Advocate Sachin Randive

Questions Answered by Advocate Sachin Randive

Q: How to get development agreement terminated with builder?

My parents entered into a DA(revocable PoA)with builder in Apr2005. Received cash benefit (six lacs) at the time of agreement.Development work supposed to be completed and possession to be given in 15 months from the date of DA. Builder defaulted on: Construction left incomplete.Work not carried out per our DA.As agreed in DA, not paying rent for our existing flat.Since last 6 years, builder did not carried out construction activity on this land even if there is no any stay order from any court case. We approached consumer court (district (2009) and state forum (2013)) but no relief. My father passed away in year 2013 who was the person involved in PoA. Even after 12 years work incomplete.Agreement does not have any termination clause. However, there is a provision of penalty of Rs. 1000/- daily if the work is not completed within 15 months. How can i legally get the development agreement terminated without having to pay to builder anything. Land is in Maharashtra state.

Advocate Sachin Randive answered
Dear* As per the rule and regulation, after demises of either parties of power of attorney is became infructuous * u can also avail effective remedy under RERA Act 2016*In cases where the builders makes false promises and do not comply with their statutory obligations, the homebuyer/allottee now has an option to file a complaint under RERA or file criminal case in a Criminal Court against the builder along with the consumer complaint to be filed in consumer forum.