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Mohit Gupta (HR)     22 July 2009

Tenant Right

hi

i am looking for few information here if someone can help me.

i got shifted from Mohali (Punjab) to Ludhiana (Punjab), here i took the rented accommodation with the help of consultant.

It was a duplex Kothi which has open space in between first floor and ground floor, so at the time of taking the house, consultant and landlord promised to close the open space and built the drawing n dinning area for us with in 15-20 days time.

they asked me to sign the agreement where they have not mentioned the same it was general draft.

Rent has been decided on following terms, i will pay Rs 5500 till the time they complete the work and after that Rs 6200. again its not written on agreement.

its been four months now, they have just completed flooring which they should have done 3 months before and we lived in dust and now they are denying that we can not make drawing and dinning area, nor they have placed hook for fan, rallying and door. more over their servants are using that floor to go  to second floor, since there is no other way, when i asked why they are using my floor to go to second floor, he said my mother has already told you about that, matter of fact , his mother never said such thing, why would i allow when i am paying rent. so my privacy is gone, now he is saying its your choice if you want to vacate you can..so i said yes.

i have been delaying his rent so that he complete his work. now he is accusing me for delaying the rent.

when i told to consultant about it, he is favoring landlord saying you don't pay rent on time and he has completed his flooring work, fan hook,rallying, door, are small things, about privacy you can see, if you want to vacate you can.

landlord is asking for full monthly rent of rs 6200 saying i have completed flooring for which i promised.

now you help me.. what i should do?



Learning

 3 Replies

Kiran Kumar (Lawyer)     22 July 2009

reference can be made to S. 12 of the East Punjab Urban Rent Restriction Act, 1949.

 

there are some technical issues involved in this matter.

 

will u mind if i arrange some good lawyer for u in Ludhiana itself.

 

Regards,

Kiran

09814303538

Mohit Gupta (HR)     22 July 2009

well am just looking for information as of now, if required i may seek your help.

i also like to know even if someone do the agreement, as per law landlord has to get registered that and copy of that should be give to tenant .

is it correct, if yes, then agreement done by me is not valid.

 

 

Banshraj R. Singh (Practing Lawyer)     22 July 2009

Hi, first of all you go through the Rent act applicable in your state.  2ndly in Maharashtra it is a duty of the landlord to get it registered and not the tenant.

As for as your agreement is concern it appears that it is not ragistered and therefore i am suggesting you to go through the concern act or consult any advocate who is practing in rent matters.

Now about your carry as per the contract act if the landlord has not complied with the condition of the agreement you can file a suit in the court of law.

As you have stated that rent will be Rs.______ and after the completion of the work the rent will be Rs.___________.  and you are saying it is not written in the agreement.

If the landlord did not comply with the condition of the agreement in that case you are not suppossed to pay more then Rs.5500. and if the condition is not mentioned in the agreeemnt then you pay as per your agreeemtn only.

You can not stopped paying the rent to the landlord it will go against you if you filing suit.

 

Note: if there is no caluse as stated by you that before the completion of the work you will pay only rs.5500 and after the completion of the work you will pay rs.6600. then you pay only rs.5500 the rent agreed in the written agreemnt and not what is orally decieded between you and your landlord

 


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