You have to file separate cases against builder
2) sue the builder to deliver vacant possession of flat and to pay you arrears of rent as per your agreement
Exchange deed with builder
Hi, I and 6 others resident of Mhada chawl had entered in an exchange deed with a builder in 2010. We had handed over our rooms to the builder in 2013 and in exchange agreed to take a flat in one of Builder's Redevelopment project. We are not registered member of that society. The builder had agreed to provide Temporary alternate accommodation but he defaulted on that. He then agreed to pay rent starting April 2013. He paid rent for 21 months in an untimely manner and later stopped paying rent starting Jan 2015. Each one of us have individual registered exchange agreement with the builder with same terms and conditions. We want to file a case against him. Is it possible to file a single case against the builder or everyone has to file separate case? Regards Yatin Tailor
Asked 5 years ago in Property Law
Religion: Hindu
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17 Answers
- As per the information mentioned in the present query, make sit clear that you all have been cheated by that builder.
- I advice you to all together should file a suit for specific performance of the agreement entered between both the parties.
- Along with that you shroud also ask for the interest over the amount which you have incurred on rent etc.
- I advice you to immediately file the suit, as you may also have to answer the limitation period also before the court.
Yes,you have all right to file a case against the builder as a person and you altogether file a single case against the builder. File a a case jointly is better
See since individual agreement are there it would be better to file a single case before the court against the builder. Though it is permissible under law that you all can jointly file a suit against him but things will be clear if single suit is filed before the court.
Thank you Sir for the response. 1) Only below points are mentioned in the Exchange agreement. a) Builder agreed to provide temporary alternate accommodation in a building. b) Builder agreed to provide a flat in his Redevelopment project. 2) There is no documentation with regards to rent agreed with builder in place of the Temporary alternate accommodation but the Bank statement is the proof that the builder had paid us rent. 3) The society under whom the redevelopment project is commenced, had filed a case in High court against the builder in 2016 as the builder delayed the possession of the flats. There is an arbitration order against the builder in September 2018 to leave the project and handover the entire proceeding of the project to the society. The High court order is still awaited for same. 4) As far as we are concerned the builder defaulted on the temporary alternate accommodation and the rent. Where should we file the case? Consumer court or High Court? 5) As per RERA are we considered buyers of the property though we have not entered into Sale agreement with the builder? and If we are not buyers do we hold the same rights as the society? Request your advice for above points. Regards Yatin Tailor
Asked 5 years ago
There is no agreement to pay rent
2) however you are entitled to temporary alternative accommodation
3) file complaint against builder before consumer forum or RERA
If all the aggrieved parties have common grievances against the builder then they may file a suit jointly seeking their respective reliefs accordingly.
However it is advisable that each individual file separate case under the banner of a single advocate so that the reliefs can be sought separately.
To the point 4, you may seek relief through consumer disputes reddressal forum
To the point 5, you may approach RERA with your grievances as an aggrieved party to redevelopment project, let them inform that you are not eligible for any relief through them after which you can take appropriate legal course of action.
If possession is not delivered on time, you can send a notice to the builder, claiming the damages. “The buyer can also file a consumer complaint for ‘deficiency in service’ as defined under the Consumer Protection Act, 1986 against the builder.
Regarding the rent you can approach one civil court. You have all right as a society ,kindly approach civil Court for both matter
1. The case shall be filed before the civil court of appropriate jurisdiction that is City civil or the high court according to the territorial and pecuniary jurisdiction.
You will have to file a suit against the builder
All 6 members can jointly file a suit
You cannot invoke Rera as it doesn't cover society redevelopment matters
You can also intervene in society suit. But if the DA has an arbitration clause the matter would be decided by arbitrator
So if that is the case then its better to file a separate suit in HC
You will have to pay court fees depending on the claim amount
Max court fee is 3 lacs
1. A joint matter, signed by all parties can be filed in the local Consumer Court, for all the mentioned grievances and proper damages & compensation can be claimed from the Builder, thru the orders of the consumer court.
Keep Smiling .... Hemant Agarwal
Hello, 1) Why single suit should not be filed? 2) What are the disadvantages of filing a single suit?Would it result in any legal difficulties? 3) If we cannot invoke RERA since it does not cover redevelopment matters,since the builder is terminated from the project where do we stand. Who is liable to us and does our exchange deed stands terminated since the builder is terminated? Regards Yatin
Asked 5 years ago
Separate suit should be filed by the 6 residents
2) court would not entertain single suit
3) it would direct residents to file separate suit
4) builder is responsible to honour commitments under contract
1. See if single suit is filed even if other party is not interested you can persue your cause of action.secondly there are Individual agreements so it would be easy for evidence if suit is single.
2. There is no disadvantage in single suit.
3. See if builder is terminated then the project need to be given to other builder claiming damages from builder.
1. Nobody stops you from filing a suit alone
2. No disadvantage. If others wish to join, they can take out intervention application in your suit
3. RERA is applicable where a buyer pays money to builder and builder defaults in his obligations. Your remedy is to file a civil suit
4. Exchange deed is very much valid. It has got nothing to do with termination of builder. Builder has entered into independent contract with you
1. In a single suit the relief cannot be uniform to all the parties approaching the court, hence it is not advisable to file a single suit for everyone.
This can be done provided the relief is common for all.
2. The disadvantages is that court may not be able to give separate reliefs to each individual as per their requirement.
3. If you don get any relief through RERA then you may have to approach court alone for getting the desired reliefs.
Dear Sir,
It is better to file a single complaint or/and single suit to avoid contradictory findings by the Courts. Always Courts avoid multiplicity of litigations and if it found there are similar suits then it will combine all of them and pronounce common judgment. Hire a high profile advocate and have faith on him without expressing your doubts on his integrity.
