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Construction company gave development right to 3rd party
30-Jan-2023 (In Consumer Court Law)
Whether an agreement registered in 2012, for purchase of a flat from a construction company which owned the land can give the developmental rights to another entity disregarding the interest of the buyers who have registered agreement. This was done in 2015. We were kept in the dark. The promised possession was in December 2012. We were neither given proper reasons for the delay nor about handing over the project to a third party. We were offered @ 8000/-. per sq.ft. for a carpet area of 900 . The new builder is now demanding Rs.20000 per sq.ft.Pl. give advice for further course of action
We are presuming that 1) you are resident of Maharashtra and 2) Your registered agreement is execcuted under the provisions of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 ( MOFA in short). Under MOFA, the liability of the builder/promoter is a Statutory liability and he is legally bound to complete the construction and hand over possesion of the flat to you as per the agreement as also to transfer the entire land and constrution thereon in favour of either a Co-oprative Society/Apartment holders/ company as per the terms of agreement.
in your case, even if the builder assigns the development rights in favour of a new builder (your agreement may have a clause to that effect), he and the assignee/new builder can not alter the terms of your agreement to your prejudice and can not demand excess amounts from you.
The best option for you appeas to be approaching the State Consumer Commission (since consideration of the flat is more than 20 lakhs) for appropriate reliefs of completion of construction, possession and conveyance as per the agreement against the builder as well as the assignee.
Alternatively, you can also file a criminal complaint against the builder under relevant sections of Indian Penal Code.
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Adv. Unmesh Gopal Dindore
Pune | 100+ Answers
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Adv. Aniruddha Prabhatkumar Pawse
Thane | 100+ Answers
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It will require complete details of transaction total number of complainants and from RTI try to get agreement between company and new purchaser.
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Adv. Namrata Rane
Mumbai | 25+ Answers
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