Respected Sir /Madam, I was tenant in pagdi system living in a tenant building in Mumbai. Our building was taken for redevelopment by a builder in 2011. The builder has got into a Sales agreement with me and this has been registered at the Registrars office for the redevelopment project in 2013. We vacated our place in April 2014 and, the builder has as not given a single month of rent till date. The first year he gave us a cheque, which when deposited bounced, we have been requesting him for the last 2 year but to no avail. I have sent across a registered ad letter asking for the money, but there has been no response. I also paid the builder a cheque of INR 3 lacs for car park (Its my bad), he encashed the amount under another persons/ individuals name and not his company name. I also want to recover that money from the builder too, I have the name of the person and bank in which this amount was deposited. Kindly assist with your guidance and let me know, if i need to take this case to the Consumer court of in the criminal court (High Court). Also would there have to be 2 cases one for the Rent and the other for the payment made, also how can I recover the money for INR 3 lacs which he encashed in another persons name. Thanks Shelton
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1) file complaint against builder before consumer forum to recover arrears of rentals
2) you can also recover amount taken by builder towards car parking .
3) it is better if all tenants get together to pressurise builder to pay rentals
4) if any bank guarantee has been given by the builder association can encash bank guarantee and terminate the contract with builder
Dear Mr Sethi. Thanks for your vauleable feedback. With regards to the non payment of rent, I'm the only tenant that he has not paid. The other tenants who have moved out have received their dues. Can I file a case in the consumer forum and in court? The amount taken by the builder for car park as mentioned is deposited in an individual name, can you please suggest on the way to get back that money. Also we don't have any bank guarantee clause in the agreement. Kindly share your feedback and the way forward. Regards Shelton
1) it is necessary to peruse your agreement signed with builder
2) there must be a clause that builder shall pay rent of Rs ______ amount per month and in the event of failure to pay rent the remedy open to tenant .
3) issue legal notice to pay builder to pay your rent and refund money collected towards car park .
4) if he fails to pay file complaint before consumer forum against builder and third party who collected money for car parking
Kindly assist with your guidance and let me know, if i need to take this case to the Consumer court of in the criminal court (High Court). Also would there have to be 2 cases one for the Rent and the other for the payment made, also how can I recover the money for INR 3 lacs which he encashed in another persons name.
When you were required to do everything legally and had been doing accordingly what prompted you to make a payment of somebody else's name other than the builder?
The builder may tell thousand reason, could you not use your prudence to find out the underlying hidden intention of the builder especially when he had been dodging the payment of rentals to you as per agreement.
Well, even now you can file a recovery suit for the arrears of rental payment till this date and file a consumer case against the builder for his deficiency in service.
About the the payment made to the other person. you can issue a legal notice to him demanding the amount paid to him immediately or else you can initiate both criminal and civil action against him.
You can consult a local lawyer on further advises by producing before him/her there details and proceed with the suggestions made.
With regards to the non payment of rent, I'm the only tenant that he has not paid. The other tenants who have moved out have received their dues. Can I file a case in the consumer forum and in court?
You can file a recovery suit in the civil court based on the agreement entered between you both.
The amount taken by the builder for car park as mentioned is deposited in an individual name, can you please suggest on the way to get back that money.
You can issue a legal demand notice to that person who encashed your cheque with a copy endorsed to the builder, after which you can file a recovery suit against that individual
If he gave a cheque which bounced then a criminal complaint for cheque bounce ought to have been filed but this remedy has lapsed now due to delay. The only remedy is to file a civil suit against the builder for specific performance of the contract. You can also recover the arrears of rent from the builder through the civil court. Issue a legal notice to the builder to set the process of law in motion.
you should file a case before consumer forum.
forum can give appropriate order and it is swift as well as less expensive. you can revoke the agreement of parking space. but first you should send a legal notice to the builder before filing of case. contact a good lawyer for giving legal notice.
