Respected Sir/Madam, My self Jaywant B Gor, was tenant of building in Mumbai,Kandivali(W) [pagdi system landlordship]. On 21th May,2012 BMC has given notice u/s 354 to vacate premises and give the possession of your room to the 'Developers', for redevelopment. Developer itself has demolished the building without any agreement in August 2012. Only 11 post dated cheque for rent of Rs 3600/- each for the month of August 2012 to June 2013 was given. Thereafter no rented cheque was given to me. Till date building is not constructed. Being physically handicapped having disablity 85%,Developer has threaten me and curtail my room area from 180 sq.feet to 120 sq. feet carpet forcefully. And taken my sign on many blank papers in 2012. Now developers is forcing me to take Rs 12 lakhs and leave my legal right. Now give me advice what to do?
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Court directed the Corporation/MHADA to provide alternative premises to the occupants in case the buildings are owned by Corporation/MHADA fro redevelopment or the Developer. There must be some agreement executed with developer.
Approach court for relief.
Refuse the offer of developer
2) file complaint against builder before consumer forum and seek orders to direct builder to deliver 180 square feet offlat
3) seek litigation costs and compensation for mental torture undergone by you
4) if project is registered with RERA then you can file complaint against builder before RERA seek rentals , possession of flat
You file a writ petition in high court and raise the said issues before high court. Court will give you immediate relief in the same
issue a legal notice through an advocate and approach before district consumer court against builder.
Is the developer and landlord the same person?
Why didn't you file a suit against him when he stopped paying the rental cheques and forcefully reduced the carpet area of new flat?
You will have to file a civil suit and seek injunction against him
You can file a criminal complaint against the builder for breach of trust,cheating and criminal intimidation for leaving your share from the property by taking very low consideration.
Or you can complaint against builder in RERA for settlement of dispute with builder.
You have legal remedies to such illegal activities of the unscrupulous and rowdy type builders.
You first issue a legal demand notice seeking arrears of rent from the date it was discontinued.
Then you can warn him from threatening you and reducing the carpet area and for other intimidating activities.
You can file a civil suit for mandatory injunction against the builder seeking the said reliefs besides lodging a criminal complaint against him for his threats and other illegal activities against you.
