I am the General Secretary of a Residents association in South Bangalore. We have rented a shop in our premises to a supermarket owner(Mr. Nasser) who operates a series of stores.He had appointed a shopkeeper(Mr.Mohammed) to operate the store within our premises and pay a monthly rent to the association. Mr. Mohammed managed the store for several years, until about 1 year ago, when he began paying rent intermittently and partially to the association, suggesting that several customers had bought goods from him on credit and had shifted residence without paying him their dues. We have always discouraged him from giving credit to anyone. After warning him to clear the outstanding dues(about Rs.67000/-) 2-3 times, we asked Mr. Nasser to vacate the store or find a replacement, and repay us the outstanding amount immediately. Mr. Nasser brought a replacement immediately and the new shopkeeper(Mr. Hatim) is managing the store well and also pays rent every month promptly to the association since the last 6 months. However, the association needs to recover the amount due from Mr. Mohammed through Mr. Nasser. We have tried pursuing Mr. Nasser to clear the dues at the earliest, however he is evasive suggesting that he will discuss with Mr. Mohammed and get him to repay it to us. The association's contract is with Mr. Nasser (the owner of the supermarket chain), not with Mr. Mohammed. So the association has decided to seek legal recourse to recover the outstanding rent from Mr. Nasser. In this regard, I would like to know the relevant authority/jurisdiction to approach to file a case (would it be Consumer's forum or should we use the services of a Civil lawyer ?) and the procedure/documentation required for executing the same.
As rightly observed by you that the rental agreement was between the association and the so caled owner Naser, you can initiate legal recovery action through civil court but first issue a stuatory demand notice and then move against him before the court.