Sub-lease of a shop in appu ghar
Munish Kumar Garg
(Querist) 14 December 2014
This query is : Resolved
Hello members,
My client had entered into an agreement with one company and had taken one shop on Sub-lease (as the company was also under lease for 66 years which was agreed by HUDA, Haryana Urban Development Authority, and Sub-lease was also permissible and authority given to the company) for a period of 66 years and total amount was settled Rs.40, 00,000/-, out which my client has already paid 20 Lacs through Cheque and now the company is not even giving any allotment number of any shop nor offering any possession over the shop.
Now my grievance is that whether I have to file the Suit for Specific Performance of the Contract of I can move under the Consumer Protection Act.
Please tell me what the method I have to adopt, as I read but could not able to get the answer of my query.
Thanks
Munish Kumar Garg
Anirudh
(Expert) 14 December 2014
You have to file a suit for specific performance.
Dr J C Vashista
(Expert) 15 December 2014
Suit for specific performance would be on better footing in comparsion to Consumer complaint, although you have option (and can file both) for moving to both of them i.e., the Civil Court and State consumer Commission.
ajay sethi
(Expert) 15 December 2014
suit for specific performance has to be filed . consumer complaint may not be maintainable as agreement with HUDA for purchase of shop is for commercial purpose
Munish Kumar Garg
(Querist) 15 December 2014
Thanks alot members, but Ajay sir, i read the proviso appended with Section 3 of the Act, but as per my interpretation, I am excluded and my complaint can is maintainable.
Can you rectify my mistake if I am committing.
Thanks
Munish Kumar Garg
(Querist) 15 December 2014
Thanks alot all members.. Now i got the answer.
T. Kalaiselvan, Advocate
(Expert) 22 December 2014
I agree with the experts advise that a suit for specific performance of contract will be the better option under such situation instead of consumer forum. This being a breach of contract, you need specific relief, hence a civil suit on the same lines can be preferred.
