• Not doing development and Stop paying rent by Re-developer

Subject: Not doing development and Stop paying rent by Re-developer to tenant of Pagdi System

Respected Sir /Madam,

We was tenant in pagdi system living in a chawl in Malad west Mumbai for last 40 years. Our chawl was taken for redevelopment by a builder in 2009.
In the early stages of our finalization of the redevelopment proposal in the year 2009, an area of 390 sq.ft carpet in the new redevelopment project against our existing area. At that time the developer / landlord / builder and we were to agree to their terms of 390 sq.ft. Carpet at that point of time. They had also promised to pay yearly (12 months) rent in advance for the alternate accommodation till the possession of the new ownership flat and yearly 10% increment in Rent, brokerage charges, shifting charges & Bank Guarantee. They had made an agreement regarding the same under Maharashtra Ownership Flat Act (MOFA) & registered it.
As per the agreement, they was to give us the possession within 30 months, which means June 2012 but till date, he had just demolished the building only and not even started the construction work of 1 % also even after the complete demolition of building.
But in all the above matters, he is not following his words. From last 2 years, he is giving us the Rent of 6 months only & that also with many follow ups & exercises.
Around 6 years later the builder suddenly saying that the tenants would be getting aprox 300 sq.ft. area and not 390 sq.ft. as decided earlier and also mentioned in the agreement.
This is completely unprofessional, unethical and illegal. We are a lower middle class people. The builder knows this very well. His main cunning intention was to pressurize the tenants and compel them to sell the flat to the builder at throw away rates so that he can sell it at a huge price and earn money. Owing to this pressure of the builder few of the tenants have sold their flats to the builder at throw away rates but builder not given agreed amount to tenant till date.
We would also like to inform you that he has blocked the rent from last 9 months since July, 2016 which is unacceptable and not legal. Legally every redevelopment builder is liable & bonded to pay the rent to the tenant till the possession date and it is also mentioned in the agreement. 
We would like to inform you that our financial condition is very weak and our monthly income is not even enough to fulfill our basic necessities. Even at this point of time, since the builder has stopped giving rent we are facing a very difficult situation for survival. We requested the builder to consider our financial condition and pay us the pending rent and give us peaceful possession of our owned flat. Builder give a rent cheque dated 25 January 2017 for the period of 6 months (July 2016 to December 2016). We deposited it same date but it was return/bounce due to insufficient fund for that our rent is pending from July 2016 to December 2017 (18 months). But he has not given a reply for it.
We had filed a case in Dindoshi Civil Court in February 2013 as he had stopped our Rent during that period also. We got the order of Honorable Judge dt. 26/3/2013 in writing (enclosed) to give us the full year rent timely, brokerage charges, shifting charges & bank guarantee, but he is not obeying the order. We are just getting the dates every 2 months, but the case is not proceeding due to slow civil court system as from yearly 6 dates, many times the court is adjourned due to time limit, before our turn comes & many times hardly single minute discussion & next date commitment & too many times judge is not available, court room is closed & likewise the time goes on.
But now, we and our senior citizens (3 had been passed in last 6 years) are fed up of this system as we don’t know our future, our area location, our identity proof & mainly to shift every 11 months with entire family here & there. You can understand that without your home identity, nothing is possible in Mumbai, Maharashtra (India).
Our senior citizens are suffering from high blood pressure and going through tremendous mental trauma and stress. We feel our self-owned flats, which is our only shelter for last so many decades has been fraudulently snatched from us.
Also we would like to inform that he said us to less 90 sq.ft. area which was monition (390 sq.ft. carpet)in agreement which was registered in November 2009 because the changes in DCR which was apply near about in 2011.
Shall we lose our ancestral residence or is there any way out?
We hope you understand the seriousness of the situation and guide us the way to get peaceful possession of our owned flat at the earliest.

Thanking you,
Yours Truly
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

2 Answers

1) the builder is bound to give you 390 square feet as specified in agreement

2) further he is is required to pay you rentals as specified in agreement

3) if inspite of court order builder has failed to pay you arrears of rent , brokerage charges , shifting charge take out contempt of court proceedings against the builder before HC

4) also request city civil court to expedite your case as you are senior citizens without any roof on your head

5) also file police complaint of cheating , criminal breach of trust against the builder under section 406 , 420 of IPC

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

The affected people can approach high court with a petition seeking direction for an expeditious trial of the case pending trial in the lower court.

The builder can be dragged to court for cheque bounce case too.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer