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Author Topic: Delay Property Redevelopment  (Read 283 times)

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Offline hdesai24

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Delay Property Redevelopment
« on: March 23, 2017, 10:17:46 AM »
We had a old building in Dombivli [Thane District] which we put for redevelopment in 2012,

As per the agreement with the builder

1) He needs to provide us with 4 flats totaling 3360 Sq Ft area, it's not specified if it's built up area or carpet. At the end if the area is lesser than what is stated then he needs to pay 1.5 times the current market rate for lost sq ft.
2) Our new building is of 4 floors, as per agreement if he makes a 5th floor apartment then he needs to compensate us.

Here are the sticking points,

1) The flats that he has provided now are smaller and current estimate is around 3000 Sq ft
2) He has let some of land (which is in my mother's name) to adjacent property without our approvals. [We suspect he has sold off]
3) He is now trying to sell off the terrace above the 4th floor has a attachment to adjacent flat, we have argued over this. We have mentioned that in case of fire emergency we won't have safety place, after that he agreed to sell only half terrace. Since agreement doesn't state anything, what can we do to stop him from selling it?

We are looking for compensation for 3 points, going to court is last option. What are other options ? Would consumer court help ? if we go to court how many years will it take ?

Offline harry4567in

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Re: Delay Property Redevelopment
« Reply #1 on: March 24, 2017, 12:41:44 PM »
Dear friend, how is the topic delay in redevelopment. OK, first take possession of 4 flats get it registered. Send legal notice to builder through advocate for breach of contract and stay notice for sale of terrace. Go for cash settlement.

Offline adv.amarnath

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Re: Delay Property Redevelopment
« Reply #2 on: March 25, 2017, 11:01:38 AM »
You have a good consumer case. You will get huge amount of compensation from the builder/ developer.  I cannot say the estimated time consumer forum will take. It varies from court to court. Bu I can assure you that it will take much lesser time than civil court.

For further consultation in details you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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