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Arun (Engineer)     22 May 2014

Real estate question

Hello Dear Lawyers,

 

I am facing a situation here... I am staying as a tenant in Eldeco Aamantran noida and these people are trying to force unusual rules for making up their earnings and I would like to know if there is any ground where I can legally challenge them. So here is the actual situation:

I am a tenant and have a legal rent agreement with the owner under which I am responsible for any damages and maintenence work along with utilization of facilities since I am paying the maintenence charge. However Eldeco is trying to act smart and say that you cannot use any of the facility like the club/gym/swimming pool/sports and to use these facilities I will have to take temporary yearly or half yearly membership however the owner has already taken lifetime membership against the flat.

So when its between me and the owner who is builder or maintenence to poke their nose between?

I think what they are doing is not legal and there can be a ground such as an authority letter from the owner which they cannot deny on legal grounds.

Please help!!!



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 May 2014

Since your owner is having membership of utilities. You take the membership permission from your owner. Builder/society  is having right to deny without permissions of utilisations.

Arun (Engineer)     22 May 2014

Thanks for your response but I have a question here... If i get an annexure attached to the rent agreement for permission to use the facilities can the builder/society still force me to take memberahip and deny me services? What are the legal actions I can take in that case and can you help me with the language of permission letter?

Biswanath Roy (Advocate)     23 May 2014

Is the life time membership of the owner is assignable/transferable according to the rules of ELDECO AAMANTRAN at NOIDA?  You first find out that.

Arun (Engineer)     23 May 2014

I haven't seen it documented yet that the membership is transferable however the owner has no issues utilizing the facilities and let me know if the same is written in the rent agreement will that have an effect?

T. Kalaiselvan, Advocate (Advocate)     23 May 2014

You must first go through the bye laws of the association in which the rights of tenants and other obligations would be clearly defined in it, in case you dont find anything restraining you from availing the benefits available for the life time member, you can take up the matter through your owner or you can take up the matter in the next GB meeting. What is your owner's opinion to the issue?  He can very well fight for your cause in case it is within the rules of the association.

Arun (Engineer)     23 May 2014

Thanks for your response Adv. T Kalaiselvan. I will check on this with the owner however the society say they have some documentation signed by allottees however i checked with few residents they say they haven't signed any such document

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