• Unfair practices by OYO

I'm living in an OYO Life property in Gurgaon sector 57. When I was contacted by OYO's representative, I was told that i only have to pay my room rent, and room electricity rent. "Rent and Maintenance" was clearly stated as a predefined price at the time of my renting out the room. Now, a while ago, I got a message on the 30th (maybe 31st, I don't remember, I will have to check) that an additional electricity charge for the whole building's electricity will be added to my room rent from now on. Isn't this a breach of contract? Also, they are basically giving 1-2 day's notice for paying additional charges, whereas they require us to give them one month's notice if we want to leave the property. This is also unfair, as I feel that being a tenant i also have a right to look for another property if in case i do not agree with their increased charges. An interesting thing to note is that every month, the electricity bill amount of the building (common area, kitchen appliances, washing machine) comes out to be exactly the same amount. How is it possible that the exact amount of electricity is being used by the building? this shows that their is no transparency and this extra charge is only done as a way to mint more money from the residents under a seemingly innocent excuse.
Another thing is that they have simultaneously removed every other facility that was promised at the time of joining - they have shifted the responsibiliy of cleaning the dishes from themselves to the residents. I know it sounds like the residents are being lazy, but you have to understand that the kitchen is being shared by 32 beds in the building, and for 6 months it was being maintained by OYO. There is no way that residents can themselves use the kitchen if there is no OYO person to maintain the kitchen. 
The point here is that we were promised something else when we shifted here, and now they are slowly increasing the balance in their pockets by cleverly shifting the responsibilities one by one.
I want to know if i have a case against OYO.
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

if you have in writing that only room rent and room electricity rent is payable by you then Oyo cannot recover additional charges from you 

 

2) nor can they shift responsibility of cleaning dishes on residents 

 

3) contact a local lawyer and issue legal notice to Oyo to provide facilities as agreed in agreement 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

You can raise a complaint and file a consumer complaint at court for compensation. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Have you executed lease deed ? You can straightly deny, if they insist, stop paying rent. Tenant cannot be evicted withtou court order.

No need for any case, can deny straight.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Dear sir/Ma'am,

All depends on the terms and condition of the contract you have entered into. As per your query, it seems that they have committed a breach of the contract and the appropriate remedy for you will be to file a consumer complaint. But, it is recommended to send a legal notice first so that you can get the easy remedy and there will be no need to file a case. Apart from this, it is essential that the contract you have signed is to be vet accordingly to bring positive result for you. 

you can contact me for consultation and for sending a legal notice. 

 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

See this is deficiency in serivce , you may give a legal notice to OYO if they fail to address your issue and set aside illegal charges you may file a complaint before the consumer court seeking setting aside of the charges and compensation for there deficiency.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

you can demand supporting bills for electricity charges 

 

2)emails exchanged with Oyo are admissible in evidence 

 

3) no need to file complaint at present ask for supporting documents 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

1. Procure the Hard copy or Soft Copy of Terms & Conditions of OYO, for such type of rental transactions and THEN determine as to what is the actual charges that needs to be paid.

2. Depending on documentary evidences & witnesses, you have an option of filing a grievance petition before the local Consumer Court, for intimidation, harassment, negligence, deficiency etc.... and claim damages & compensation and refund of any excess charged alongwith interest. This can be done.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You are finding 490 rs high in gurgoan ? Rent will decide and increase as per terms of agreement or whatever you have in writing.  2 days short notice is irrelevant but at least no complainant made out agasint OYO. . 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. Yes you seek transparency and if wrongly charged you can seek refund of same also.

2. See just for time filing a complaint won't be wise step though if you have sufficient proof that amount has been wrongly levied it would be better to file complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

- The contract derives the relationship of both owner and tenant. However there are many organisations in travel fraternity which monitors such wrong practice.

- If contract language is in your favor then clearly you can file case in consumer court for mental harrassment.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

Whatever written agreement you have , you can file a suit for unfair trade practices and claim compensation.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

No doubt you may not be having anything in writing about the facilities extended by OYO in this regard to the tenants and that the withdrawal of the facilities may not be claimed legally. However since all these facilities were provided on an oral agreement you may gather all the affected parties together and file a consumer case to get your grievances redressed and also for the compensation for the deficiency in service against the OYO management.

If the situation is intolerable then you may issue a notice to the management pointing out all the deficiencies in their service and inform them that you are vacating the same without notice period as they breached the conditions of agreement.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

You are aggrieved by their attitude and behavior including the exorbitant charges levied against you.

Hence you may approach the consumer disputes redressal forum for getting your grievances redressed.

You may firs issue a legal notice to the management mentioning all the difficulties you are facing and seek its intervention to rectify the problems failing which you may plan legal action in furtherance.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

Yes you can demand the explanation but before which forum you will file complaint is the case here

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

issue a legal notice through an advocate and file complaint before district consumer court on defiency of services and seek compensation . 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You should file a case in consumer forum against oyo life for breach of contract and unfair trade practices.

You should claim compensation from them but for that you should have some written agreement with OYO to prove your case. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

you can file the case against oyo and you can expect the immediate response from oyo to settle the matter and if they do not then too you will certainly get relief from court. though it may take time as indian litigation is slow paced.

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

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