Issue builder legal notice to pay you 10 per cent of balance amount
2) also claim compensation for providing flats of smaller size than agreed upon
3) you can file suit for damages to claim loss suffered by you
Builder doesn't complete Joint Venture Project
I own a land which is around 2000 sqft. We registered a joint venture agreement with a builder on a 60-40 basis citing he construct 5 floors and 10 flats and 2 shops and parking and also provide lift. Builder only constructed 3 floors and 5 flats that too of lesser size and no shops and has not obtained completion documents from the municipal authorities. Also lift has not been installed. He has still not given the 10% of the Money based on 60-40 partnership. He has given me half flats and half he has kept for himself which he has rented out. Now it is 6 years and the builder doesn't respond to calls and messages. Let me know what action can be taken.
Asked 6 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
14 Answers
First apply to court for specific performance of the contract and claim your agreed share in the rent income .
builders makes false promises and do not comply with their statutory obligations, issue a legal notice through an advocate and file complaint before district consumer forum and claim 10% amount and compensation for mental agony.
Hi, it is advisable to file a complaint in RERA or the consumer court if he has delayed the project ..Also to recover the money a separate recovery suit has to be filed in the court
1. Criminal Case option can be exercised by filing a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
2. Civil Case option can be exercised by filing Civil Suit for specific performance of the agreement, failing which the entire agreement /contract to be declared null & void and all property handed over back to owner. However, this option needed to be exercised within limitation period of 3 years.
You can go to nclt if builder is a private company otherwise recovery suit before civil court
First, you need to check in the PMC how much FSI is granted for your survey number plot.
If it's. 0.75 FSI than only 1400 sq ft can be built, 1 FSI 2000 sq ft and 1.6 FSI means 3200 sqft.
Accordingly FSI granted by PMC the floors can be built, there are so many rules till it get complete.
Now you can check termination clause in the JV or Development Agreement and take steps accordingly.
Thanks for your answers but what about the flats and shops that were not constructed at all but aee present in the agreement. Shouldn't I be getting a reimbursement on the rent of these properties for 6 years?
Asked 6 years ago
You need to claim your losses and ask for specific performance of that agreement
You have a joint agreement with terms and conditions by a registered document.
You can find the clauses under which what action to be taken for such default or delay in completion of construction..
You may first issue a legal notice to the builder invoking the said clause by which you are empowered to initiate legal action against the builder and after that you may proceed legally against the builder for relief and remedy.
You were advised to initiate legal steps for getting the reliefs as prescribed in the JV agreement.
You can take action for recovery and also can seek attachment of his property for furnishing security in the money recovery suit you may intend to file against him.
It is necessary to peruse your joint venture agreement to advice
you can claim damages from builder for delay in completion of flats
Already advised you to file suit for specific performance of the contract .It is a fit case for specific performance because actual damages caused by the non-performance of the contract can not be ascertained with reasonable decree of accuracy.
Further breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money is a presumption by court.
- First of all, you must sue him for specific performance of contract (to get the remaining number of flats and shop constructed, and lift installed)
- Secondly we need to understand this 60: 40 agreement better. You must come to me with a copy of your contract with builder for exhaustive consultation and advice as to what other legal remedies you are entitled to. I'm willing not just to advice you, but also to plead your case in court for appropriate remedies as your counsel (Advocate).
- So speak to me on phone consultation service of kanoon here, to fix up an appointment with me.
You should file a suit for breach of contract and specific performance.
Claim compensation and refund of rents along with interest From builder.
