• Reconstruction not initiated and builder not providing rents to the tenants

Hi, 

We had handed over our building for reconstruction in the year 2010(October) all flats were vacated and handed over to the builder, we were getting the rent from the builder for the alternate sentiments which we had rented as per the terms in the contract till the year 2014, also the builder has not demolished the building yet (2018) and the current state of the building is not viable. 

I need to know the below mentioned information for initiating a law suit against the builder. 

# our society has 20 members, is there a majority required for filing a lawsuit 
# what are the commercials involved for filing the lawsuit court fee and other official charges (excluding lawyer fee) 
#first we need to get 4 years balance rent paid by the builder to all the 20 members
#want the builder to initiate reconstruction for the mentioned property (or do we have any other option to proceed further) 
#how do I know the current status of the all the required permission are in place or not or what is pending for redevelopment of property. 
#all the members of the society are old can their children (all adults) can take a power of attorney for carrying out the court proceedings
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

1. contract is with the society. so society can file a suit against the builder. the suit can be initiated on behalf of the society by its authorised signatory

2. court fee will have to be paid depending on the claim amount. If the claim amount is above 1 crore then suit can be filed in High Court. If below 1 crore then in city civil court.

other charges will usually be the lawyer fees, clerkage

3. unpaid rent with interest can be claimed in the suit

4. you can terminate the contract with the builder. Or if you want to continue with the same builder then seek directions from court to this builder to comply with the obligations under the redevelopment agreement

5. apply to the BMC or if the builder has registered the project with RERA then all these permissions will be uploaded on the RERA website. You can also write to the builder to provide certified copies of all the permission obtained by him

6. yes a power of attorney can be given.

if the society MC is not in favour of the suit then the aggrieved members duly represented by their power of attorney holders can file the suit against the builder and society and other opposing members

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Dear Client,

If agreement executed by all members than suit shall be filed by all/on behalf of all members.

You have to file suit of specific performance, not much court fees but advocate fees suit is barred by limitation as time line was 2014.

Issue legal notice to builder to update current status and copies of permission if any obtained from govt. dept.

Suit valid through POA.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

This is my response to you:

1. Firstly the reconstruction and the date of possession will be mentioned in the Re-development agreement;

2. If the builder has violated the terms of that agreement then file a petition in the high court;

3. Cheating by builder is not only a civil case, but also a criminal offence as held by Justice Kathawalla of BHC;

4. So consult a local lawyer and take legal steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

any tenant can file slaw suit

2) court fees depend upon reliefs claimed

3)it is better society files suit

4) seek rent for last 4 years from builder

5)file RTI application with BMC as to whether plans sanctioned or not

6) POA can be executed in favour of adult children by the parents

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Hi,

As per your input, you may initiate suit of specific performance against builder. The court fee will be according to value of the suit. The elders can issue special power of attorney in favor of you6 members of family for participating in court proceedings.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Dear Sir,

My answers are as follows:

# our society has 20 members, is there a majority required for filing a lawsuit

Ans: Under order 1 Rule 8 you can file suit in Representative capacity and interested members will join the proceedings.

# what are the commercials involved for filing the lawsuit court fee and other official charges (excluding lawyer fee)

Ans: It depends upon Market value of the building and the fee of the advocate is equivalent to court fee paid by you, normally but if you engage high profile advocate you have to pay more fees.

#first we need to get 4 years balance rent paid by the builder to all the 20 members

Ans: That issue must be put before 20 members and they will be induced to join as parties to the suit. But under law you can claim only for 3 years arrears that too on payment of court fees on such claim amount.

#want the builder to initiate reconstruction for the mentioned property (or do we have any other option to proceed further)

Ans: Issue a legal notice to cancel the agreement if he do not complete the project within a specified period and also claim compensation for delay.

#how do I know the current status of the all the required permission are in place or not or what is pending for redevelopment of property.

Ans: You may approach concerned offices and try to get whether any licence for taken for redevelopment of your property.

#all the members of the society are old can their children (all adults) can take a power of attorney for carrying out the court proceedings

Ans: Yes, they can.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Kisi or redevelopment agreement with the Builder and on the basis of the contract if it is not completed and priest you have the liberty to go to the High Court against the Builder even one person is enough to file the petition as you are 28 number it is good enough to file the petition against the Builder for the breach of contract and compensation

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. A resolution has to be passes for the same

2. A nominal court fee will have to be paid, get in touch with a local lawyer to know the exact amount

3. File RTI and get the required permissions

4. Yes the children can appear through the POA, but the members will have to attend the court at the time of statement recording

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If you aggrieved by the acts of the builder you can initiate legal action against him as per law.

If others are also affected similarly, then they can join you and seek the common relief.

The court fee and the lawyer's fee may be enquired from the lawyer you may propose to engage.

This would be one of the reliefs, hence you first issue a legal notice demanding the same from the builder before initiating any law suit against him.

For reconstruction only you people have handed over the property, so you can demand the same in the legal notice.

You may have to enquire the same from your own sources.

Yes, the power of attorney agents can fight on behalf of their principals.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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