Advocate Arpit Bhargava

Questions Answered by Advocate Arpit Bhargava

Q: Category to use in order to file for RTI in SDMC

Sir, I need Information from SDMC , But I don't understand , under which Department or ministry I have to put RTI For SMDC OR MCD ?

Advocate Arpit Bhargava answered
Go to www.mcdonline.gov.inClick on SDMC.On Portal of SDMC, scroll down to INFORMATION UNDER RTI ( WITH GREEN COLOR)There you will have the application form as well as list of public information officers of each department under SDMC. U must know from which department do u want information otherwise RTI will continue to get transferred from one department to another.

Q: Builder not refunding advance deposit

Dear Sir /Madam, I was planning to purchase a flat in delhi. I visited one flat and found satisfactory. I was asked to pay 12lac so that agreement to sale can be prepared and rest 35 lac loan can be availed. Since agreement to sale is prerequisite for home loan, I paid 12 lacs through RTGS to the builder. During technical evaluation of bank, it was found that it did not follow DDA guidelines and does not have requisite approval so my loan was rejected. I asked the builder to cancel my booking and refund me the advance amount. In agreement to sale, it is mentioned that either of them right to cancel and full refund will be made. Then builder paid me 5 lacs after a month and asked one more month for rest 7 lacs amount. Now it is more than 7 month and still he is giving me date and delaying. After I insisted a lot, recently he paid 1 lac. He is still holding 6 lac. Pl tell how can I get my hard earned money back. I had taken personal loan to pay him advance or token amount.

Advocate Arpit Bhargava answered
From your query it appears u have already exhausted all amicable channels to resolve your dispute. In my opinion, you should now send him a legal notice and seek recovery of your balance amount with interest.

Q: Can a rent agreement be renewed without receipt for rent paid

I rented a house on 3rd november 2016 the rental agreement became lapse on 3rd october 2017. We still reside in the same house. There is no rent due but the landlord never agreed to renew agreement no he is asking us to leave the house as soon as possible. Otherwise should give him a months rent extra. What are my legal right? Is there a way I can make him renew agreement? PS: there is no receipt for rent paid

Advocate Arpit Bhargava answered
You cannot make the landlord renew agreement but you can negotiate with him for renewal or enter into fresh rent agreement with fresh terms. And as you said, he has not agreed to renew the agreement, therefore legally , as long as you remain in possession, you are a month to month tenant and have no right to be in the premises beyond a month when you are served with legal notice to vacate. Of course, you should be paying rent through online transfer only in order to prove you don't have rent arrears as well.

Q: Demolition of illegal construction by Builder

I have bought a builder flat  at upper gf in four floor building. builder has build a flat in parking area how we can demolish the illegal construction? Also how to stop construction on 4floor roof is building is approved only for 4floor but owner of 4 floor having roof rights?

Advocate Arpit Bhargava answered
Answer to your queries is as under:1. If stilt parking is covered by the builder, immediately write a detailed complaint to MCD along with photographs and the date on which construction was carried out. You will not get desired result but here you will build your case for High Court where you can file a case against the builder and MCD seeking demolition.2. Same steps can be followed for stopping construction on 4th floor roof which of course, has to be swift.