Nilesh Malavia
Mumbai
I got a redevelopment of the society in the Mumbai suburban (Dahisar east) in 2010.I made a agreement and had it notarized as the society was not the owner of the plot.
I got the conveyance in the name of the society, I paid the society Rs 51 lacs as corpus funds and from that they got the money paid to the original owner of the society and got the conveyance.
All the legal work was done by me.There were many problems as there was no death certificate of one of the owners.
I got the same by the court. Got the names of the heirs on the PR card and then transferred to the name of the society.
I got the agreement registered by the deed of confirmation paid stamp duty and also with interest and got registered with irrevocable power of attorney in my companies name and my name in November 2011.
The proposal was delayed due to BMC change in rules and since the plot was land locked and had open nalla and also the approach road was narrow.
So the file was returned from the commissioner’s office to amend the plans due to change in rules and some PIL in the supreme court.(around 80-90) files were held up due to regulations change).
Since the delay which I and my architect had kept them informed ,but there was unrest and in the Jan 2014 they send me notice for the delay as well as termination, I replied to them and also held meetings and one of the meeting was minuted where 4 committee members signed and also some members signed.
I agreed to their demands for the rent even they would not give me the members agreement and also if the delay was there due to BMC I will get the building repaired.
I gave them fresh plans of 9 floors but they never replied nor rejected.(earlier my proposal was of 19 floors which all the members had agreed and also allotment were given)
But suddenly the society send me another notice (I found out that they approached another builder and they were offered more area and also committee members were bribed even some members were given additional area ( member is a lawyer).
All the members gave fresh consent and also the society made another agreement registered in 21 Oct 14.
They are claiming to have the building as dilapidated and also they have shown as my corpus funds to give back from the developer.(I have not taken any amount or cheque in my account)
Can you guide what should I do? should I approach high court for specific performance ?or is there any other alternative to seek stay.
I have paid lacs of rs in this project since 4 years apart from corpus fund, stamp duty, fees, etc.
I C Naik
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