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posted 1 year 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.5 lakh and also he has given rs.6 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. We have claimed the share of profit but he denied.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. On two days no settlement could be reached. They are denying that there is a profit sharing agreement. We do not have copy of the same. I have tried to collect certified copy from register office but failed. We have got circumstantial evidences. Firstly he has given money more than 4 lakh, he is claiming it has been adjusted but no copy or agreement he could not show. We have taken money on voucher where sometimes it is written that jv adjustment, some time advance. Secondly we have call record where he told that agreement is there but he will produce before the judicial body as we have complaint. He refused give plan, visit his office and the building under construction, his accounts where in the joint venture agreement it is written that we are at liberty to inspect the accounts. Thirdly during the mediation proceeding they have taken the signature of my mother that she is not in the complaint and if she does'nt sign , no money will be given exploiting our financial crunch. In the meantime my mother has got hospitalized and we are in dire need of money. Fouthly , in the complaint itself I had mentioned that he is supressing the profit sharing agreement, I had sent letter personally before launching the complaint claiming the document, he didn't responded, I have been following up from 2016 claiming the document he is not responding. The jv agreement was entered into 2015 nov and supposed complete within 2 years but not completed and handed over the building.
In this circumstance, what should be the best course of action? Will we file suit in consumer court or criminal court? does the consumer court will take care of criminal offences on the basis of circumstantial evidence

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Kishan Dutt Kalaskar Retired Judge

Experience: 34 Year(s)

Responded 1 year ago

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A. ) Dear Sir,
More appropriate remedy is to approach Civil Court.

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Rameshwar Dadhe

Experience: 4 Year(s)

Responded 1 year ago

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A. ) U should file complaint against the builder

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