A flat in Greater Noida West was booked in 2012, with possession taken in June 2018. The registry was completed in June 2018, and all purchase-related dues were cleared by March 2018. Two companies are involved: Company A, the builder, and Company B, the maintenance company. Although both companies belong to the same business family, they are separate legal entities. The builder and maintenance agency are denying tenants access over unpaid club usage charges, despite no actual usage. Remarkably, these services are non-essential, and payments cannot be enforced when there has been no utilization. Ironically, they are also demanding backdated payments, even during the COVID-19 period when CrPC 144 and the Disaster Management Act were in effect. The UP Apartment and Maintenance Act and the Tripartite Deed guarantee a 90-year exclusive and non-expiring ownership lease. The Revised Consumer Protection Act of 2019 clearly defines and prohibits restrictive trade practices, unfair trade practices, and contracts, preventing the imposition of such charges without usage. After escalating complaints to the Chief Minister's Office, GNIDA has issued a notice under the Disaster Management Act. The full Payments details regarding maintenance are given here = https://docs.google.com/document/d/1NwKaHaq7V2vV0ihOfXUMCQmgiA6BTnOaMPFVZzT7AOE/edit?usp=sharing In July 2022, I submitted documents including an allotment letter, flat registry deed, power of attorney (as the flat is registered in my parents' name), and a maintenance agreement to the district magistrate. The magistrate acknowledged that all dues related to the flat purchase had been resolved and tenants could not be prevented from entering the apartments. The Magistrates Office even tried contacting the facility in charge of Company B to inquire about the harassment faced by middle-class individuals in subletting, but received no response. The magistrate forwarded the complaint to the commissionerate, but the FIR was downplayed, citing that the complaint did not come directly from the original owner of the flat but from his son, despite the fact that the owner's son has given full POA to the office of District Magistrate. To date, no tenant form has been provided. I've heard from other flat owners about various harassments during tenant admission, including a ₹1500 entry fee and pressure to submit rent agreements. Despite UP adopting the Model Tenancy Act, issues persist. The Rent Authority, led by a Deputy Collector, regulates rentals and protects landlords' and tenants' interests. Subletting matters are between the owner and tenant, with police handling verification. However, the maintenance agency has overstepped its role, causing issues.I wrote to the District Magistrate in January 2024, and it was forwarded to the ADM (Executive) for action, but I don't know the outcome. How can I ensure tenants are accommodated without harassment?
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file complaint against builder before consumer forum and seek orders to direct builder /maintenance agency to permit flat owners to give premises on rent , not to demand back dated dues during covid etc
2) seek litigation costs and compensation for mental torture undergone by you
It is a deficiency in service, hence the consumer forum is the appropriate legal forum therefore you may file a complaint with them for unfair trade practice and also for deficiency in service.
Dear Client,
So you can basically follow these steps:
Legal Action: Since both the builder and the maintenance agency are running unfair trade practices to reject entry for non- payment of club usage charges, you should think about lodging a complaint with the Consumer Forum. It can address unfair trade practices and harassment issues and can offer remedies, including monetary damages.
District Magistrate Follow-Up: As you reported your grievance to the District Magistrate, who has forwarded the same to the ADM (Executive), follow up your complaint with the Office of the ADM and insistently enquire about the action taken on their part. Provide them with copies of any related papers and materials, including the previous communication and decisions made.
Police Involvement: In case of further aggravation, then visit the local police station with a complaint along with Documentary evidence along the directives of the District Magistrtate’s office and the show cause notice issued under Disaster Management Act. Defend the FIR by having the proof for harassment and denial of access.
Model Tenancy Act: To ensure tenure security of tenants, avail the provisions of the Model Tenancy Act, implemented by UP. Home; Ontario Provincial Complaints; Provincial Complaints Ontario; File a complaint with the Rent Authority of the Deputy Collector citing the specific problem and demanding action to protect the rights of tenants without excessive harassment.
Public Grievance Portal: If necessary, appeal the matter through the Chief Minister, Office or through the Public Grievance Portal again. This could put pressure on the authorities to move press for the resolutions.
Since August 2018 they never give GST invoices, after I made a complaint to the Police and GST department where we were given backdated GST Invoices after a lapse of 5 FY, but they managed to evade penalties for supply w/o Invoices. This is a different story, However, Due to a vendetta, they filed a recovery suit for over Rs 100,000 in November 2023, with 70-80% of the amount being unused "Club Usage Charges." We were unaware of the case until May 15, 2024. Since the flat was closed, they sent a registered post to the flat, forged a signature, and submitted it to the Hon'ble court, falsely claiming we were aware of the case but not appearing in court. Now the Vakalatnaama is filed on 20/05/2024 and next hearing in Mid August 2024. So my question is the advice regarding whether we should move to the consumer forum, which I believe is “The National Consumer Disputes Redressal Commission (NCDRC),” Is it legally possible to pursue two cases concurrently in different courts? If the answer is yes, we can still move to the consumer forum for recovery of mental harassment and damages for not letting in tenants for more than 40 months now where a fully furnished flats rental cost is minimum 25,000 Per months then Please, advice on moving to Consumer Forum. Step 1— Is there any alternative fast track legal approach— where The magistrate should be legally bound to conduct an investigation and order the entry of tenants, especially since there is already cooperation from the magistrate's office. Step 2— As a second step, regarding the loss incurred over the past 40 months and continuing losses, we may consider filing a fresh case. This is crucial because existing cases often take time, and our flat could remain locked for many more months or even years. I don't want to influence your advice, but other owners are also suffering, and their advocate has advised filing a case under CrPC 200 for the magistrate to take action to accomplish step 1.
Even if orders are passed the case can’t be fast track
You can file case before consumer forum for not permitting tenants and necessary reliefs
2) litigation is long drawn process there are no short cuts
3) if you are senior citizen you can seek expedited hearing
If it is a deficiency in service and if you are able to prove the same then ou can very well move to the consumer forum.
But remember that he has already filed a suit for recovery of his dues, hence he may turn the plate against you stating that you are filling up the lacuna by approaching consumer forum which is nothing but an abuse of law. You may be vigilant about this point.
If you have concrete evidence to prove the criminal activities of the opponent then you can resort to filing a criminal complaint also
Dear Client,
Yes, it is legally possible to pursue two cases in two different courts at the same time. The suit filed against you in November 2023 for the recovery of the amount of money is a suit of financial claim, whereas the possible shift of forum to the Consumer Forum at the NCDRC level would be for relief for mental harassment and a money claim for the denial of the tenant's entry. These are two different problems that can be solved at once in separate courts.
Step 1: Acquiring redress through the consumer forum requires making your argument for mental harassment for tenant entry denial and the resulting harm. If you wish, based on the circumstances obtained and receiving cooperation from the magistrate’s office, you may contact the Consumer Forum to seek help and request a faster processing of this case since the magistrate is involved and there are continuous losses arising from the vacant property.
Step 2: It may also be appropriate to institute a new claim or apply for an injunction order under Section CrPC 200 to compel the magistrate to launch an investigation and make a tenant entry order expeditiously. By adopting this strategy, you will also avoid more regrets like the current one involving the loss of more money on the dilapidated building and hasten the process of getting justice for your claims.
It is best to seek advice from a lawyer who is knowledgeable about property and consumer laws so they can give advice that would reflect details regarding the case so that the appropriate legal measures to safeguard the rights of the consumers can be implemented during the said process.
In my view what the builder or maintenance company or whosoever is in charge, wants, is the maintenance charges for maintenance of the club house, regardless of the fact that the same is used by the flat purchasers or not
If above is the case then the flat buyers would be bound by their respective agreements/contracts with the builder, so far the club house is concerned
So take for example, there is a swimming pool. Not all use it. But still it is required to be maintained. So a flat buyer cannot be heard to say, that, look, I don't use the pool, so I won't pay for it. Another example would be the lift.
If the builder is preventing the flat owners from letting their flats on rent to tenants and denying access to tenants then that is certainly illegal. Once the flat is allotted on ownership basis or in your case on 90 years exclusive lease basis, then absent any Condition in the contract, between the builder and flat buyer, the builder cannot stop the flat owners' tenants from entering the premises
So the affected flat owners can certainly approach the consumer forum.
The ongoing case for recovery that is filed by the builder, would have no bearing on the above case that would be filed by the flat owners with the Consumer forum.
As regards the hierarchy of consumer forum, the case has to be filed with the District Commission.
A Magistrate court does not have the power to enforce payment of damages by the builder for the losses sustained by the flat owners due to the builder's denial of access to the tenants
- The builder or said maintenance agency cannot claim refund for the period of Corona period.
- Further, if the builder is not providing the facilities and services agreed at the time of agreement , then you can file a complaint before the Consumer Forum on the ground of deficiency of services.
- Further, the tenant can not denied from the facilities and services which is agreed with the owner of the flat.
1. Yes, you can file a complaint before the Judicial magistrate under section 203 of BNSS for conducting an enquiry in the case and to lodge an FIR
- The magistrate is bound to call a report within a period of 15 days.
2. Yes,
