Delay in construction

5 years ago

Hi
I am from Maharashtra. We have a open plot to which we gave to a constructor to construct few shops at ground floor and 3 flats on above floors. The agreement was that that he his own will construct all the flats and shops in 18 months of time and will give us some money and will keep/sell 2 shops in return. It has been 3 years passes and neither he completed construction or given any money. He giving execuse of fund issues. What we can or should do in this situation?

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Ambrose Leo

Responded 5 years ago

A.You should have joint venture development plan or agreement and the clause provides compensation,penalty,damages,cost etc., you can enforce as per the terms for delay, In maharashtra there is strictigent Builder & Developers Act to protect the consumers/buyers of flat/shop etc., better to consult a Professional Property Lawyer for guidance ,help & protection on all aspects of the case quickly from panel of Vidhikarya.

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NILANJAN CHATTERJEE

Responded 5 years ago

A.Send him a legal notice also you can revoke the Power of Attorney given to the builder for construction. Moreover you can approach the court for compensation for the same.

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Manjula Shanmugasundaram

Responded 5 years ago

A.If your agreement contains any arbitration clause, you can initiate arbitration proceedings along with consumer case. If not, you can file a suit for specific performance and a consumer complaint.

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Neeraj Kumar

Responded 5 years ago

A.Hello there,
You need to send a Legal Notice to him by an advocate so that he(constructor) may take things seriously.

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Anonymous

Replied 5 years ago

Thanks Neeraj Ji, if we send him notice and then also he is not taking it seriously then what we can do?

Neeraj Kumar

Replied 5 years ago

Then you need to find out if they have mentioned about the provision of Arbitration. And for more query you can cantact me through Vidhikarya.

All the best

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