Builder not delivering the possession of flat neither refunding money
13-Mar-2023 (In Property Law)
We have booked a flat in redevelopment mahada project in Andheri West Mumbai in August 2013. The builder had promised us possession within 2 years but till now he has not started construction. The mahada building was already demolished in 2013 & he was giving rent to the tenants. Since last two years he has stopped giving rent to the tenants. Then the tenants had terminated the agreement with the builder & appointed new builder. The new builder is now paying rent to the tenants & just 2 days back he has started some construction activities on site. We & some other flat purchasers have filed fir & our old builder is in jail. Now he has applied for bail which we are opposing. One of our flat purchasers had filed a case in Bombay High court to oppose the new builder but the judge view is that the society is on road so can't stop new builder. Some of our flat purchasers have registered documents other like me has unregistered documents with allotment letter & payment receipt. Please help.
The documents which you possess are enough to prove that you had a transaction with the builder who is currently in jail. The new appointed builder will be acting in the power of the old builder thus, you are not required to worry about that although, if the new builder fails to do his duty accordingly then, you will have to initiate criminal proceedings against him.
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