Help needed in my property dispute with builder
On 2004 , i had an agreement with a builder in building the g+3 structure on 50/50 percentage basis. the builder not only did not fulfil the terms of agreement but also sold some flats from my 50% share ,illegally and also occupying my possesion of the said property.i had filed a title suit on 2013 for revocation of power of attorney and their power of attorney has been revocated. yet they are still occupying my portion of the building. there are many portions they did not fulfill and they built just only the structure of the building rest is incomplete. its been 12 years since the agreement is made but still he is occupying my space. what steps can i take legally now ? the civil court has given injunction order for both the parties.and case is pending and pending. what are the next steps to be taken ? FIR also filed but court is taking too long to respond . even the boundary wall is incomplete which gives access to tresspassers.please help me regarding this dispute. can i apply to the consumer court for the damage of the said property ? if yes then what are the steps to file a consumer complaint. and what are the necessary steps regarding the dispute?
Asked 2 years ago in Civil Law from kolkata, West Bengal
1) it is necessary to peruse your agreement with builder
2) was there a clause in the contract that in event of breach of contract you could encash the bank guarantee of builder?
3) if builder has illegally sold your portion of flats you should have filed suit to direct builder to vacate portion of your share of flats and for damages for loss suffered by you
4) since the case is already sub judice you will have to wait for suit filed by you to be disposed of
5) it is necessary to peruse reliefs claimed by you in the suit
6) you must have also filed police complaint of cheating , criminal breach of trust against builder
7) you cna amend your plaint in civil suit and claim damages for loss suffered by you
8) no need to file separate complaint before consumer forum
You have to put your legs to shoo of agreement and fight based up on the recitals in the agreements .In your case civil suit is pending before the court, so approaching consumer court is not favorable one for damages. You have to file interim application for getting permission for making compound wall and further constructions if needed. What are 50% offered from your side in the agreement?
I am not sure why for the last 12 years you have not been ding much , may be, due to lack of proper legal advice.
The criminal case can be expedited through high court.
To get relief about your allotment in the proeprty filing case om consumer forum would have been most appropriate.
If you come with all relevant papers I may help you further in this issue.
Feel free to contact.
It appears that yo have filed an injunction suit.
You should have filed an ejection suit to eject the builder occupying the portion of property belonged/allotted to you .
There should have been a specific performance suit too or at least a prayer to that effect in the same suit on the basis of the agreement or seeking compensation as per the terms and conditions of the contract
A consumer grievance case could have been filed long back dragging him to consumer forum seeking relief and suitable compensation.
The injunction obtained by him need to be vacated and permission sought before court to complete the incomplete construction owing to the danger of exposure to many calamities including trespass.
The delay is inordinate, you should have followed it up with your advocate properly
More proper opinions can be rendered after knowing the details of the cases filed/pending
Since the POA has been revoked a suit for recovery of possession may be filed against him to recover the possession of the properties in his possession. If the injunction order passed by the court has been breached then contempt of court proceedings may be initiated against him.Consult a lawyer with a certified copy of the decree passed by the civil court in the title suit to chart out your further recourse.