Redevelopment of building
My building was very old and it was proposed for redevelopment by the committee of the building. A builder showed up and everything started,he proposed that we leave the building and take a rented place before all paper works starts,And as it is very difficult to find a good rented place in mumbai, so we took a rented place before builder started any rented work,And 15000 PM was paid by him to us(all the members who left the building).
Its being 2 years now but not a single scratch of work has started by the builder and the committee member gives false commitment about building work will start in few months.
Please suggest us how can I legally take action against the committee member and builders and since the building is still standing on the ground,can we shift back to the that building.
There is no agreement for transfer of rights has taken place between us and the builders.
Asked in Property Law from Mumbai, Maharashtra
i presume cooperative society has been formed for your building . there is a procedure prescribed for redevelopment in maharashtra .
from facts mentioned by you it appears that your society has not appointed any consultant , floated any tenders before going in for redevelopment . further video recording of proceedings have to be done .70%of members have to agree then only redevelopment can be done after resolution is passed in AGM and redevelopment agreement signed by builder with society and flat owners .
if builder has committed breach of terms of agreement society can terminate the agreement with builder and encash the bank guarantee . contact a local lawyer