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Ansuha   23 May 2020

Non provision of club/facilities by owner/rwa

Dear Sir/Madam,

We took a flat in a posh society as of 11th of March 2020. Rental figure was almost double standard rent in the area just becuase this society had more 'facilities/club' etc. But the society facilities were still under construction at that time. The owner/agent told us that all facitlies will be completed and available within a few days from that and that every facility will be accessible after mid March 2020. The rent was supposed to include facilities at the soceity

In mid march the society had an 'inauguration ceremony' for the club and facilites too. But at that point some of the facilities were still under construciton and none of the facilities were available. On same day of inauguration the society sent circular saying all facilies are shut and not available due to Covid 19.

Thereafter the 1st lock down started too. Then in subsquent lockdowns, the government eased the lockdown rules but still the RWS kept their own rules which were stricter and kept all facilities tightly shut and unaccessible.

Even simple maintenance services were not available in the society through out.

Now the point is, nearly three months have passed since the start of rental period, but NONE of the promised facilities have been available or used by tenant. However, the owner is insisting to get the full agreed rent without offering any discount due to non availability of facilites. Owner washing his hands off saying government and RWA orders are not his concern.

Also i am waiting for repatriation flight to leave india. So shifting out now to another flat is not an option.

As a tenant, what are my rights regarding the 3 months that have passed? I am holding the rent payments right now till this dispute is resolved.

Thank you

 

 

 



Learning

 4 Replies

Ritesh Tomar   24 May 2020

You must give a detailed written notice to the owner as regard to lapses in the facilities promosed to you. Rest would depend upon the content of your rent agreement if you can provide some info on that. More more queries contact at briteshtomar@gmail.com. As a tenant your rights are adequately protected against illegal eviction.

P. Venu (Advocate)     24 May 2020

No one, the builder or RWA can compel you to pay for the facilities which is only in promise, but not provided.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     24 May 2020

1.  IF you are not getting facilities which was promised to you THEN:
a) stop paying rent
b) do not vacate or give possession back to landlord (landlord cannot do anything about it)

2. Let the Landlord file eviction proceedings, which will take years. Arrogant Landlord will come down to his sane senses & for amicable negotiations with you.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Ansuha   24 May 2020

Thank you everyone for your quick advice. Agreement says "electricity bill will be paid by tenant to the society management and club membership plus maintenance fees will be paid by owner to the society management' The agreement does not give details of facilities though. Also, we discovered recently that in actual reality owner is not paying any club membership fees nor maintenance fee whatsoever during the 11 months of our tenancy because the society is 'still under construction'. Moreover society gave a handsome rebate of 10lakh rupees to owner against his final installment on the flat purchase price on the condition that 'he somehow made the flat occupied' before the facilities were complete. Society wanted to boost their apartment sales by showing to the world that 'society is already occupied' when in actual reality it is still very much under construction with 90% of individual apartments not complete. Right now, some common facilities which are complete are sealed on the basis of 'covid 19'. RWA restrictions are over and above government restrictions. (Eg. Not allowing table tennis when government specifically said sports actvities can start) Now owner trying to say that rent is only for the just house. 'Just house only' in area (i.e. builder floor of equal construction quality) is half of the rent. We want to be fair and amicable. Intention is to live and let live in fairness. Your further opinion will be appreciated and most welcome.

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