• Builder delaying in taking NOC

In 4th dec 2014 I made an agreement with a builder for 3 years duration after NOC. But its been 3 years now and he hasn't taken the NOC yet and completed less than 10% of the property and not giving rent properly as well. And now he stopped receiving calls also. I am in a big trouble, what should I do now to get back my property????
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

1) it is necessary to peruse agreement entered into with builder to advice

2) if builder has failed to honour his commitments you can terminate the contract and en cash the bank guarantee

3) sue the builder to recover loss suffered by you

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

Well, if the developer is not acting as per terms of the agreement the developer blind by the terms governing breach of terms of the agreement.

If it gives power to cancel the agreement itself then you can proceed to cancel the same and refund the money of any received without interest.

If he does not do that you can approach consume forum also and seek damages along with delivery of possession.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Hello,

File a complaint against the builder in the consumer forum for refund of the money and for claiming the damages for mental agony.

What was the price of the flat?

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. You are deficient in providing details to render proper advice.

2. What is the agreement you have entered in to and what is the NOC for and from whom the said NOC is expected to be collected by the builder?

3. Was the builder expected to collect NOC from other occupants of your premises which he was to develop?

4. However, if the builder has not complied with the terms of the agreement entered in to by and between both of you and if there is an exit/termination of agreement clause mentioned in the said agreement, you can send the builder legal notice asking him to comply with the terms of the agreement within next 15 days failing which the said agreement will automatically be considered as terminated and you shall be free to deal with your said property in any way you shall feel like including entering in to development agreement with an third party.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1) Please narrate the things clearly, that for what purpose your land was given to builder. Is it co-op housing society, or self owned etc who has not given NOC to whom?

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Where and from whom NOC?

Why builder has to give rent?

Make your query in detail.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

File a complaint to the RERA or you can file a case before the Consumer Court for appropriate reliefs.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

You can take action under RERA.

Talukdar Foxwheel
Advocate, Guwahati
16 Answers
1 Consultation

4.9 on 5.0

Three years already completed and he is not complying the clauses of the agreement executed by him in your favour, and further he stopped to receive call voluntarily .

Two ways are there to settle the dispute :

1.You should lodge a written complaint against him after narrating all the facts of the agreement and cheating done by him . If, police deny to take steps against him , you can approach the court on this ground for criminal action.

2. You should send a legal notice with the help of lawyer of your area. If the builder not response within 15 days of time , file a complaint in the consumer court .Sure you will get relief.

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

lodge complain with the Assam RERA authority against the builder.

further you may proceed complain against the builder before consumer forum also.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

1. Serve a lawyer's notice for cancellation of the agreement to him and then file a suit for damages against him in the civil court.

2. If he does not deliver the possession of the land then also seek recovery of possession in the civil suit.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Send a Legal Notice to the builder calling upon him to forthwith redress all your grievances.

This notice should be meticulously drafted and all the material particulars of your grievance must be described in this Legal Notice with sufficient particularity.

If the Legal Notice is not complied with by the builder, take a legal recourse against him, as may be prescribed in the agreement.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Send a legal notice to him for vacation. Else you need to file eviction suit against him. If he has given any pdcs you can bounce the same and file case of cheque bouncing under section 138 of Negotiable Instruments Act

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

What is the NOC are you referring to here?

If you have grievances against the builder, you may initiate legal steps to get your grievances redressed.

You may issue a legal notice to the builder expressing your grievances against him and demand him to comply with the requirement as per the agreement or the conditions entered thereto between both.

You may initiate further steps through court of law for proper reliefs and remedies.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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