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Procedure to get refund from builder for not completing building
07-Nov-2023 (In Property Law)
I own a house in india, mumbai since a long time, it went into redevelopment with the contract stating it to be completed within 22 months + 2 grace ( started 2009 ) and we were to receive 150xsqft per month, we have not received the amount from 3-4 years and the building is still not made, what can i do here ? I stay in dubai.
We need to know the following:
1) What is the deadline to complete the project as per development agreement?
2) Have u signed a separate agreement with the builder? Any deadlines given there?
3) Is this part of society? Is the land owned by society or MHADA or other?
4) Has the society written to the developer or terminated the developer?
Pls send these details so we can formulate a strategy.
1) What is the deadline to complete the project as per development agreement?
2) Have u signed a separate agreement with the builder? Any deadlines given there?
3) Is this part of society? Is the land owned by society or MHADA or other?
4) Has the society written to the developer or terminated the developer?
Pls send these details so we can formulate a strategy.
Helpful?
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Adv. Aditya Kartik Bhatt
Mumbai | 25+ Answers
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You must have registered agreement with the builder about redevelopment and all the terms and conditions apart from those you have already mentioned has to be read and on the basis of the said agreement, you can file civil, consumer and/or criminal case against the builder by giving him appropriate notice and if he budges by the notice and calls you for settlement then you may give him an option of paying monetary value of the flat which he was supposed to give after redevelopment. Otherwise, take legal action for completion of building and compensation for delay in completion.
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Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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Issue a legal notice and file case against the errant developer in the Court. Need to go through the entire set of documents and correspondences you have exchanged with the developer. Also whether any actions taken by your society? call and talk to me
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Adv. Bankim Mehta
Mumbai | 200+ Answers
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Sir,
If you execute the specific contract wiht builder for redevelopment and the builder has not performing his part of contract in that case you can legaly enforce the terms of contract by filing suit for specific performance. Since the legal action has to be taken wihtin 3 yrs from cause of action and the cause of action is still continuing one, your claim is within limitaion also. for further detail you may contact.
If you execute the specific contract wiht builder for redevelopment and the builder has not performing his part of contract in that case you can legaly enforce the terms of contract by filing suit for specific performance. Since the legal action has to be taken wihtin 3 yrs from cause of action and the cause of action is still continuing one, your claim is within limitaion also. for further detail you may contact.
Helpful?
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