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Divyashri (Associate)     10 November 2009

Need advice on rental dispute with owner

There are 2 of us who pay a rent of Rs. 22,000 each for a service apartment in Panchsheel Park. The rental agreement very clearly states everything that is included in the rent. It is a fully serviced apartment set up.

However, after just 1 and a half months of staying, the owner backtracks on some commitments and says he will not provide the cook, he drinks and smokes in the house (it's a 3 BHK and we have rented out two rooms.)

We are quite disgusted by his attitude and have decided to move out. He has agreed to return the caution deposit etc. But can we file a case for harassment or breaking the agreement? He has no liability in this. We just want to make sure that this does not repeat with other people.

What can we do about this?

Any advice will be greatly appreciated.



Learning

 4 Replies

R.R. KRISHNAA (Legal Manager)     10 November 2009

I suggest you to issue a notice "without prejudice" seeking refund of caution deposit clearly stating that, "taking refund of caution deposit from him is without prejudice to your rights of suing him before the consumer court for deficiency in service or suing before the civil court for damages for causing mental agony and harassment".  Or else you can issue a receipt for the receipt of money (caution deposit) in which you can clearly word the above contents so that your rights for suing the owner will always be upheld by the court and cannot be questioned by the owner."

1 Like

R.R. KRISHNAA (Legal Manager)     10 November 2009

In addition to what I have stated above, legal proceedings against the owner will a lot depend on the terms and conditions of any lease agreement or service agreement entered between you and the owner.

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AEJAZ AHMED (Legal Consultant/Lawyer)     10 November 2009

Dear Diviyashri,

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Againt First Part of your query:  " Harassment ".

Where is 'Harassment' on th part of 'Landlord/Owner'...??

 

" backtracks on some commitments "  and  " not provide the cook " does not amount to 'Harassment' under Indian Penal Code.

 

Harassment define as:

Harassment : The act of systematic and/or continued unwanted and annoying actions of one party or a group, including threats and demands. The purposes may vary, including racial prejudice, personal malice, an attempt to force someone to quit a job or grant s*xual favors, apply illegal pressure to collect a bill, or merely gain sadistic pleasure from making someone fearful or anxious. Such activities may be the basis for a lawsuit if due to discrimination based on race or s*x, a violation on the statutory limitations on collection agencies, involve revenge by an ex-spouse, or be shown to be a form of blackmail.

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Against second part of your query :  " breaking the agreement ".

You are saying in your query as : 

" We are quite disgusted by his attitude and have decided to move out. "

When yourseelf you are " moving out " from the agreement, then how can you file a case against your Landlord/owner.  

But you can initiate legal proceedings against him under the Laws of Specific Performance ' for not providing the Cook  ' as agreed under Rental Agreement, by continuing the said Rental agreement.

Specific performance is a remedy that forces the breaching party to fulfill the Commitments.

1 Like

Divyashri (Associate)     10 November 2009

Thank you so much for your prompt replies. I really appreciate it. I included harrasment because the owner used the common living area to entertain his friends, drink and smoke atleast thrice a week. This caused us a lot of inconvenience. When we tried to discuss it with him, he brushed aside our concerns and there was no change in his behavior. I was not sure how to proceed.. Thanks so much for the inputs. It gives me a lot more clarity on my options. Regards, Divya

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