Rent Dispute
Jaspreet Singh
(Querist) 11 July 2017
This query is : Resolved
I had rented a property. Some points of registered rent agreement were;
Business of wholesale medicine shall be done on the rented property. The property is taken on rent for a period of five years out of which lock up period is of 1 year . 6 months advance is paid immediately with 2 months security in cash. Registered date is 16/05/2017.
Although after Registration I didn't took over the possession of property not even it's key as there was some repair work was left on the part of landlord. Anyways it didn't effected me as I had to apply for a drug liscence from Drugs Control Department in karkardooma, Delhi & it takes around a month to procure a liscence. So, a registered agreement was needed first to apply. After nearly about a month department asked me to submit a copy of property papers. My landlord refused to give me a cancelled copy of property papers. And exactly after a month my application for drug liscence was rejected and a got a rejection letter from department stating 2 lines :
"The firm has requested for grant of licences on form 20B,21B in a premises which are located in a Slum and JJ Colony The said colony was earlier known as Raghubir Nagar & now known as Tagore Garden Extn. As per the department policy dated 02/07/2012 the department is not granting licences in Slum and JJ colonies in the premises where the conditions mentioned in the allotment documents are violated Therefore firm was asked to submit owner ship proof & allottement letter indicating the area of the premises to verify the same . Despite reminder, firm has failed to remove shortcomings . As such the firm does not satisfies rule 64 /65A of Drugs and Cosmetics Rules 1945 for grant of licence on form 20B &21B and their application is rejected."
I googled list of JJ colonies in Delhi and no where I found Tagore garden extension in it. I found that initially in 1662 it was called JJ colony and in 1965 it's name was changed. Properties in Tagore garden extension have allotment letter and perpetual lease apart from property papers. The subject of allotment letter stated : "Allotment of a plot under Jhuggi Jhompri Scheme"
Now, after this I asked my landlord to return me back my 6 months advance and 2 months security. He simply refused. I pleaded that I have not even taken the keys of the floor from you. He replied me that the registered rent agreement states there's a lock-in period of 1 year so remaining 6 months' rent also needed to be paid.
Now what's the way out I want my hard earned money back.
Regards.
P. Venu
(Expert) 11 July 2017
You are entitled to get back the money because there has never been any demise of property. As the first step, you may serve a legal notice,
Kumar Doab
(Expert) 11 July 2017
The said localities in New Delhi are far developed colonies.
It is strange that these are still Jhughi Jhopri on record.......
Mr. Venu has provided inputs.
Approach with case file a very able local senior counsel of unshakable repute and integrity specializing in such/civil matters.
Rajendra K Goyal
(Expert) 11 July 2017
The written documents / terms of agreement sounds against you.
Have you send registered notice from time to time for not completing the repairs in time?
Was the condition of providing copy of ownership letter included in the agreement.
However, may show all documents to local lawyer and discuss.
Dr J C Vashista
(Expert) 13 July 2017
There are number of JJ Colonies existing in Delhi as on date and your colony (Raghubir Nagar) is still one of them, status of a colony do not change with a changed name (Tagore Garnden extension), accordingly the department shall not issue licence to operate from the location as per their rules/policy.
Since you have not taken over possession of demised premises, accordingly, lock-in period is yet to start. The landlord is on the wrong side and has to refund the security deposit (which may be without interest).
Issue a legal notice followed by suit for recovery through a local prudent lawyer, I fully agree with the expert advise of Mr. P Venu.
Kumar Doab
(Expert) 13 July 2017
In previous post I have agreed with senior expert Shri P.Venu.
Subsequent to post of Dr.J.C.Vashistaji you may approach your own very able local senior counsel of unshakable repute and integrity specializing in such/civil matters for a considered opinion and further guidance, if all efforts to resolve amicably have failed.
Kumar Doab
(Expert) 13 July 2017
Take help of your local Chemist and Wholesale Druggist Assc on the issue to area being in Jhughi Jhopri..................
It is far more developed.
