Our society in Dombivali West wants urgent legal advise on the said subject:

Summary & facts:

Our previous committee had registered a development agreement with a developer in 2004 and till 2006 the developer did not start work.

The new committee in 2006 reprimanded and threatened the developer through society notices that the society will cancel the registered agreement since the developer has failed to start the work. The developer responded to the notices and convinced the society and assured the scty with good monetary  benefits and kind and once again registered an addendum agreement to the previous agreement in 2008 but this time with proper timelines and assured benefits in writing.

Now even after 4 yrs he has failed to start the work and has failed to fulfill his commitments of assured benefits.

We the society want to know the detailed steps that need to be taken to cancel/terminate or de-register the registered agreement as per laws.

Can we unilaterally cancel the development agreement? Pls let us know we can refer to which book or site where we can get steps to deregister the development agreement.

Pls advise.

Please read the terms and conditions of your Development agreement. If it says about unilateral cancellation of the agreement, then you can do so by giving a public notice in the news paper. If it says that, one party cannot terminate then depending on the other clauses agreed like approaching a civil court or dispute resolution by arbitration, you may have to take such steps. It is either way a tedious process, best option is to mediate and settle the matter with the builder.

Vandanaji,

Thx for your reply. A few inputs on your said para:

In the T&C of the dev. agrmnt, there is no clause of unilateral cancellation of the agrmnt.

It is just mentioned that if the commitments are not fulfullid within agreed time, the scty shall take appropriate action and shall give 30 days to remedy the breach.

The developer is not ready to mediate.

Pls let us know how many days notice through the civil court or registrar that that the scty need to serve to the developer that the scty is going ahead with cancellation of agrmnt.

regards/paddy