Necessary action in case of failure of lease agrrement
pranab majumdar
(Querist) 23 February 2016
This query is : Resolved
Respected sir,
there is a telecommunication equipment of reliance telecommunication in the basement of our building complex and a facility agreement done between company and residents association.The company has stopped payments of monthly rent and the agreement also overdue for renewal.Reapeated telephone calls regarding this to the concerned company individual is also of no use.Though our association is not registered till can we serve a legal notice to the company or not?
Pl.advice.
kavksatyanarayana
(Expert) 23 February 2016
issue a legal notice through your counsel to that company, by including all the residents as individuals mentioning in the notice that if not renewed the lease, you are ready to file a case in a court of law.
Dr J C Vashista
(Expert) 24 February 2016
1. Is it a Cooperative Society or RWA or any other association (unregistred)?
2. Unregistred society has no locus stadie and cannot sue or be sued.
3. Stop entry of the company personnel inside the society premises and access to their machinary/ equipment.
4. The members of society can issue notice for determination of lease, which is already expired and non-existance. File a suit for eviction on behalf of the society.
5. Contact, consult and engage a local prudent lawyer for proper analysis of the documents, facts and circumstances and proceeding in the case.
Rajendra K Goyal
(Expert) 24 February 2016
Originally with whom the agreement was entered?
Consult local lawyer, proceed as per his advice.
Meanwhile try to get the society registered.
pranab majumdar
(Querist) 05 March 2016
Respected sir,
Thanks to all of you for right advices.
Regards
pranab
