• Rent not given by developer since last 8 months.

My flat is in MAHADA  building at kurla mumbai. our development agreement with Developer & society is in 2008. amended agreement is 2010.
developer is not paid the rent since last 8 months.
our new society election is done in sept 2016. New comitee is elected 10/10/16.
developer is not responding to tenants as well as new comitee.

what should we do??
Asked 5 months ago in Property Law from Greater Mumbai, Maharashtra
Religion: Muslim
File a case in consumer forum claiming the arrears rent, deficiency of service charge and compensation.
If there is a agreement the developer is bound to honour it failing of which makes him amenable to the necessary directions made by the consumer forum.
Devajyoti Barman
Advocate, Kolkata
6873 Answers
78 Consultations
4.9 on 5.0
1) society needs to issue legal notice to developer to pay over due  rent for last 8 months 

2) if builder refuses to pay file complaint against builder before consumer forum and seek recovery of arrears of rent with interest 
Ajay Sethi
Advocate, Mumbai
27221 Answers
1480 Consultations
5.0 on 5.0
Contact a local lawyer 


Issue legal notice to builder to pay arrears of rent 
Ajay Sethi
Advocate, Mumbai
27221 Answers
1480 Consultations
5.0 on 5.0
If the developer has stopped paying rent to everyone then all of them can combine together and file a recovery suit due to them or can file individual recovery suit against the developer.  
First issue legal demand notice and then initiate legal process as per law. 
T Kalaiselvan
Advocate, Vellore
17363 Answers
165 Consultations
5.0 on 5.0
building is constructed internal work going on will be ready by april 2017.
what should we do??

Until the building/flats are not handed possession to the occupants, they are entitled to the rent as per the agreement.
Hence it is your right to claim the same, 
Take the help of a local advocate to issue a legal demand notice. 
T Kalaiselvan
Advocate, Vellore
17363 Answers
165 Consultations
5.0 on 5.0
as a society what need to be done?

As a society also you can issue a legal demand notice to the developer and then organise yourselves  to drag him to the consumer forum for the deficiency of service and also for payment of arrears of rent.
T Kalaiselvan
Advocate, Vellore
17363 Answers
165 Consultations
5.0 on 5.0
it is not in your interest to terminate the contract as builder is carrying on construction and offering possession in April 2017 . 

your objective is to recover arrears of rent as per terms of your contract . hence complaint before consumer forum is best option 
Ajay Sethi
Advocate, Mumbai
27221 Answers
1480 Consultations
5.0 on 5.0
1. In the instant matter, you are the consumer and the builder is the service provider.

2. If the builder has not complied with their agreed terms, you can file a complaint case before your local District Consumer Dispute Redressal Forum alleging deficiancy in service and unfair business practice demanding payment of the rent with arrears within a fixed time frame and penalty for each days delay thereof with interest, damage and cost.

3. If all the tenants file the consumer case together, then it will be to your advantage financially.  
Krishna Kishore Ganguly
Advocate, Kolkata
13560 Answers
291 Consultations
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File the Consumer Case as remedial measure for his not paying the rent..
Krishna Kishore Ganguly
Advocate, Kolkata
13560 Answers
291 Consultations
5.0 on 5.0
The said consumer complaint case can also be filed by the society for and on behalf of its members.
Krishna Kishore Ganguly
Advocate, Kolkata
13560 Answers
291 Consultations
5.0 on 5.0

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