Legal Question in Consumer Law in India

Dear All,

I have a query regarding my under construction flat.

My Builder (X) and another builder (Y) is constructing group housing project in faridabad (Haryana). Both applied license as a group to DTCP and have a license to build under common name. Then they signed a MOU to separate the land of development.

Both started development of high rise at their respective agreed location. After sometime, Builder Y defaulted and not doing any construction.

Will there be any impact on project as license is common.

Can my builder get Completion certificate on the based of his MOU signed with the builder.

Thanks,

Gaurav


Asked on 2/03/13, 6:17 am

4 Answers from Attorneys
Setu Niket Curare Legal

Kindly get the licence(and other documents) examined by a lawyer to determine the effect of default and steps to be taken to protect your interest.

Kind Regards

Setu Niket

Advocate

Curare Legal

New Delhi

+91-9873109672

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Answered on 2/03/13, 6:32 am
Fca Prashant Chavan Expert Edge LLP

03.02.2013

Dear Sir / Madam,

Please ascertain whether your Agreement is with a particular builder or it is in the name of the group that has applied to the DTPC. It is in your interest to obtain a copy of the MOU between the two builders to understand the performance implications, whether with the separation of the land, the builders also separated and divided the construction area, and accordingly segregated the purchasers of flats / shops to know your present status. If you have taken a home loan, you should intimate this fact to your bank, and persuade the bank to obtain a copy of the MOU. In all probables, there maybe a clear vertical split of the land, the construction area and the purchasers between the two builders. You certainly have a problem if you are with Y in which case you may have to opt out of the deal.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/03/13, 7:30 am
Sanjay Kalra Sanjay Kalra & Associates

Let some lawyer examine all the relevant document pertaining the partnership between the builders and you to advice you........Please check Sanjay Kalra and Associates on the internet to know more about your query and the legal services we are rendering for our clients from all over the World.

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Answered on 2/03/13, 10:47 pm
Jayesh Desai Jayesh Desai

The answer depends on various factors, one needs to examine all the papers and only then an appropriate opinion can be formed.

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Answered on 2/05/13, 12:35 am


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