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??
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building is constructed internal work going on will be ready by april 2017. what should we do??
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.
as a society what need to be done?
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
Contact a local lawyer
Issue legal notice to builder to pay arrears of rent
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.
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.
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.
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
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.
File the Consumer Case as remedial measure for his not paying the rent..
The said consumer complaint case can also be filed by the society for and on behalf of its members.