Background and Facts
To start with the Property Development Dispute, let’s first learn about the background of this case. The property in question is located in District Hooghly and measures approximately seven kottahs. The original owners of the property were A and G, both of whom are now deceased. The heirs of the deceased owners decided to develop the property for the construction of a multi-storey building and shops. To facilitate this, they handed the property over to a developer with a registered office in Hooghly.
The agreement between the heirs and the developer stipulated the following conditions:
- The developer was to construct a G+3 building with shops.
- The heirs were to receive two flats, each measuring 700 square feet.
- The heirs were also to receive a cash payment.
In exchange, the heirs agreed to execute all necessary deeds and documents for the flats and shops constructed on the property.
The Actual Property Development Dispute
The construction was completed, resulting in 12 flats and 27 shops. The heirs received two flats as per the agreement. Dr. M, one of the heirs, executed deeds for four shops located on the ground floor. Subsequently, the developer sought to construct a fourth floor comprising three additional flats.
However, issues arose regarding the sale and registration of the flats. Dr. M requested the developer to register the flats, but only the four shops had been registered. The developer ignored Dr. M’s requests. This led Dr. M to seek redressal from the Local Municipality.
Municipality Involvement
The Local Municipality organized a meeting involving the developer and Dr. M. During the meeting, the developer claimed financial difficulties and stated that he could not pay the agreed amount to the heirs. The flat owners offered to pay an additional amount of 3 lakhs to facilitate the registration, but the developer refused, citing the amount as insufficient.
Legal Action
Unable to resolve the matter through negotiations, Dr. M filed a consumer complaint against the developer. Seeking further legal assistance, Dr. M approached Kshetry and Associates. She provided a detailed account of the situation and the grievances she faced.
Legal Intervention by Kshetry and Associates
Kshetry and Associates took on Dr. M’s case, implementing appropriate legal strategies to ensure justice. They addressed the following legal issues:
- The failure of the developer to honor the terms of the agreement regarding the registration of the flats.
- The developer’s claim of financial incapacity and refusal to accept the additional payment offered by the flat owners.
- The developer’s non-compliance with contractual obligations results in the necessity for legal intervention.
Outcome
With the intervention of Kshetry and Associates, legal proceedings were initiated to enforce the agreement and secure Dr. M’s rights as a consumer and heir to the property. The case underscored the importance of adherence to contractual obligations and the role of legal mechanisms in resolving property and development disputes.
Conclusion
This case highlights the challenges faced by property owners and heirs in ensuring the fulfilment of development agreements. It also demonstrates the critical role of legal counsel in navigating complex disputes and achieving justice. Dr. M’s persistence and the effective legal strategy by Kshetry and Associates were key to addressing the grievances and working towards a resolution.
Also Read: Case Study: Land Acquisition And Compensation Dispute Of Ms. Paul