Joint venture for flat promotion Joint venture for flat promotion

5 years ago

I entered into a joint venture agreement with a flat promoter for my land in Chennai for flats construction. Out of 3 flats, the builder's share is 1 flat and I have transferred the UDS (undivided share of land) to the builder's buyer. However the builder has not yet made ready the building and it is 16 months more than the agreed date by which builder had promised to hand over my 2 flats. My question is, can I file a caveat or suit requesting the honourable court to cancel the UDS sale deed which was executed by me in favour of the builder's buyer? What other legal remedy is available to me in addition to seeking due performance of contract? Can I also file a criminal case against the builder under sec 420 for cheating as he has wrongly induced me to part with my property?

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client kindly file suit for breach of contract for dameges.contact with vidhikarya lawyers
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Nirmal Chopra

Responded 5 years ago

A.U can file civil suit for breach of contract, its cancellation and damages.u can't go to consumer court because ur transaction in not lieu of some charges paid but a joint venture which is commercial in nature.
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Aditi Tuteja

Responded 5 years ago

A.Hello, I would suggest you to file the Consumer Complaint. That is best and speedy as well. You can file complaint under deficiency of services against the builder.
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ROBERT D ROZARIO

Responded 5 years ago

A.Need to review the developer agreement to check if there's any clause for the consequences of breach of contract and where the remedy lies for its jurisdiction (is there any Arbitration Clause). Only after review of the document legal opinion can be delivered.
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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
You can implement both of your proposals. If you can manage the police a 420 IPC case can also be booked against him. In the meanwhile get issue a legal notice cancelling all the documents in favor of the builder and consequent of cancellation of the sale deeds then approach Civil court and take possession of entire project and hand over the same to some other builders. You may also claim damages.
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