Non completion of redevelopment project
3 years ago
My building went for redevelopment in feb 2015 and it’s been over 5 years and we still haven’t been handed over our flats.
All flat owners have individual contracts with the builder according to which the completion and handover of the flats (with full NOC) was to be done in 2 years + 6 months grace period, failure to which the builder was to give us a penalty amount over the agreed monthly rent.
The first 3 years we were paid regularly after which he started faltering. However, since the last 1 year the builder has not been giving us the agreed monthly rent amount forget any mention of penalty and we’ve been paying out of our pockets. Also the work on our project has come to a complete standstill.
I would like to know what are my options here to deal with this situation in the most economical and timely way possible. We cannot afford to pay any more money out of our pockets as all our savings are depleted now.
Also I believe we cannot go through RERA as the project completion date is registered as dec 2020 on it.
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ADV. ANISH PALKAR (High Court)
DIYAVARHUSSAIN SHAIK
Responded 3 years ago
As per your inputs
Better to issue a legal notice for not performing the contract and claim the compensation from them
Rameshwar Dadhe
Responded 3 years ago
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You can approach RERA as you have the agreement in place containing all the details. You can approach the tribunal stating that the builder has put false information to obtain the registration certificate from RERA.
You have mentioned that there is an individual contract of the builder with the owners. You can approach RERA along with the agreement where the handover date mentioned has lapsed. You can also show the records of compensation that the builder gave you. You can contend that the builder has entered incorrect details of the building on the RERA site.
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