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NCHANDRU1954 (Sr. Officer)     17 June 2015

Incomplete building under joint development agreement

We all family members decided to demolish old building and construct a new and since we did not have sufficient funds to carry the activity, we have decided to go for joint development with a builder referred by my welwisher and friend who had done a lot of persoal helps to me in the past.  When we had expressed our interest to the builder for JDA (Joint Development), the builder had come forward for that and for this we had told the ratio as 70:30 (Owners 70% and the builder 30%) of  the constructed areas. The draft agreement was drafted by his Advocate.

I also attach copy of POA (Power of Attorney) enterd in 2011.  As per JDA and POA, the builder should have given pocession of our portion in the year 2014 itself and we had performe Graha Pravesh in March 2014 and for this he had arranged for temporary arrangment of power and drainage.  Till date Power connection and Drainage connectiom were not provided without which we cannot occupy the house allotted to us.  After 4 years of Agreement the builder had insisted us to return the advance of Rs.10 L paid by him at the time of signing POA and registered without which he will not complete and hand over the possession.  Moreover he insisted us to pay him Rs.1 L for arranging power connection and Rs.1.08 L for water & drainage connection. After we made payment also he had not taken any steps to complete the building and preventing us to occupy the house even though we had obtained the keys.  He insist us to make payment of another Rs.1.08 L as demanded by the Twad (Tamil Nadu Water Supply and Drainage Board) towards City Development Charges but he is not providing us the written demand.  We heard that this has to be paid by him only. We request you to guide us our further couse of action.  As a retired employee and also financialy weak getting only PF Pension and the money being sent by my son who is serving in Singapore.  We had moved to a rental house and house rent was initially reimbursed by the builder for about one year only even though it is not mentioned in any of our agreement. He further insisted us to sigh a revised agreement again drafted by his advocate and he had removed the clause of violation of ratio of 70:30 as per original agreement and informed us without signing of revised agreement he can not resume the work, complete and hand over.  Since we are not able to pay house rent further and also to occupy the house we signed the revised agreement with the aim of shifted from rental premises to our own premises.  Please go through the same and advice us what the best we can do to enable us getting our house back and also to get the compensation for extra occupation as stipulated in the original agreement.

I will be thankful to you by providing your valuable suggestion to overcome from this and save 2 senior citizens and one physically challenged daughter yet to marry.

Regards

N Chandrasekaran

 



 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 June 2015

You can send a legal notice to the builder through a practicing civil lawyer immediately.

sudhakar.RVS (Advocate)     18 June 2015

Sir,

Namaskarams.. Please contact me on 9490165722 for further  advice.

 

Sudhakar.RVS

Advocate


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