JOINT VENTURE NOT PERFORMED IN TIME JOINT VENTURE NOT PERFORMED IN TIME

5 years ago

We have given our house for promoting. apart from the deed, there is also a profit sharing agreement. he was supposed to complete the project within two years. now it is 3 years he has not yet completed the project. he is not giving the money as per the agreement. but he has given sufficient money to my elder brother. can i launch a complaint in consumer dispute redressal commission

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Client,
This is a complicated case and it will not come under Consumer Protection.
Please get in touch with a Senior Advocate through Vidhikarya.com
Shanti Ranjan Behera
Advocate
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Vidhi Samaadhaan Vidhi Samaadhaan

Rajender Prasad

Responded 5 years ago

A.you can take legal action as per agreement executed in between both of you. Any how contact some advocate through vidhikarya.com
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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client kindly go through experienced property lawyer for filing suit against them
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Vidhi Samaadhaan Vidhi Samaadhaan

ROBERT D ROZARIO

Responded 5 years ago

A.lodge a online complaint with RERA. Alternatively for breach of contract file a civil suit for appropriate relief and compensation.
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Vidhi Samaadhaan Vidhi Samaadhaan

Mural Krishnan Sanjeevi

Responded 5 years ago

A.Even though contract of service was provided under CPA it didn't work out on construction. You can file a civil suit or contact RERA of Government.
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Anonymous

Replied 5 years ago

Thank you Sir, Thank you very much.

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Mural Krishnan Sanjeevi

Replied 5 years ago

Thanks. May contact

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Anonymous

Replied 5 years ago

Sir , one more question. I can't find where to file complaint with RERA in West Bengal, I can't find any address, email, contact no. I have contacted with them through contact form in their website but not got any response. Could you please help in this regard? I shall be highly obiliged.

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Mural Krishnan Sanjeevi

Replied 5 years ago

First now you browse the RERA government website and find if the west Bengal has constituted the RERA for their government. If not approach the district collector then continue.

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Anonymous

Replied 5 years ago

Sir, it is showing in the wesite that West Bengal has drafted the rules but not notified. What should be done in this situation

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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 5 years ago

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A.If you had executed an agreement for the development and building then you can invoke that agreement and move the civil court for breach of the agreement and seek appropriate relief. This is not a consumer case and hence can not be filed in consumer forum.
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Anonymous

Replied 5 years ago

Sir, As per CP act, contract of service is outside the purview of the act. But contract of service is defined under the act as any service where there is master and relationship where workers work under direct control of supervisor or any professional or technical service like legal, technical, etc. But I thing housing , construction, project delay, fraud, non performance of agreement in real estate could come under the act. The developer was supposed to complete the building within 2 years, but it is 3 years he has not completed the project. He has given lumpsum amount to my elder brother as there is a profit sharing agreement. But he has not paid any to me. Could'nt I claim the whole amount of my share as he has delayed the project

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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,

It is purely a contract basis transaction as such there is no relationship of consumer as such your advised to approach Civil Court.
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Anonymous

Replied 5 years ago

Sir, As per CP act, contract of service is outside the purview of the act. But contract of service is defined under the act as any service where there is master and relationship where workers work under direct control of supervisor or any professional or technical service like legal, technical, etc. But I thing housing , construction, project delay, fraud, non performance of agreement in real estate could come under the act. The developer was supposed to complete the building within 2 years, but it is 3 years he has not completed the project. He has given lumpsum amount to my elder brother as there is a profit sharing agreement. But he has not paid any to me. Could'nt I claim the whole amount of my share as he has delayed the project

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Vidhi Samaadhaan Vidhi Samaadhaan

Mural Krishnan Sanjeevi

Responded 5 years ago

A.it is not consumer dispute. it is under civil law. execution under specific relief act is applicable
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Anonymous

Replied 5 years ago

Sir, As per CP act, contract of service is outside the purview of the act. But contract of service is defined under the act as any service where there is master and relationship where workers work under direct control of supervisor or any professional or technical service like legal, technical, etc. But I thing housing , construction, project delay, fraud, non performance of agreement in real estate could come under the act. The developer was supposed to complete the building within 2 years, but it is 3 years he has not completed the project. He has given lumpsum amount to my elder brother as there is a profit sharing agreement. But he has not paid any to me. Could'nt I claim the whole amount of my share as he has delayed the project

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Vidhi Samaadhaan Vidhi Samaadhaan

Vishwabandhu

Responded 5 years ago

A.Dear client your problem is much complicated. I need some more details. Contact me on phone through vidhikarya.
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Anonymous

Replied 5 years ago

Sir, As per CP act, contract of service is outside the purview of the act. But contract of service is defined under the act as any service where there is master and relationship where workers work under direct control of supervisor or any professional or technical service like legal, technical, etc. But I thing housing , construction, project delay, fraud, non performance of agreement in real estate could come under the act. The developer was supposed to complete the building within 2 years, but it is 3 years he has not completed the project. He has given lumpsum amount to my elder brother as there is a profit sharing agreement. But he has not paid any to me. Could'nt I claim the whole amount of my share as he has delayed the project

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