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Builder backing out from redevelopment what to do
09-Apr-2023 (In Property Law)
BUILDER IS BACKING OUT FROM THE RE-DEVELOPMENT AFTER ONE YEAR. HASN'T RETURNED THE EXTRA MONIES TAKEN BY THE BUILDER FROM THE EXISTING AND THE NEW MEMBERS
There are two possible remedies for your issue.
1. Suit can be filed against the builder for specific performance. (I assume there must be a written development agreement between both the parties. Kindly provide more factual information and documents)
2. A criminal complaint can also be filed against the builder as it amounts to criminal breach of trust and fraud.
Kindly forward all related documents and facts to get more detailed advice.
1. Suit can be filed against the builder for specific performance. (I assume there must be a written development agreement between both the parties. Kindly provide more factual information and documents)
2. A criminal complaint can also be filed against the builder as it amounts to criminal breach of trust and fraud.
Kindly forward all related documents and facts to get more detailed advice.
Helpful?
Hi,
Please clarify whether you are interested in the money or in the flats, as course of action for the same will differ. If the redevelopment is done by society, they can terminate the Agreement executed with this builder and appoint another builder and complete the project. In this event,they can also encash the bank guarantee, if any, given by the builder. If the Agreement is entered into by tenants/occupiers, they may approach the Civil Courts for specific performance of the Agreement under Maharashtra Ownership and Flats Act, They can approach Consumer forum for deficiency in his services and claim compensation, You can also file Criminal Complaint against the Builder under Maharashtra Ownership and Flats Act.
Please clarify whether you are interested in the money or in the flats, as course of action for the same will differ. If the redevelopment is done by society, they can terminate the Agreement executed with this builder and appoint another builder and complete the project. In this event,they can also encash the bank guarantee, if any, given by the builder. If the Agreement is entered into by tenants/occupiers, they may approach the Civil Courts for specific performance of the Agreement under Maharashtra Ownership and Flats Act, They can approach Consumer forum for deficiency in his services and claim compensation, You can also file Criminal Complaint against the Builder under Maharashtra Ownership and Flats Act.
Helpful?
Adv. Rushil Aiya
Mumbai | 100+ Answers
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