Not only you can cancel the contract but also claim compensation for breach of contract, in default you can sue him in court.
Can a development agreement be cancelled if he does not initiate any action for last 8 years
We have registered agreement for redevelopment of our old dilapidated building in November 2011 but the developer has not initiated any action and interested anymore and demand the money spent for initial expenses with interest, can we terminate this registered agreement without paying any amount since the delay is from his end. We are still cooperating but he doesn’t show any interest. We are staying in a very dilapidated building for which BMC had issued 12 reminders to vacate our building? Kindly suggest a suitable remidy.
Asked 4 years ago in Property Law
Religion: Hindu
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15 Answers
Can we put a counter claim for the time and opportunity loss due to delay from his end and the developer is not taking any action at the same time do not cooperate us for the cancellation deed for terminating the said agreement?
Asked 4 years ago
Since it is registered contract you can file suit for specific performance or for cancellation of the contract.
The development was to be done by the builder which he did not do. There must be some clause in the agreement wherein penalties must have been imposed in case of non compliance or delay.
Regards
If this is not the case then too such an inordinate delay should not be condoned and a legal notice must be given to the builder and a complaint must be filed in the consumer forum.
Regards
You are at liberty to terminate the agreement since builder as failed to carry out construction within stipulated period
2) award contract to another builder
3) no need to pay any interest to the builder
4) ask for supporting documents for expenses claimed by builder
In event builder sues you then you can make counter claim for damages
See you should firstly vacate the building and secondly give legal notice to the builder to start work in 15 days or the agreement stands cancelled if he fail.on notice appoint another person and start work.
You can file a consumer complaint against.builder seeking damages.for.delay and mental.agony for not doing work.
Yes you can send him a legal notice and go forward but still he can file suit if he secures any loss
1. if the builder has not taken any steps for redevelopment then the DA with him can be terminated as per the terms of cancellation/termination agreed in DA
2. If builder is refusing for termination then you will have to file a civil suit against him for cancellation of the registered DA
Builder failed to deliver service on time and due to his delay and inaction, condition of building turned dilapidated. Builder not entitle for refund and agreement is already expired by efflux of time and non performance of builder.
you may file a consumer complaint before the NCDRC and simultaneously file a criminal complaint to put additional pressure if sufficient grounds are made out..
Yes you can terminate the contract without paying anything to the developer.
You can file suit for compensation in delay and losses due to rise in material pricing due to breach of contract terms.
You can cancel the agreement with the developer if he is not interested in continuing with this development anymore.
However you may have to return at least the amount what he had spent if not the interest on it.
You may settle the matter amicably and engage a good contractor at least in future.
You can do whatever you would feel like provided they are legally maintainable however do not complicate the things when they are still in simple stage.
You may have to exert more energy when you take it up legally or he is approaching court.