Srikanthi
30 June 2013 at 14:40
Hi
We have been living in a rented house since January 2011. Then, the rent was 6000/- per month which has been increased to 6600/- in last February. We had given an advance of 12000/- (2 months). We were promised 24 hr water supply which is not taken care of any more. Since we expressed our displeasure, we are being treated in an unpleasant manner. They have very unreasonable arguments and went to the extent of saying that my mother should have cleaned the ground floor on days when the maid did not turn up. This is out of question as we already pay a maintenance charge of 300/- per month. Also, now we are being asked to vacate in a month's time. Is it not against the rules since we had paid two months of advance.
please advise
Srikanthi
debi prasad mohanty
30 June 2013 at 13:15
Cat order in 2001
HC -dismiss departmentalt appeal against cat order in the year 2003.
SC -dismiss departmental appeal against HC and Cat order and order to implement CAT judgement passed in 2001 in the year 2010 december.SC not interfere against HC and cat order.
Allthough i got the service in 2011 by virtu of that order retrospective application cat of order was not yet made .resulting loss of pensionary benefit and arrear dues etc.
Question -I want to know in this case retrospective implimentation of order was justified or not.
kishore
30 June 2013 at 12:56
sir...iam working in hyderabad....iam unmarried ...iam marrying this month after 8th july 2013....owner is asking me rental agreement to handover flat...i said him iam unmarried by july end i will be getting love marriage (by register marriage).....becaz owner saying in that society only familyies should be tenants not unmarried guys....but he sended me rentl agreement format with different points.....can any senior advocates ....suggest me which pointas are good....next which points are not good in rental agreement....
RENTAL AGREEMENT
This Rental Agreement is made and executed on this the 2ndth day of July , 2013 at Hyderabad, A.P. by and between :
Mr. KAPIL MEHROTRA aged about 38 years, Owner of Plot.No.566-569, Flat.No.303, Shasank Rose Mount Apartment, Kavya Avenue Layout, Bachupally, Hyderabad, Ranga Reddy District-500090, Andhra Pradesh..
(Hereinafter called the House “OWNER” which term shall mean and include all his/her heirs, representatives, successors, administrators, etc., of the First Party)
AND
Mr.B.Kishore , S/o. Mr. B. Pampaiah , aged about 31 years, R/o House no 46-107 A, 46-266, Nundy 46-365 , Budhwarpet 46-263, Kurnool ,Andhra Pradesh.
& Plot no 22 House no 50 /760 A – 23 Gayathri enclave , Devanagar , Kurnool, A.P
……
. (Hereinafter called the “TENANT” which term shall mean and include all his/her heirs, , successors, etc., of the Second Party)
Contd…2
Whereas the Owner let out the house premises Plot.No.566-569, Flat.No.303, Shashank Rose Mount Apartment, Kavya Avenue Layout, Bachupally, Hyderabad, Ranga Reddy District-500090, Andhra Pradesh.to the tenant for Residential purpose on a monthly rent of Rs. 15,000.00 (Rupees Fifteen Thousand Only).
Subject to the Terms and Conditions laid down hereunder :
1. As discussed over the phone the tenant shall pay an advance equivalent to 11 months’ rent amounting to rupees 165000.00 (one lakh sixty five thousand Rupees Only) to the OWNER by 4th of July 2013.
2. The tenant will reside there as a family and will not create any disturbance to the neighbors’ and society.
3. The Marital status of tenant should not remain as bachelor after 31st July 2013 or else the tenant will have to vacate the premises by 10th of August 2013 without claiming any refund of the advance rent paid to the owner.
4. The term of rental agreement is for a period of 11 months with effect from 7st July, 2013 to 6th June, 2014 with an option for renewal of the same by mutual consent with an increase in rent by 10%.
5. That the tenant has deposited an interest free amount of Rs.45,000-00 (Rupees Forty five Thousand Only) as Security Deposit and interest free amount of Rs.165,000/-( one lakh sixty five thousand Rupees Only) as eleven month’s advance rent to the Owner by way of cash / Cheque/ online bank transfer . The security deposit is refundable at the time of expiry of the above said period of Tenancy and deducting of adjustments if any.
6. The Tenant shall bear the electricity charges, water charges, apartment maintenance charges, minor repairs and other charges if any.
7. The Tenant shall keep the premises in neat and tidy condition.
8. The Tenant shall not make material alterations in the Flat during the term of lease without the written consent of the OWNER.
9. The Tenant shall not sub-let the leased premises.
10. The OWNER or his agents can inspect the premises during reasonable times for which the Tenant shall not have any objection.
11. Advance rent will not be refundable if the tenant decided to leave the flat and terminate the lease agreement before 6th June 2014 i.e. completion of eleven months.
12. The tenant will have to vacate the flat with one months notice if found causing damage intentionally / deliberately to the property or the furniture’s and fixtures listed in point 16 without refund of any deposit or advance rent.
13. The tenant will have to vacate the flat immediately if found indulging in any criminal offence or summoned by the court/ police for any criminal activity.
14. This rental agreement may be renewed and the rent will be increased by 10% by mutual consent of both the parties.
15. The tenant will use all the electronic equipment and furniture as mentioned in point 16 and provided to him carefully and will get them serviced timely at his own expense.
16. Furniture, Fittings & Fixtures: The tenant to use and after expiry of the lease to hand over the amenities mentioned below, which are handed to the tenant in good AND WORKING condition.
• Ceiling Fans– 5
• Tube Lights – 3
• CFL - 4
• Exhaust fans- 3
• AC Samsung 1.5 tonne with remote- 1
• AC Voltas 1.5 tonne with remote-1
• Water Taps – 5
• Sofa set - (1big +2 small)
• Sofa set in another room ( set of 2)
• 2 Centre table with glass top
• 6 seater dining table with glass top.
• Inverter with 1 battery and trolley
• Wooden wardrobes with mirrors
• Dressing table with Mirror-1
• Large double bed cot with box storage space and Mattress with 2 Side drawer
• 2 Large single bed with 2 mattress and Side drawer
• Shower Panel-1
• Electric Geyser-1
• Glass wash basin – 2
• Regular wash basin 1
• Modular kitchen cabinets
• Washing machine Samsung
• INDANE government Gas cylinder 2 with regulator and gas pipe
• Cooking stove 1
• Dish TV set top box with parabola, cable and remote 1
• Motorized Tread mill
• Refrigerator 165 liters L.G
• Microwave
• LCD TV Samsung
17. The above accessories will be handed over to the owner by the tenant after the expiry of the lease, if any damages occur due to negligence of the tenant; the same shall be deducted from the security deposit.
IN WITNESS WHEREOF, both the parties have subscribed their signatures to this Indenture on the day, month and year mentioned above.
WITNESSES:
OWNER
1.
2. TENANT
Suhail SHahbazker
30 June 2013 at 11:01
IN my case in the Co-Op Court, the Hon'ble Judge has mentioned ex party order and reply against one of the Opponents and two years passed, the Opponent didnot replied tothe said EXHIBIT in ROZNAMA.
When I raised the issue with the Court, the Hon'ble Judge has kept the matter for hearing on next date. Please note that already two years passed the Opponent did not raised the issue. I heard that such type of Ex Party order reply needs to be taken up wihin one month.
Please advise my response to the Court. One more development, the said Opponent has resigned from MC, and asked for to be out from the Dispute. Pl advise even if he is not MC member will he continue to be Opponent or he is releived
Thyagarajan
30 June 2013 at 10:56
Proceeding before State information commission by RTI Act provision is considered as that equivalent to that of a civil court.
Proceeding before Consumer dispute redressal forums are also considered the same way by provision in CP Act.
In what way the consumer forums treat the orders of State information commission? Will it treat as a valid citation before the forum by either a defendant or petitioner in a case before the forum?
kumar
30 June 2013 at 09:57
Hi all,
we are drafting a partition deed.I am having the following issue in drafting.
This partition has been _________ by mutual consent, with no power to any party to challenge it on any ground whatsoever.
In the above blank place what should be used affected or effected????
Please help me....
Thank you....
Adv M.D.Azhar
30 June 2013 at 00:06
sir in one case plaintiff filed a suit against 12 defendant for the decleration along with temperory injunction by seeking relief that defendant willnot construct the house in the suit land. after receiving the notice defendant filed a suit in which 2 defendants were already died before 2 to 3 years yet they were joined as the defendants therefore the adv of defendants at the time of filling the w.s. file a purshish that defendant no so and so are death. thenafter very next date plaintiff withdarwn a suit by passing the pursis that due to technical fault we want to withdraw the said suit. than after immediately on the same ground and for the same property he has filed another suit so my query is that can he file the suit regarding the same property which is already withdrawn.?
Adv M.D.Azhar
29 June 2013 at 23:56
sir in one case plaintiff filed a suit against 12 defendant for the decleration along with temperory injunction by seeking relief that defendant willnot construct the house in the suit land. after receiving the notice defendant filed a suit in which 2 defendants were already died before 2 to 3 years yet they were joined as the defendants therefore the adv of defendants at the time of filling the w.s. file a purshish that defendant no so and so are death. thenafter very next date plaintiff withdarwn a suit by passing the pursis that due to technical fault we want to withdraw the said suit. than after immediately on the same ground and for the same property he has filed another suit so my query is that can he file the suit regarding the same property which is already withdrawn.?
Thyagarajan
29 June 2013 at 22:53
A civil case of mine against CMDA/Corporation is set as ex-party and I have fled the proof affidavit of my complaint. As my contention was not challenged by respondents by filing a counter can I assume the judge will pass orders on the the basis of proof affidavit. Will the orders will be in part to my satisfaction or in full? or can judge reject the petition for want of merit?
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Application
In civil suit for application to amend the written statement ,should i mention all the paras needed to be amended or is it enough to state that i need to amend w.s with leave of court.