Sidhhi 19 April 2023

Carpet area less than agreed in Consent Terms filed in Bombay High Court ?

This is for a senior citizen couple friend. Please guide if you can? There are truly prudent lawyers in the forum capable of guiding so please don't say Contact a prudent lawyer to ensure healthy inputs.

The couple tenants of a Public Charitable Trust called Shri Bhagwandas Todi Charitable Trust, Mumbai are protected under the Rent Control Act.

Trust sold the tenanted building in 2006 to a notorious party involved in several civil and criminal cases. The new owners/partners started threatening the tenants to surrender the tenancy premises for peanuts. While several tenants left others didn't surrender and it took prolonged litigations and finally Consent Terms were finalized and filed in Bombay High Court in 2013.

My couple friends are supposed to get 330 sqft carpet area flat in lieu of 330 sqft old premises.

But from the plan approved by BMC the actual carpet area works out to be 311sqft only ie about 19 sqft less than agreed upon in the Consent Terms:

What's the option in this situation as the market value of 19 sq ft is about 6 lacs.

Can they file a Criminal Complaint with police ? or

File 3rd Contempt Petition in Bombay High Court which very costly affair for them.

TIA for your valued opinions. Sidhhi.

Thanks

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2 Replies

Siddhi 19 April 2023

Please read actual carpet 272 sq ft against 330 sq ft in the consent terms. So 18lacs value @30000/- p sq ft.

T. Kalaiselvan, Advocate (Advocate) 19 April 2023

If the court order states that they are entitled to 330 sq. feet whereas the owner is not obeying court order and is bent upon allotting a lesser space which discriminates as well as causes loss and grievance to the old couple then they may have to approach court alone and not the police station.

They can either file a contempt of court petition for not obeying court order or they can file an execution petition based on the judgment passed by high court for relief and remedy.