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Breach Agreement for Devolopment
04-Jun-2023 (In Arbitration Law)
Sir,
With due respect & humble submission I beg to state that I have given my land to a promoter and he breached the agreement and he stopped the house rent without notice 1 year ago. He refused to give me the compensation. He didn't prepare F.A.R and payment schedule.
In the above circumstances you can see my problems. If you tell me what can I do now I will be oblige their by. Awaiting for your early response.
Yours faithfully
Arya Brata Chattapadhaya
if he breached the development agreement then you can approach consumer forum against the said promoter asking to give you compensation besides that you can file a cheating case against that promoter.
regards
regards
Helpful?
20+
20+
Adv. Suvajit Ghosh Dastidar
Kolkata | 200+ Answers
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Dear Querist,
1. Please check whether the Development Agreement which was executed contains an arbitration clause or not and also check the terms & conditions.
2. Send him a Demand Notice enumerating all your rights and accordingly the same being fulfilled within 15 days.
3. If not fulfilled then terminate the Development Agreement after filing a Caveat in the appropriate judicial forum.
4. Now if you have claims then file an application under Section 11 of the Arbitration & Conciliation Act, 1996 and if you want to seek any interim relief file an application under Section 9 of the said Act.
The above opinion is based on the contents expressed in your query and may vary after perusal and knowledge of the actual documents and facts of the case.
1. Please check whether the Development Agreement which was executed contains an arbitration clause or not and also check the terms & conditions.
2. Send him a Demand Notice enumerating all your rights and accordingly the same being fulfilled within 15 days.
3. If not fulfilled then terminate the Development Agreement after filing a Caveat in the appropriate judicial forum.
4. Now if you have claims then file an application under Section 11 of the Arbitration & Conciliation Act, 1996 and if you want to seek any interim relief file an application under Section 9 of the said Act.
The above opinion is based on the contents expressed in your query and may vary after perusal and knowledge of the actual documents and facts of the case.
Helpful?
22+
22+
Adv. Sohail Haque
Kolkata | 25+ Answers
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