- Lawyer Mr. Shaman Jain
- Skills Property Management, Litigation, Disputes
- CATEGORY Property Litigation, Property Management
ABOUT THIS PRACTICE
In the construction business, disputes among the parties involved are commonplace. Sometimes the dispute boils down to a simple claim under a warranty, other times allegations of fraud are made. Real-Estate is a growing market in India with a lot of commercial as well as residential projects coming up. This growth in the Real-estate has spurt investment inflow from all the sections of the society, including NRI.
Our builders and construction disputes practice group deals with NRI cases involving owners, builders and developers, contractors and subcontractors in relation to litigation arising from projects of residential or commercial nature. We study the terms of agreements and contracts made by builders and developers regarding construction, possession, CLU, ownership, quality aspects and return on investment. We understand the grievances of disputes with developers and the legal regimes which are applicable on builders and developers. Our lawyers have dealt with innumerable disputes relating to construction contracts including defective construction, disputes regarding finance and accounting, professional negligence, claims and damages against builders and contractors.
We assist our NRI clients in resolving disputes at the earliest stage possible because we understand that for our clients, it is important to have either possession of the disputed property or return of their money with interest. We are not retained by any builder or construction company because of the innumerable cases which we handle against them. Apart from litigation, we advise clients to consider alternate forms of disputes redressal mechanisms when both the parties are agreeable on that.
The cases in relation to builders and developers are filed in consumer court and it is not preferred to file such cases in civil court because of the arbitration clauses present in contracts. Normally, such cases are decided in a span of 6 to 8 months and consumer courts are always more inclined to decide in favor of the consumer and against the builders and developers. Because of the consumer bias of consumer courts throughout India and the understanding of consumer welfare statute by the courts, millions of consumers in India have won cases against builders and developers.
- The first step should be to check into the past records of the developer to make sure that the company is genuine. For this, the buyer must check all the compliance documents and registry details before finalising anything. It is also helpful to get to know about the previous projects undertaken by the developer to have a better insight into the company and their work.
- Once you are convinced of the genuineness of the developer, make sure that the contract includes all the necessary details and clauses. The contract must include the payment schedule, possession details apart from the details of the property purchased. Further, it must include the clause for compensation in case of non-compliance of the terms by the developer. As the delay in possession is one of the major problems faced by the buyers at the hand of real-estate developers, especially the NRI. Thus it is crucial to have this clause included to protect yourself against any monetary loss.