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Developer not completing project how can I replace him


21-Jun-2023 (In Consumer Court Law)
A builder/property manager (same entity) of a property has been negligent/fraudulent and not completed the commercial project at hand. Owners wish to evict the builder/property developer and replace him with another. How to go about the above? The Karnataka Ownership Flats (Regulation Of the Promotion of Construction, sale, management and transfer Act), Section 5, 1972 mentions a company can be formed to evict the above. Looking for Rules/advice/precedents pertaining to the same. Any help appreciated.
Answers (2)

Answer #1
816 votes
Dear friend ,
In this regards you have to take the agreement prepared between party and accordingly can be helped , yes if any breach has taken place or agreement not as per agreed then remedy with compensation can be filed , any how will have to see all the detail and documents in this regards .you may contact our office :Dr pankaj Kumar ,advocate,c v s mani and assocaotes, versova , kagadashpura,
Answer #2
584 votes
Hi
It is not necessary that you should be a company to evict the builder or replace him, if you (owners of the flat) have formed an association then it will be a legal representative of the owners of the apt.after which the association rep.by its Secretary, can pursue a consumer case on behalf of the owners for deficiency of services, unfair trade practices, compensation and mental agony.
Best regards,
Pratap, Advocate

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