• Property acquisition issue

Hello Sir, 

We had made an agreement with one of the builder in our area for constructing our site of 100 gaj on collaboration basis in exchange of one floor to be given to them as their construction amount out of 4 residential floors excluding one parking floor on ground floor where we had also agreed to provide 1/4th part of the ground floor parking space to them to park their vehicle.(that part has not been sold)  
To complete the work they sold the floor to third party with our mutual consent after constructing the 5th lanter or structure of the house. 
Now after 90% of the work which has been completed they are covering 1/4the of the part of the parking space with aluminium framing so that the third party which is in a business of selling two wheelers could put their two wheeler stock in that area which is no where mentioned on registry or agreed or allowed as per the municipal corporation laws and when we are asking to stop this construction in parking area they have stopped all the work and locked the main gate of the house and not giving us possession for indefinite time. 
Please suggest me the right solution for this. 

Regards 
Ravi Arora 
9911748077
Asked 9 months ago in Property Law from Delhi, Delhi
Religion: Hindu
1) check the building plans sanctioned by corporation 

2) it would provide for allotment of car parking slots to  the flat owners 

3) as per your agreement one fourth parking has to be given to builder 


4) builder cannot cover the parking slot by aluminium framing 

5) issue legal notice to builder to remove the aluminium framing installed by him 

6) if he fails to do so move consumer forum against the builder for deficiency in service and for orders to complete balance construction and remove aluminium framing 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
1) consumer forum cases take 2 years to be disposed of 

2) your agreement must have contained provision that in case builder fails to deliver possession within stipulated period he shall pay penalty for delay in delivery . You can seek relief as per your agreement 

3) number of lawyers on this website from delhi . Contact any of them 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
1. Normally the land owners agree to sell the developer's share of the constructed property only after construction of the entire building and also after selling of owner's share of the developed property. The developer has taken advantage of this loophole of your agreement. The developer has already sold his share and taken the money. and they can walk out of the project now without completing the project,

2. However, report the matter immediately to local Municipal Corporation for deviating from the sanctioned plan for the car parking space so that the deviated construction/ cover of the parking space can be demolished,

3. Also lodge a complaint to the municipal corporation issuing trade license regarding constructing  unauthorised 
godown for their two wheelers in a residential area,

4. Also lodge a police complaint against the said unauthorised construction/cover under copy to the local S.P./D.C.,

5. If police fails and/or refuses to take any action, file a writ Petition before the High Court, against the police for its inaction seeking relief,

6. You can also,   file a complaint case against the developer before your local District Consumer dispute redressal forum alleging deficiency in service and unfair business practice claiming an order for immediate completion of the construction of the building and  a stay order on the developer's covering 1/4th of the parking space which is not in the agreement.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. File the case before the Consumer forum immediately and it may be disposed of with in 1 to 1/2 years,

2. If you are aware of any other project being developed by the same developer, then you can get an order upon him directing him to complete construction of your building first before taking up any other project,

3. You can google search your lawyer at Delhi. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. The remedy for you is to file a suit for declaration of sale as illegal and also claim damages on account of breach of contract. This apart, possession can also be sought to be restored. Alternatively, you can seek specific performance of the contract by the builder. Seeking enforcement of the contract does not operate to bar you from claiming compensation for the violation which has already been done.

2. The time frame will be subject to the backlog of the court. The earlier you sue the earlier you will see the culmination of the process.

3. Issue a lawyer's notice as the first step.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
when we are asking to stop this construction in parking area they have stopped all the work and locked the main gate of the house and not giving us possession for indefinite time. 
Please suggest me the right solution for this. 

The builder cannot abruptly stop the work and lock up the building as reported.  
He is answerable and liable for the consequences. 
This attitude can be termed as breach of contract and violations of the agreed conditions. Besides, it can be treated as an act of cheating. 
You can issue notice to the builder to resume and complete the construction, remove the illegal structure put up by him in the parking space which is ultra vires to the conditions of agreement, to open the locked door/gate, to honor the contract etc., If he is not responding or complying , he may be dragged to consumer forum and also a cheating and breach of trust case can be lodged with the police for his atrocious act and arrogant attitude. 
This is a misconduct and breach of contract on the part of the builder, he is legally liable for the consequences if you initiate legal action against his misdemeanor.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
just need to confirm how much time this process will take,  is it possible that the consumer forum will give them legal order to complete the construction as it was agreed that the builder will provide us the constructed plot within one year but the time has been exceeded now and they have not provided us the allotment. Please advise for any good lawyer in Delhi to solve the issue asap.

The time taken in the consumer court shall not be beyond two years if properly followed up and all other things are alright. 
The builder can be penalised for delay in construction too.  You may refer that clause.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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