I need solution?
RAJESH KUMAR PANDEY
(Querist) 05 May 2014
This query is : Resolved
Dear Sir, I rented one shop to open Ice Cream Parlor. My landlady is a widow of 55 yrs old and lives alone. She made a market complex outside her residence.She initially was soft and co-operative. We made an agreement of tenancy for one year and she assured me to help.
There was no electricity connection when I was handed the shop, Since electricity NODUE of last tenant delayed by the department.
On the trust I have invested a huge sum on its infrastructure.
Just After investment my landlady is denying to allow electricity connection to my shop and not agreeing on any request. Since then as I am suffering heavy loss,My Invested amount is taken as loan from Bank at high rate of interest.
Aggravated by aforesaid region I have filed writ petition to Hon'able HC and HC had sent an order to the SDO electricity board to decide his representation and SDO agreed on electrification but the landlady has created such a nuisense that police had put stay on this.
Now this is the last month of our tenancy and yet I have not started my Business in her premises. Now I did not want to stay in her aforesaid premises, thus can I send one notice to her to Terminate my Tenancy and return my advance amount(which was paid during agreement) along with the total rent I had paid till now.
Devajyoti Barman
(Expert) 06 May 2014
yes, send her notice asking for return of security deposit.
RAJESH KUMAR PANDEY
(Querist) 06 May 2014
Dear Sir, Since I have not initiated my business due to no electriccity can I ask for return of my rent paid?
Devajyoti Barman
(Expert) 06 May 2014
You can but if she refuses to pay back then you are unlikely to get any relief.
However there is no harm placing such demand to her.
Rajendra K Goyal
(Expert) 06 May 2014
You can ask rent with damages.
As advised in your previous query on the same subject and facts, file contempt petition.
Nadeem Qureshi
(Expert) 06 May 2014
First of all you should sent a legal notice to her and claim your security deposit and damages cause due to her behavior and nuisances.
Feel free to call
Biswanath Roy
(Expert) 06 May 2014
You serve a notice to the LANDLADY not to continue your tenancy any more. If the tenancy agreement provides that she has to give her consent to the tenant for getting electricity then for violation of such terms you will be entitle for damages and compensation. Besides, if it appears that she has willfully and with contumacious disregard violated and/or created obstacle otherwise to the order of High Court for getting electric connection in your tenancy she can be charged for the offense of contempt.
T. Kalaiselvan, Advocate
(Expert) 08 May 2014
Well advised by learned senior Mr. Biswanath Roy Sir. If the tenancy agreement conditions have been violated you can seek damages from her through consumer forum as well as through civil court too.
RAJESH KUMAR PANDEY
(Querist) 08 May 2014
Dear Sir,
Here my Adv has suggested me to pay rent of feb, march, april & May immediately through money order to the landlady (since she has not given me rent receipt from feb-2014).
Then he want to go for the suit for injunction, thereafter he suggested me the opposite party will go for the eviction suit and after that he will seek for damage.
Please help me as I am beginner in tackling law issues.
Regards
Biswanath Roy
(Expert) 08 May 2014
In your query you expressed your desire not to continue your tenancy, now your are saying that your Advocate advised you to continue your tenancy and to pay subsequent rents. Do you want to puzzle experts? Tenancy agreement is the back bone of your tenancy right so unless it is fully disclosed before us proper and appropriate advice is not possible.
RAJESH KUMAR PANDEY
(Querist) 08 May 2014
Sorry Sir,
At present I am highly worried, As the landlady is highly ferocious and owing to that my family members are in fear of any police action, in that regard I have asked that since my tenancy at the aforesaid premises is only till 04/06/14, now what would be the right step?
Also I have invested very high amount (loan from Bank) on that shop so it will be a big financial blow to me in case of quitting. Thus my lawyer has suggested me the solution just to protect my investment and continue my business.
So I need solution for my right.
Biswanath Roy
(Expert) 08 May 2014
Have you any receipt signed by your landlady to prove your heavy financial investment in that property?
Have you monthly rent receipts signed by the land lady?
What are the terms of your tenancy agreement and what have been written in the tenancy termination clause and how your alleged investment in the property shall be returned?
RAJESH KUMAR PANDEY
(Querist) 08 May 2014
Sir,
1.I have signed (by landlady) monthly rent receipt till Jan-14, later she has not given.
2.Rent agreement is of 05.06.2013 to 04.06.2014.
X Rent paid every month
Y amount of advance payment received by the landlady before signing agreement and that will be returned after termination of tenancy.
That the electricity expanses are born by the tenant.
That the agreement is for one year and after the completion of this period tenancy will be extended on the agreement of both the party.
That If the tenant extends his tenancy than he has to increase z amount in rent for every month.
That both will follow these points and we will not have any breach of trust.
But there is nothing about the type of business and amount of investment mentioned in the agreement.
Regards
Biswanath Roy
(Expert) 09 May 2014
You have not replied to my requisitions how can I guide you legally? I am sorry to say that you avoided to reply my questions, why?
RAJESH KUMAR PANDEY
(Querist) 09 May 2014
Sir, I do not have any receipt in which any investment related point is written and signed by landlady.
Sankaranarayanan
(Expert) 09 May 2014
you should believe your advocate first, without proper details and documents you are very difficult to get back your investment amount. Better to talk her amicably and solve the problem
