Advocate Chintan Thakker

Questions Answered by Advocate Chintan Thakker

Q: Landlord not returning my security deposit

I stay in Mumbai and rented a home in November 2014 valid up to August 31. We were four in the flat and all of us have paid the security deposit of 20k each. Except me others transferred online while I paid by cash as I didn't have internet banking active at that time. We vacated the flat in August 2015, the landlord says, since I don't have a proof, she'll not return my security deposit. It is clearly written in the receipt of agreement with signature of her. I was waiting if she would change her mind. But she says do whatever you want and I'll not return. Help on how to proceed.

Advocate Chintan Thakker answered
If receipt acknowledging the returnable deposit is annexed by her in the agreement itself, she is bound to return it, you'll have to send a notice demanding the return of deposit to her and in the worst case you also might have to proceed against her through a Suit for such recovery. Kindly clarify and provide more details for a better answer. However, its subject to the contents of the receipt annexed to the agreement.

Q: Power of attorney can be given to son by father in civil suit

<p>My father / Plaintiff in Civil suit running in Taluka court. Issues were ready and plaintiff / father has submitted the affidavit of final declaration of our plaint. But later third party came and court allowed to add as defendant. So we did that too. Now my father is senior citizen (78 yrs old and sometimes they don&#39;t remember what had happened before) , hence they want to give me a power of attorney of case. I know each n every evidence and the whole case. so plaintiff/father can give me POA for further proceeding to present before the court on behalf of them and handle everything.</p>

Advocate Chintan Thakker answered
Ofcourse if the Son has a personal knowledge and there is sufficient reason for the father preventing him from attending the Court Proceedings then in such a case he can execute a POA in favour of his Son to attend the matters and deal with it according to the Conditions mentioned in such POA. Though the Court should be provided with a copy for the attorney to act in place of the person.

Q: Builder asking for full payment for flat registration

<p>I have booked two BHK flat on Pune suburb (Undri- Pisoli) in August 2012 with completion by Dec. 13. As I want to resell after completion, I have not done registration. Till date I have done almost 90% of flat payment. Still work like fixing of one lift, STP, etc is balance. Some families started leaving from Nov 15. Now due to some personal reasons I wanted to do the registration &amp; agreement. When I asked for the required documents, registration charges builder refused to give till the payment of balance payment. Is builder can do such thing? What should I do? Please Help..</p>

Advocate Chintan Thakker answered
After 90% of payment as you say have been done the builder/promoter has become bound by the MOFA to get the document registered and provide a payment schedule for the balance payment. You can Approach him through an Advocate Notice and if he refuses then you can also approach the consumer forum with a complaint against the builder.

Q: whether notarized MOU considered valid

Hi, Myself have booked land of 1000sq ft in Roha. And have paid 51000/- (total cost 6lacks). I have to pay 2lacks in next month & balance monthwise for next 2 years. Company going to give me notarized MOU after paying 2lacks. Is notarized MOU considered legally. Please guide.

Advocate Chintan Thakker answered
The property as you say is of 6 lakhs and you're going to pay 2.51 lakhs (more than 40%) then why can't the company provide you with an registered agreement. MoU is just an Understanding brought into writing where a complex transaction has to be dealt. In a Simple transaction where A is selling and B is buying a plot of land by part payment of money/cost, what's so complicated to enter into an MoU?. A simple Sale Deed with Payment schedule would suffice. At the most what I can say is beware!!!

Q: Maintenance amount decided increased yearly what legal remedy

<p>Hello, We have apartment condominium. The formal working committee is not chosen through voting as some of the active members of society handle the work. We have total 200 flats, 160 are 2bhk (850 to 1000 sqft) &amp; 40 are 1bhk (620 to 690 sqft). We had taken possession in 2013. Builder managed maintenance till 2014. From 2015, we started collecting maintenance of Rs. 1250 for 1bhk &amp; 1500 for 2bhk. But for 2016, 1bhk maintenance was raised to Rs. 1700 &amp; maintenance raised to Rs. 1800. This decision was taken in meeting that was dominated by 2bhk members due to their higher head count. Need help.</p>

Advocate Chintan Thakker answered
Why can't the society charge maintenance according to sq.ft. in use by each member? Don't you think that it would be the best way to be fair to all? Try proposing this in a meeting and see what they all decide. Then you'll be able to oppose it as well.