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Tenant not paying maintenance charges and threatening the landlord
03-Dec-2023 (In Consumer Court Law)
of maintenance in Flat.I asked developer many times to look into maintenance but he didnt do.Electric supply was from main meter and paid for new meter to CESC.As in agreement(from Nov '17)5K rent/PM & 10K Advance.Till date only paid 14500.No electricity bill & Maintenance paid by tenant.I stay in another city.In agreement its mentioned that Tenant should pay for Maintenance, however since Maintenance was not done no charges asked from tenant. The agreement uis for 11 months from 30 August & it is notarized.The developer have not started the lift and the tenant is now threatening to go to consumer court and asked for 10K and 20 K for transport of his furniture's etc. what should I do?
For what reason he will be going to consumer court. Which service you have provided?? Does he comes within the ambit of the definition of consumer? This type of cases falls within the ambit of civil cases not consumer forum.
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Adv. Nilanjan Banik
Kolkata | 25+ Answers
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Sir,
The correct terminology to use would be licensor and licensee.That you mentioned that Agreement is for 11 month i presume it to be leave and license if not otherwise.The licensee is not paying Electricity bills etc. you can file for Recovery suit.
Since licensee is not paying any maintenance and is infact threatening will not hold much water in consumer court.
Regards
S.K.Chowdhury
The correct terminology to use would be licensor and licensee.That you mentioned that Agreement is for 11 month i presume it to be leave and license if not otherwise.The licensee is not paying Electricity bills etc. you can file for Recovery suit.
Since licensee is not paying any maintenance and is infact threatening will not hold much water in consumer court.
Regards
S.K.Chowdhury
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Adv. Sanjay Khan Chowdhury
Kolkata | 25+ Answers
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Here the clauses of the agreement are the most important parts. If in the agreement contents something which you are unable to provide to the tenant, the tenant has the right to sue you, but there must be an agreement between you and the developer which contains those, which is there in the tenancy agreement, so you have also the right to sue the developer showing same cause of action.
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Adv. SK Shahrukh Raja
Kolkata | 25+ Answers
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