• Builder not giving rent

Builder not giving rent from 1.5 years .
mhada has given order and showcase notice still builder not giving rent to tenants please help 
We want our rent as per our delevopment agreement 
Builder is not giving fungible space as well
And in building cs 2951 we tenants have not get possesion as we have dispute over rent and fungible space and other saleable are staying without oc

Please suggest
Asked 4 years ago in Civil Law

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12 Answers

Send a Legal Notice to the builder calling him to forthwith start disbursing the rent to which you're entitled, to you, each month as and when the same falls due.

The builder has to act in accordance with the development Agreement very strictly.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Yes, you're free to file a separate case in the matter of non payment of rent to you.

There's nothing that holds you to do the above.

Contact a local Lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

you can file complaint against builder before consumer forum for recovery of rent as per development agreement

2) there must be clause in development regarding bank guarantee

3) you can en cash bank guarantee if builder has committed breach of contractual obligations

4) terminate the development agreement

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

if you have already filed suit amend the plaint and seek recovery of arrears of rent

2) in alternative terminate development agreement and encash his bank guarantee

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Respected sir ...

Yes you have to file a seprate suit for rent as well as entry in that yard court will impose penalty over him after considering your grivene .... No need to worry hire just a good lawyer who can represent your case in a good manner ...You will easily get court order in your case else you have option available too to file a police complaint of this ..

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

You can file a separate case

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

Dear Sir,

Your demand is genuine. The shortest and economical way is to appraoch the High Court to get instant relief. Civil Courts and Consumer Courts take years together to dispose of the case. I can draft a Writ Petition so that you can get your rent. You must impress upon the builder by issuing a Legal Notice. Yes there is no limit to file cases except where the High Court objects. Please try to send your brief to me for more advise on the issue.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Go to consumer forum and file a case against the issue

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

Hello,

Yes since the same is a different issue and has a different cause of action therefore a separate case may be filed for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

For rental amount, you may file a recovery suit in a civil court against the arrears and for future rent you can seek a mandatory injunction direction the builder to pay them regularly failing which necessary action to be initiated by due process of law for recovery.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Sir we already filed a suit case against builder but we have some other issues with builder for fungible space due to some reasons case is at hault

Can we file a seperate case regarding rent and those who are staying in building wihout oc

If the arrears of rent are yet to be paid, you may file a recovery of money suit agaisnt the builder and can initiate further legal process as per law for recovery after getting a favorable order.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Hi,

You may initiate other cases as well.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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