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Developer refusing to execute development agreement
03-Jun-2023 (In Consumer Court Law)
The Developer now refuses to execute Development agreement based on the tender conditions and wants to dilute them to his advantage. We have requested them several times but of no use. Advocate & Project Management Consultant appointed by the Society have joined hands with the developer in diluting the provisions. The building in dilapidated condition. Coop. Society has 12 members some suggest to surrender to the arm twisting tactics, while majority wants to move NCDRC and initiate criminal action against these Dev.;Adv. and the PMC. Please advise on the issue and appro. expenses on the Case
Dear client u have to file suit for performance of contract against the builder in civil court. If builder is using some illegal means then file complaint with police for the same. For any legal help call me
Adv prasad patil
Pune
Adv prasad patil
Pune
Helpful?
15+
15+
As I understand from your query, you had invited tenders from eligible developers for redevelopment of the society. This Developer was selected on the basis of tenders and now, he is not co-operating and not executing development agreement.
If this is the scenario, then 1) first of all, convene the meeting of the General Body and cancel the appointment of this perticular builder developer and inform the builder in writing of the termination of his engagement. Also cancel the engagement of your society Advocate and the Project Management Consultant. If the time permits, before cancelling appointment of the Builder, issue him a notice seeking execution of Development Agreement. If time is pressing, you can take your own decision on this. 2) Make complaint regarding the Builder to CREDAI and the PMC. You can also Make complaint regarding the Advocate and the project consultant to their professional bodies. 3) Then, invite fresh Tenders. It is possible that, the builder may file a court case agaisnt you. Hence, first file a caveat in the court of law so as to protect you against an ex- parte order.
4) frankly speaking, you can go to NCDRC, but it will take a lot of time. I attend NCDRC for my matters and know that, the matter lingers for a long time.
5) For criminal action, I need to peruse the entire documents for giving any opinion.
If this is the scenario, then 1) first of all, convene the meeting of the General Body and cancel the appointment of this perticular builder developer and inform the builder in writing of the termination of his engagement. Also cancel the engagement of your society Advocate and the Project Management Consultant. If the time permits, before cancelling appointment of the Builder, issue him a notice seeking execution of Development Agreement. If time is pressing, you can take your own decision on this. 2) Make complaint regarding the Builder to CREDAI and the PMC. You can also Make complaint regarding the Advocate and the project consultant to their professional bodies. 3) Then, invite fresh Tenders. It is possible that, the builder may file a court case agaisnt you. Hence, first file a caveat in the court of law so as to protect you against an ex- parte order.
4) frankly speaking, you can go to NCDRC, but it will take a lot of time. I attend NCDRC for my matters and know that, the matter lingers for a long time.
5) For criminal action, I need to peruse the entire documents for giving any opinion.
Helpful?
20+
20+
Adv. Unmesh Gopal Dindore
Pune | 100+ Answers
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