Promoter has converted garages into living quarters Promoter has converted garages into living quarters

2 weeks ago

The promoter of my building has converted two garages on the ground floor into living quarters and is misusing them. Can I sue him for compensation?

Anik

Responded 1 week ago

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A.Dear Client,

If a promoter conducts construction or conversion in deviation from the approved building plan, you can lodge a complaint with the Building Plan Approving Authority. This authority has the power to take necessary action against the promoter for unauthorized construction or conversion without proper permission. In cases of disputes between a promoter and a landowner under a joint development agreement (JDA) for commercial building construction, such disputes are considered commercial disputes. These disputes fall under the jurisdiction of Commercial Courts established under the Commercial Courts Act, 2015. Commercial disputes typically involve disagreements related to commerce, such as contract terms, fiduciary duties, or intellectual property rights. They can be resolved through court proceedings or alternative dispute resolution (ADR). Given the nature of the dispute, escalating your grievance before the Commercial Court is advisable for redressal.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 weeks ago

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A.Dear Client,
If the Promoter makes the construction or conversion in deviation from the approved building plan, then you can make a complaint before the Building Plan Approving Authority who are empowered to take necessary action against the Promoter for such unauthorized construction or conversion without obtaining permission from the authority. Further, a joint development agreement (JDA) is executed between a Promoter and the Landowner for the construction of a building for commercial purposes and any dispute that arises between a Promoter and the Landowner is considered a commercial dispute required to be tried before a Commercial Court established under the Commercial Courts Act, 2015. A commercial dispute is a disagreement relating to commerce between two or more stakeholders. These disputes generally arise in relation to contract terms and conditions, fiduciary duties or intellectual property rights, and may be settled through court proceedings or alternative dispute resolution(ADR). So, considering the nature of the dispute, you can escalate your grievance before the Commercial Court for redressal. In the prevailing situation, reach out to an Advocate handling commercial disputes before the Commercial Court for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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