposed by you can be initiated provided they are executed properly and for this you have to take guidance from a local prudent lawyer who will be able to handle the consequential issues at a later stage when there arises a need. So better consult a local lawyer, apprise him the situation, take his advise about proposed legal actions and proceed.
murali
(Querist) 28 January 2015
thank u sir
but local advocates always sugests to file civil suite by paying stamp duty , no one sugest other alternative action againest the developer
