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Aparna (service)     17 December 2009

Redevelopment- builder stop the work in halfway

 

The building has gone for redevelopment in 2007 but till date the 40 tenant has not yet got the possession of their house. The actual month of possession is Jun-2009 after considering the 3 months grace period to the developer.
    The building is approximately 85-90% construction work completed. Pending work might be around 10-15%. Connection of water, electricity, sanitation work is not yet done or nor even got OC for the same from BMC. The interior is also incomplete.
There is dispute between the developers' partners.
The dispute between developers' -One partner  (also architect) is not ready to put in funds required and even stopping the OC for the work.
Whom should we approach so that the builder will do the pending work?
Is there any govt body who take care of complaint like for eg registrater of co-operative society- can i get their add and contact person detail to send the complaint.


Learning

 10 Replies

Devajyoti Barman (Advocate)     17 December 2009

If the aggrieved persons have agreement for sale with the Developer then most efficacious remedy would be to file complaint before the Consumer Forum. If not then move the civil court.

Anil Agrawal (Retired)     17 December 2009

 See the terms of agreement and decide. If there is lacuna, you can't do a thing. Did your society take bank guarantee or was the managing committee bribed as is usually the case in redevelopment matters?

File a case and add another 10 years. Then the builder goes in appeal. Add another 10 years. By the time the hi'erarchy of judicial process is exhausted by both the parties, nothing will remain.

In Delhi/Noida, people have been cheated in hundreds by top notch real estate developers who took money and don't have even land!

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     17 December 2009

The opinion of Anil is accurate


(Guest)

Aparna ji,

First bring notice to the Builders Association. Later lodge a complaint in the police station for cheating (violation of agreement between buyer and builder). If you file a civil suit in the court builder may take advantage.

Meenakshi (Lawyer)     18 December 2009

 I agree with sathya Prakash Ji

Anil Agrawal (Retired)     18 December 2009

 But what is the agreement?

Aparna (service)     18 December 2009

Thankyou for all the contribution...

mr.agarwal, The normal agreement which state howmuch area you will get? wat all amenities? and other clauses. in that also the clause of penalty is there. The developer has stopped the rent also. So now we are left with no option other than goin to consumer court. But before tat thinking of writing to developer in legal laungauge? tat when is he giving us the possession and all? Police case, court case are the last option. would also like to bring it front of media. lets see.

Before doing all this would like to do homework so tat can be prepared to face any consequences. so more suggesttions and advices would like to get.

thanku

Would like to get more inputs

 

Meenakshi (Lawyer)     19 December 2009

 Approach the High Court for direction to the partner to obtain occupation certification....The court will settle the matter between the partner.........

Anil Agrawal (Retired)     19 December 2009

 Form an Association of all the affected persons. Consult a lawyer and file cases both in Consumer Court as well as in the HC. File a complaint with police and Builders Association. Contact your local area representative though not much is expected from him as he may himself want a cut. What is your Society doing? Obviously nothing. May have been sold out.

Aparna (service)     21 December 2009

My society is afraid of taking any steps like filing criminal complaint, court , n so on...

i would like to know if there are any co-operative society body, regulator who looks into case relating to the CHS. Rite now me collecting all possible ways to tackle the problem.

thanks


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