I would like to know what recourse is to be taken if the redeveloper fails in his obligations towards certain members and the MC is not effective in helping the members in getting the rent due/possession of the flat in the new building.
My father-in-law is a 74 year old senior doctor citizen who has been at the receiving end of one such builder of a Hsg.Society Redevelopment project in Mumbai.The builder has stopped giving rent after a period of 24 months and also he has failed to complete the building and has not yet obtained OC. Almost four months have passed since he stopped giving rent. However he has given possession to some members from whom he has taken signatures on undated possession letters.He has also armtwisted them into signing unjustified indemnity bonds absolving the builder from any irregularities that may surface at a later date. My father-in-law is insisting for possession alongwith OC and rent and penalty as per agreement upto the date of possession with OC. However the builder is least interested in even listening to him and blatantly asks him to either submit to his unreasonable terms as others have done or he says he doesn't care a damn as to anybody can do.
Obviously the builder is taking advantage of the vulnerable position of a senior citizen, being fully aware of the lethargic pace of our legal system and the fact that some members have already bowed down to his terms.
I would be obliged if you could suggest the best possible course of action in such a case which could bring quick relief to the old man. Which court would be better to approach; the civil court,or criminal court or a consumer court to get the fastest possible relief keeping in mind the limited resources of the senior citizen in terms of finance, time and energy. Please guide me.
Thanks & Regards,
dodejarl Mob. (91-9820745152)