Possession in redevelopment

Q: We are members of Kala Niketan C H S ltd, at S V Road Bandra West. We entered into a redevelopment agreement with M/s SIROYA FM in 2008 and we have not received possession of our flats till date. The developer does not respond to our querries and has not paid us due rentals for the past three years. Three members have died during this interim period. What are the options available to us. You suggestions will be highly appreciated as service to humanity. We have been deprived to our basic right to shelter. We are being told to avoid taking the legal recourse as we may lose our flats permanently or till the decision is given.

Satish Shaw, Mumbai

23rd June 2015

Legal in Mumbai

possession in redevelopment

kala niketan c h s ltd

redevelopment agreement

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Replies (3)

Hi Satish, same case here @ Mulund by same builder.

Gautam Parab,

11th January 2016

Comment

I think you both should take the advice of a legal expert. Developer is just trying to scare you. If you development agreement then you don't need to worry. You should file a complain against them in consumer forum. Hope, you will get your possession soon.

Manisbapu, Mumbai

29th January 2016

Dear Sir,
Hi, My Name is Rahul Soni. I am an

employee of ICICI Bank. I am working

in a Home Loan Department.
So, If you are interested in home

loan please call me. We will going to

look after your home loan case right up

till the end.

Key Features :
* Attractive floating and fixed

interest
rates loans
* Higher Loan Eligibility
* Longer tenure and lower EMI
* Loan sanction possible before

selecting
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* Doorstep service
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Thank You

rahul soni, Mumbai

25th June 2015

Comment

Hi Satish,
Check the redevelopment agreement. Is there any clause for compensation on delay. If yes, then take the advice of a legal expert. They will give you the right decision.

Ashish Bhoite, Mumbai

24th June 2015

Comment

Right Ashish,
The default on the part of the builder would attract penalty under both Consumer Protection Act and the Maharashtra Ownership Flats Act, 1963. Often, the builders have an agreement clause that assures buyers a daily damage for the delayed possession. The buyers must ensure that his agreement for purchase of flat includes the clause compensation from the builder for delay in possession. If your agreement has such clause then go ahead and consult a good property lawyer.

Deepankar Godbole, Mumbai

24th June 2015

I am not a buyer. I am an old member that wants his house back fully developed as per the agreement.

Satish Shaw, Mumbai

25th June 2015