Vickee Malhotra
Asked March 18, 2017

Dues not paid

  • 1 Answer

Background : City Mumbai Nature : CHS No of members : 14 Society : Registered Building : Demolished since last 7 years Date of delivery / possession was : 2014 Redevelopment : Stuck due to the builder for the last 6 years Grievances if the members : Builder stopped providing rent and the construction is at halt since last 3 years. Nature of Compliant : Myself and the society ( Managing Comm ) known to each other , I offered them end to end solutions namely... ( scope of work involving - Period March 2016 to Sept 2016 personal skills / connections / intelligence / expertise and expenses ) Understanding the Development Agreement Understanding the limitations in the DA and IA Highlighting the rights of the members as per MOEFA and the duties of the Developer Drafting Letters / Initiating Correspondence with BMC / MHADA / CREDAI / LOCAL POLICE STATION / LOCAL CORPORATOR Highlighting the cause and sufferings of the members in Media ( press and electronic ) Meeting and shortlisting Lawyers for fighting on behalf of the society Drafting the plea / prayers and ensuring the best and in the benefit of the society Ensuring them proper guidance and transparency from time to time. Resultant: The Society received justice in the court of law and the dues for the last 1 year...which are regularized hence forth. The builder has been asked to make good of the time loss by expediting the BMC & MHADA issues. The Society which was dominated by Senior Citizens and were living at the mercy of the Builder are in a far better and peaceful shape today. Litigation : As the Managing Committee were known to me and they knew the capacity of the work involved from my side, I had proposed a fee for the involvement in the beginning They agreed to it but did not get into any agreement or documentation and nor did I expect them to breach. I finally raised the bill in the month of Sept and they acknowledge the receipt of it They put up the bill in the General Body meet ( agenda 6 th Dec 2016 ) and the meet was scheduled on 21 st Dec 2016 Due to the court hearing on 21 st of Dec 2016,the GM was pre-pone to 19 th Dec 2016 The meeting was attended by the Managing Committee and 8 members The bill was of Rs 1,75,000 ( Rs 25000 x 7 months ) + taxes and they negotiated it to Rs 1,47,000 ( Rs 10500 x 14 members ) The Secretary clearly passed the resolution for depositing Rs 10500 ( per member ) in my account within 7 days ( max by 27 th Dec 2017 ) or submitting a cheque to the Chairman within 7 days Till 10 th Jan no one paid...finally 2 members paid / offered a chq of Rs 10,500 each to me The Managing Committee has now gone back and with the help of a lawyer declared the GM as null and void and thus no dues payable to me as I had threatened them about taking legal actions.

Answer 1

Sir, the Indian Contract Act 1872 does recognise oral contracts to be valid. However, some contracts dealing with business transactions must always be registered.  Thus, you may have difficulty to prove the authentication of your contract to get your money back. However if you can provide any evidence or witness of you entering a contract with other parties then you can claim your money. You may also use this evidence to file a suit for performance of contract and sought relief under the Specific Relief Act. 

Agree Comment 0 Agrees over 4 years ago

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