H Patel
01 September 2016 at 08:39
I am the tenant. The case is between me(tenant) and landlord(applicant). The Court(Rent controller, District) has given the ex-parte decree to Evacuate the rented premises 1 month ago. The landlord might have done settings with my Lawyer, as a result I was absent on the hearing date(my lawyer communicated wrong date to me).
In the rented premises, All the istridhan of my wife is kept as she demanded this in women cell. I have the receiving copy of Returned istridhan which is signed by her parents & her.
Now, I want to evacuate the premises. I have submitted an application in the court Stating that - "to give possession of premise to the Landlord. Sending notice to my wife for taking the articles and alternatively, transfer all the articles in police custody after making inventory."
My Question is -
1. Can I ask the court to give me the permission of videography. so that I submit one copy in court and keeping one copy with me??
2. Based on this notice, will the court send a notice to my wife for taking the istridhan?
H Patel
31 August 2016 at 18:05
Hi Experts,
I have booked a studio appartment in 20Lakh in 2013 and made 95% payment in instalments. The possession date for me is July 2016. The property is located on Yamuna expressway(Greater Noida) Techzone SEZ. The land is commercial. The builder has head office in delhi.
Please advice on below points:
1. there are 10 other buyers with me who all want to file the case as a GROUP. Can we file the case as a group in NCDRC(National Consumer Disputes Redressal Commission)? As total amount becomes 2crore 20Lakhs.
2. Can the NCDRC reject our case as we have filed case as a Group? And ask us to make an Association first to file the case again? Is it necessary to make an association to file case??
3. The builder promised to give assured return of 12% annual till possession. But has stopped the return since Sept 2015. The construction work is stopped and only 5% total construction is done. The possession date for me & other 7 buyers is July 2016. But for remaining 3 buyers possession date is Sept 2017. Can those 3 buyers also demand for Refund in same consumer case based on the ground of Assured Return default or on which ground?? Or they have to wait till the possession date passed(sept 2017) and later join us in same consumer case?
4. Can Some buyers who booked shops in same property be joined in same case for Refund?
Please advice. Thanks
H Patel
07 August 2016 at 13:48
Respected lawyers, Please Help.
I am seeking advice on the rent case which i am fighting with the landlord. I am the tenant, and took a floor(1bhk) on rent 3years back. landlord is living on ground floor.
There was dispute in between me and my wife in 2013. then my wife filled complaint in women cell to get her all istridhan & to live separately in a rented house with me(living away from my parents). Based on mutual understanding(with effort from women cell), it was decided to handover the ishtridhan to her and we both live in rented house. my parents handed over all ishtridhan and took the receiving & Signature on the Ishtridhan list from her & her family. That ishtridhan items then shifted to the rented house. Then from first day, my wife took the keys with her and living with her parents since then.
(The rented house has INTERNAL door locks which are fitted by landlord itself). landlord handed over the keys to my wife in my absence.
Rent agreement was made between me(my name) and landlord. I paid the rent on time till the agreement duration of 11 months, Even though nobody(me & wife) lived there & premises was closed as keys was taken by wife. Then i stopped payment of rent as rent agreement was over.
5 months after rent agreement expiration(Expired on July 2014), landlord filled this case for rent payment and Evacuation in Dec 2014. Only I was made the party as tenant and not my wife.
On following points, seeking advice from our esteemed experts & lawyers. Please help.
1) This case is in lower court of district(to rent controller). the court has done rent accessment & ordered to pay the rent calculated based on 25% hike on the Rent amount specified in rent agreement. 12K in rent agreement & rent accessed at rate 15K. Can I appeal/challenge this order in higher court of district(or which court)??? As the rent accessed on 25% hike but normally 10% is increased for next year. I am not able to pay that much amount. But okay with rent accessed at 10% hike. Please guide. the case is not closed & further to decide on evacuation.
2) As keys(INTERNAL door locks of landllord) are with my wife and premises is closed, and Ishtridhan items are placed there, Am I legally abide to pay rent??
3) What is the way to vacate the premises as I am not in condition to pay rent? Considering that ishtridhan is placed in the premises. If I vacate, what implication i may face from wife?? She dont want to continue this relation and has intention to make money. and I also want to end this chapter.
Please advice.
Regards, H Patel
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Please help regarding consumer case
**this is the follow-up query based on earlier query asked which is moved down in the queue**
Hi Experts,
I have booked a studio appartment in 20Lakh in 2013 and made 95% payment in instalments. The possession date for me is July 2016. The property is located on Yamuna expressway(Greater Noida) Techzone SEZ. The land is commercial.
Please advice on below points:
1) There are 10 DCDRF in delhi. so in which DCDRF I can file case(if the total amount is less than 5 crore)? The builder has Registered Office in Nariana, Delhi and Corporate office in Sector 16, Noida.
2) 40 buyers(including me) are ready to file the case for Refund. So in that situation, Can we file 2 separate consumer cases(in GROUP of 20 people each) in DCDRF?? For each case, the total amount will be 4 crore. Can the Court combine these 2 cases together in future(but in that sitation Amount will become 8 crore)?
3) If all 40 people want to file the single case before NCDRC, Can it be done as Group (without making an Association)??
4) In MOU, there is a clause of Arbitration from builder. Will it Stop us to file case before NCDRC/DCDRF? and how it may impact us.
Please advice. Thanks