ask a question ask a question
Get Realtime Updates of your Request. Download Vidhkarya App

Ask a Question - Free Legal Advice

Administrative Law (420)
Adoption (118)
Advertising (45)
Animal Laws (38)
Arbitration and Mediation (38)
Aviation (15)
Banking (518)
Bankruptcy and Debt (171)
Cheque Bounce (377)
Child Custody (147)
Civil (1943)
Commercial (68)
Consumer Protection (547)
Contracts and Agreements (450)
Corporate and Incorporation (91)
Criminal (1517)
Customs, Excise (34)
Cyber, Internet, Information Technology (318)
Debt and Lending Agreement (76)
Debt Collection (138)
Divorce (468)
Divorce and Separation (1599)
Documentation (298)
Domestic Violence (546)
Election Campaign and Political Laws (20)
Employment and Labour (1045)
Environment and Natural Resources (29)
Family (1850)
Financial Markets and Services (89)
Government Contracts (51)
Human Rights (255)
Immigration (51)
Industrial Laws (51)
Insurance (67)
Intellectual Property, Copyright, Patent, Trademark (98)
International Laws (11)
IT Contracts (41)
Juvenile (17)
Landlord and Tenant (564)
Licensing (21)
Mail Fraud (14)
Maternity (57)
Media, Communication, Entertainment (16)
Mergers and Acquisition (20)
Military Laws (9)
Motor Accident (132)
Muslim Laws (56)
Outsourcing Agreement/Laws (5)
Partnership (56)
Police Laws (60)
Power of Attorney (74)
Privacy (89)
Property (2735)
Real Estate (400)
Registration (134)
RTI (110)
Sale (57)
Sale of Goods (20)
Sex Crime (136)
Sexual Harassment (6)
Sexual Harassment at Workplace (69)
Software License (4)
Tax (13)
Tax-GST (6)
Tax-Income Tax (22)
Tax-Property Tax (30)
Telecommunication (10)
Torts (16)
Transportation (49)
Trust and Society (NGO) (80)
Will (142)
Work Permits (30)


Placeholder image


posted 3 weeks 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. As in 2015 there is no such deed. In the tear 2016 there is a gift agreement to Kolkata Municipal Corporation. We have requested manual search but they informed from 2008 there is no such provision. How can we get the document the from register office. The registration has been done , we the four owners signed at the register office and it was entered manually in their serial book.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 and we have taken record of her statement. 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 joint development agreement 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
Share this questionShare Icon

Showing 3 of 3 Responses

A. Dear Sir,
The description given by you is so lengthy, please make it short and re-submit, as experts have no time to spare as this is free and charity work.

Found Helpful
Found Helpful
Share this answerShare Icon
Reply Here

A. Approach the appropriate court and seek proper remedy. Hire a local lawyer to guide you.

Found Helpful
Found Helpful
Share this answerShare Icon

Shreyash Mohta

Experience: 1 Year(s)

Responded 3 weeks ago

View All Answers
Reply Here

A. U can approach to the court for just create dispute for Ur benefits

Found Helpful
Found Helpful
Share this answerShare Icon

Rameshwar Dadhe

Experience: 2 Year(s)

Responded 3 weeks ago

View All Answers
Reply Here
Talk to a Lawyer
Post Your Matter
Request Callback
Contact Us