Builder refuse to pay rent
hithen
(Querist) 21 February 2014
This query is : Resolved
I was a tenant of cess building which is in process of redevelopment by builder,we have signed an agreement with him and it has been registered in 2008.
The builder is paying us rent for 12 month in advance,now the due date was March 2014, from last month he is avoiding us.
Kindly request for your expert advice.
ajay sethi
(Expert) 21 February 2014
issue notice to builder to pay rent as specified in agreement . if he fails to pay take legal proceedings against builder
Advocate M.Bhadra
(Expert) 21 February 2014
You can send a legal Notice to the builder calling him to comply as per Agreement,failing which you can file a suit for Specific Performance of Contract with an application for Injunction in local Civil Court.
hithen
(Querist) 21 February 2014
Dear Sir,
He is doing this purposely as he want to amalgamate neighboring plot with us and he is waiting for approval from BMC,exsiting iod is till 18th floor and he has sold flat till 23rd floor,
Rajendra K Goyal
(Expert) 21 February 2014
Send legal notice. If such is the case no alternate seems but to move court for specific performance of the contract.
hithen
(Querist) 21 February 2014
Dear Sir,
Developer is doing this delibertely so that we file a case and the case will take 2-3 years so he will get time for amalgamation of neighbouring plot and permission from BMC.
So that he wont pay rent till the case is cleared.
No one from us can affort to stay so long without rent.
He ready to pay 3 month rent saying he will give possession within 3 month, but this he is saying from last 18 months.
Our redevelopment processs started in 2008 from last 6 years we waiting for our owned houses.
Please advice if any other option if we get the possession as early as possible or can we change the developer as there is no provision in the aggrement.
Or if we get 11 month rent so atleast we stay in peace or next 11 month.
Please advice
ajay sethi
(Expert) 21 February 2014
check terms of your development agreement . contact a local lawyer
Raj Kumar Makkad
(Expert) 22 February 2014
Go through the terms and conditions as duly undertaken by concerned parties and take action accordingly.
