Take Over Of The Bulding Project
30-Apr-2023 (In Consumer Court Law)
We are round 50 buyers who have booked a flat in township since 2012 present condition of building is under construction. Construction was being stopped from many years around 2-3 years . Present condition is that we buyers have money pending tht is sufficient to build it.. . But builder asking to give money in advance. as before we. Have also given money but he not invested in building he is a bank defaulter all his property is mortage in bank. He cannot even sell his property to complete his project (as he is defaulter but he is not declaring himself insolvent officially ) Does we have law that whole of the project can be takeover to other organizations ??? He is not declaring insolvent coz he want to aquire money as he lended lot of money from the moneylender in market at heavy intrest and they are pushing him to give their Intrest . We society want to take over the whole project to other firm or other builder so tht we can take possesion
Query perused. I am of the considered opinion that opinion that you opinion that you should file a complaint before the ncdrc, the consumer court as a class action suit under section 12 (1)(c) of the Consumer Protection Act and seek similar relief like possession, refund, compensation for delay etc. For further consultancy and legal services you may contact us.
Hi,
It is extremely difficult for you to take management of society. However, you can ask the tribunal /court to give you either your money back with interest or provide you the flat at the same time.
You can also move an insolvency petition against the builder for speedy recovery of your money.
Regards,
Madhav Nanda
Advocate
It is extremely difficult for you to take management of society. However, you can ask the tribunal /court to give you either your money back with interest or provide you the flat at the same time.
You can also move an insolvency petition against the builder for speedy recovery of your money.
Regards,
Madhav Nanda
Advocate
There are many ways to go about it. One way is to file complaint before RERA so that you can get your money back and Rera can also a sign the same project to a govt organisation to complete it!
The other way is to file insolvency before NCLT where winding up proceedings will start and you can get your money back.
The other way is to file insolvency before NCLT where winding up proceedings will start and you can get your money back.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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