COMPLAINT LAUNCHED IN DISTRICT FORUM COMPLAINT LAUNCHED IN DISTRICT FORUM

5 years ago

We have entered a joint venture agreement with developer in which apart from joint venture agreement where there is 50-50 ratio sharing of total F.A.R, he has given rs.4 lakh as per agreement which is refundable , there is also a profit sharing agreement in which he is supposed to share 33% of profit. He has given another rs.3 lakh and also he has given rs.5 lakh to my elder brother but he is reluctant to give single penny to me and my mother and my elder sister. He also deliberately concealed the profit sharing agreement and didnt part with us.The developer defaulted in completing the project within 2 years as per agreement , now it is more than 3 years yet he has not completed the project . The extra money rs.3 lakh and rs.5 lakh he has given to elder brother he has given had not taken any no objection from all the owners as per agreement. Is he bound produce the profit sharing agreement as there is no other agreement to return his money it is implied that he is obliged to give from the profit sharing. Can he claim the money he has given. Can we claim interest as per rera act(if is drafted in west bengal but not yet passed) We have claimed the share of profit but he denied. Can he show less profit? Can we force the normal profit according area and location and cost of such project ?We have launched complaint online in district consumer dispute redressal commission, claiming the profit with interest,he has probably not replied and they have asked both of us to attend their office. What will happen if he will not attend on the stipulated date? What should be our step after that?

Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers
A.Dear Sir,
It is a case to be tried and nature of civil so it is better for you to approach a Civil Court instead of RERA.

For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.

https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconQuestion on Buying 10 years old flat with registration on hold
Dear Client , you can not rent / lease or sell your property until you have received complete possession of the property. you have to complete registration process for the same before getting into re...
question iconREGISTRATION OF Apartment owners association under companies act
Dear sir, It is ordinarily registered under specific act which might have been enacted by your state government otherwise consult the sub registrar office.
question iconI am being asked to pay more than my neighbour for Open Car Parking
Dear Client, Firstly, document all your interactions with the builder, including dates, times, and any communication (emails, letters, etc.). This documentation will be crucial if you need to escala...
question iconExtra amount for completion of project
Dear Client, Please consult an accountant for the how to include new additional income and if the can be given the rights of a builder. additionally with the consent of the new person they can be a...
question iconRENTAL AGREEMENT
Dear Sir, Unless it is registered lease the locking period is not valid. You may give two months notice and get back your security deposit.