• Regarding service apartment in Ghaziabad

I have booked a service apartment called as Coral Brio in Vasundhara Ghaziabad for 30lacs in 2012. They were suppose to give me rent back 30 k every month which they gave only for 2 years ,last 3 years they are not paying a single penny to investors ,now they are running a hotel called as Royal tulip .Whenever I try to follow up with them they are saying they are bankrupt and they don't have money to pay to investors on whose money they have built up property.I wanted possession of my room so I can give to OYO , they are saying this is not possible as per agreement ,kindly suggest what to do
Asked 2 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
it is necessary to peruse agreement signed by you to advice 


2) issue legal notice to company to pay your rentals 

3) in alternative to deliver your service apartment if unable to pay rentals 

4) file suit to recover your arrears and to direct builder to deliver possession of service apartment 
Ajay Sethi
Advocate, Mumbai
37826 Answers
2120 Consultations

5.0 on 5.0

You will have to file a case for breach of contract. Specific opinion can only be given after perusing the terms of contract that you have with them.

You can also send them a legal notice.

Also to create pressure you can lodge an FIR against them for cheating.

Regards
Anilesh Tewari
Advocate, New Delhi
3864 Answers
47 Consultations

5.0 on 5.0

1. This is happebing in msot of the cases of this nature.
2. however do not worry as in such cases you can always file case beofre the consumer forum.
3. in the consumer forum you can claim the arrears of rent and damages and compensation as well.
4. you cans seek cancellation of agreement also.
5.Since they are defined in service and indulged in unfair trade practice you are likely to get desired reliefs for court.
Devajyoti Barman
Advocate, Kolkata
10421 Answers
125 Consultations

5.0 on 5.0

it is possible because this agreement is already repudiated by claiming bankrupt. according to section 39 of the indian contract act this agreement has breached by them because they became incapable to pay rent. you are entitled to get damages with interest and now you can let it now to any one.
Shivendra Pratap Singh
Advocate, Lucknow
4713 Answers
67 Consultations

4.9 on 5.0

Hii, you can file a recovery suit or you can file a complaint in the consumer forum to refund your money with interest .. Have they given you any PDC cheques ??
Hemant Chaudhary
Advocate, Gurgaon
1471 Answers
5 Consultations

4.9 on 5.0

-Financial hardship or bankruptcy cannot be a ground for not fulfilling the obligations, which they are otherwise bound by. 

-Send a legal notice seeking all your accumulated dues which are in arrears and the possession of the flat.

-You could contemplate at your end and also file FIR against this promoter for defrauding you and duping you of your hard earned money.

-Approach with the RERA or consumer Court to get a refund of your deposits, or the possession.
Vibhanshu Srivastava
Advocate, Bangalore
2259 Answers
8 Consultations

4.9 on 5.0

file insolvency case against them before NCLT at Delhi and when IRP was appointed then all the property of the company can be attached and you can get your claim.

or file a civil suit for recovery against them after issuing a notice.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
4452 Answers
198 Consultations

4.9 on 5.0

1. Has the sale deed been registered in your favour?

2. Serve a lawyer's notice to the builder to pay the arrears of rent and also deliver the possession.

3. If despite the notice from your lawyer they do not fall in line then sue them in the Consumer Forum for delivery of possession and to recover the arrears of rent.

Ashish Davessar
Advocate, Jaipur
21674 Answers
591 Consultations

5.0 on 5.0

You have to go through the clauses in the sale agreement which would authorise you to initiate proper legal action under such circumstances.
You can issue a legal demand notice claiming the arrears as well as the current rental payments.
Let them give a reply after which you can take appropriate legal action for recovery 
Consult a local advocate and proceed with his assistance on further issues.
T Kalaiselvan
Advocate, Vellore
27785 Answers
289 Consultations

5.0 on 5.0

Ask a Lawyer

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