Non Compliance of Clause by Builder Non Compliance of Clause by Builder

Dear Sir,
I own a commercial property which has undergone redevelopment under SRA. There are 4 agreements signed between Owner and Builder. At the time of signing the agreement we were been told that irrespective of you are eligible (Patra) or Non eligible (Apatra) , Builder will provide rent and permanent alternate accommodation in the developers free sale component.

1) Agreement 1: Builder requesting owner to vacate the hut and as per the terms and conditions promised payment of rent for first 24 months.
2) Agreement 2: Where its mentioned that Builder will provide permanent alternate accommodation to both eligible and non eligible and in view of the same the rent will be paid till handing over the permanent alternate accommodation.
3) Supplementary agreement: It is mentioned that Builder has agreed to pay rent to each of occupier either eligible or non eligible as decided. Rent will be paid till permanent alternate accommodation is provided.
4) Agreement 4: Mentioning that Owner has handed over the property key and view of the same rent for temporary alternate accommodation shall be started from Jan 2017 till handing over the permanent alternate accommodation.

Builder stopped the rent in 2019 Jan stating we are not eligible as per SRA rules as our shop and establishment license is not in continuation, as in there is break in between. Our status in Annexure II is "Anirnith"

I want to know
a) The agreement is signed between Builder and Owner. Builder has promised verbally and in writing in agreement that both rent and permanent alternate accommodation will be provided by him even if it is non eligible. I am following up last 7 months and wrote few emails sharing all agreement copy and highlights. If he do not agree , how do i go about in this case?

Shreyash Mohta

Responded 3 years ago

A.Your query cannot be sorted here. Please consult me personally.
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Kishan Dutt Kalaskar Retired Judge

Responded 3 years ago

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A.Dear Sir,
Without going through different documents and clauses thereunder i am unable to answer effectively.
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