Property manager has refused to return the security deposit. The agreement for my flat ends in May 2025, and the security deposit was 12 lakh. Despite repeated pressure, the property manager has refused to return the security deposit and has lied about the reasons for withholding it. What actions can I take in this situation?
If you have exhausted all options for retrieving your security deposit and the property manager is still not returning it, you may consider filing an FIR (First Information Report) against them for cheating and misappropriation. An FIR is a legal document that is filed with the police in India to report a criminal offense.
You will need to provide evidence to support your claim that the property manager has not returned your security deposit, such as the lease agreement, receipts, and correspondence between you and the property manager. Once you file the FIR, the police will investigate the matter and take necessary action against the property manager.
Question: Negative review about a hotel which was below the standard claiming on the website. I am a paying member of a hotel (name not disclosed) and I pay an annual fee of Rs. 12,000. In February, while dining at the hotel, I saw cockroaches in the 5-star establishment and informed the staff, paid them, and posted a negative review on social media. The hotel approached me to remove the negative review and offered me complimentary services like spa treatments, use of the pool, and brunch. As a paid member with a non-cancelable membership, I had to accept their offer.
During the spa treatment, the hotel applied some products without discussing or disclosing them to me. They claimed that the products were suitable for all skin types. Later, my skin developed rashes and hives. When I looked at the toiletries given, I found that they were already expired. I asked the membership team for a refund and they promptly refunded my annual fees upon learning about my allergies.
I kept asking the hotel and membership team to take action about the expired products, but despite my rigorous follow-up, they have sued me for harassment and issued me with criminal and civil notices, which are factually incorrect.
It sounds like you have been through a lot. Since the hotel has sued you for harassment, it is important to reply (written statement) it as soon as possible.
In the meantime, you can continue to document all interactions with the hotel and membership team, including emails and phone calls. It may also be helpful to gather any evidence, such as receipts or pictures, to support your case.
Regarding the expired products, you may consider reporting this to the relevant regulatory authority, such as the local health department. This can help ensure that the hotel is held accountable for any violations and that other guests are not put at risk.
Remember to stay calm and professional in all interactions with the hotel and membership team. It is important to avoid any behavior that could be seen as harassment. With the help of a lawyer, you can work towards a resolution that is fair and just for all parties involved.
Question: Complaint against construction of extra space. I have a property in MJ Nagar Powai area, with the area ward being "S ward". We had made the double mala 1+ year ago, which cost near 2 lakh rupees. Recently, my uncle filed a complaint with the Mahanagar Palika, claiming that the room was constructed with extra space, even though we had constructed it as per the room size, and it was legal when compared to other rooms beside ours.
Despite this, there has been no action taken by the Mahanagar Palika. I want to secure my room fully for safety so that it would not be destroyed or affected by anyone. I need your consultation on how to secure the property and what needs to be done now. Should I pay the property tax? If yes, what is the procedure? If not, what else needs to be done? What necessary actions need to be taken now? I would really appreciate it if you could give me your best opinion on the above situation. Thank you.
Based on the information provided, it seems that the issue at hand is related to the construction of a room in your property, which has been questioned by your uncle and reported to the Mahanagar Palika. Despite your assertion that the construction was done as per the room size and was legal, no action has been taken by the authorities.
In order to secure your property and prevent any potential damage or negative impact, it is advisable to consult with a legal professional or a construction expert. They can provide you with guidance on the best course of action, including whether or not to pay property tax, and the procedures involved.
It may also be helpful to gather any relevant documents or evidence related to the construction and legality of the room in question, as this can support your case and help to resolve the issue more efficiently.
Overall, it is important to take swift and proactive measures to address the situation, and seeking professional advice can be a valuable step in protecting your property and ensuring a satisfactory resolution to the matter.
Question: Will the government of Telangana regularize our services? We, the employees working in the O/o. Telangana State Council of Higher Education (A Statutory Body of the Telangana State), have been working on a Consolidated monthly remuneration for the past 10 to 15 years, with the hope that the Government of Telangana will regularize our services. The Finance (HRM.I) Department, Government of Telangana, has issued a government order vide G.O.Ms.No.38, Dated: 30.04.2023, for the regularization of the services of Contract personnel based on the proposals received from the concerned administrative departments.
However, since the Telangana State Council of Higher Education is under the 10th schedule of the Andhra Pradesh Reorganisation Act of 2014, commonly known as the Telangana Act, the consolidated employees belonging to Andhra Pradesh are still working, and we, the employees belonging to Telangana, are 20 persons working in different cadres which come under Group-IV, struggling to get our employment regularized.
Furthermore, our employees' data has not been listed in the Government orders vide G.O.Ms.No.38, Dated: 30.04.2023. We, therefore, request you to do the needful and help in the regularization of our services.
Your cadre is not defined therefore, no information has been given in the said government order. Thus, you should move a representation to the respective authority of the state government to classify your cadre. If the government is making delay in determination of your cadre, then you should move a writ petition in the High Court for seeking a mandamus writ.
If your cadre has been defined then you are entitled to be regularised as per the government order dated 30-04-2023. There is only one legal impediment i.e. classification of cadre, lies in your case. Otherwise you are entitled for regularisation.
Question: Bank not allowed to repay the personal loan in UAE. I want to repay my personal loan in UAE but the bank is not helping me with a feasible repayment plan. What can I do?
You can talk to your bank and explain your financial situation. You can request for a feasible repayment plan that suits your current financial situation. If you have any proof of your financial hardship, such as loss of employment or a medical emergency, you can provide that to the bank. The bank may consider your situation and come up with a repayment plan that is more manageable for you.
If you have taken a personal loan from a bank or financial institution and are facing difficulties in repaying the loan, you may be able to approach the Debt Recovery Tribunal for debt restructuring. Here are the steps you can follow to get your personal loan restructured through DRT:
- Approach the bank or financial institution: You should first approach the bank or financial institution that provided you with the personal loan and request for debt restructuring. You can explain your financial situation and request for a repayment plan that is more manageable for you.
- File a case with DRT: If the bank or financial institution is not cooperating with your request for debt restructuring, you can file a case with the Debt Recovery Tribunal. You will need to engage a lawyer to represent you in the case and file a petition with the DRT.
- Attend the hearing: Once you file the petition, the DRT will issue a notice to the bank or financial institution to attend the hearing. At the hearing, both parties will present their arguments and evidence, and the DRT will make a decision on the matter.
- Debt restructuring order: If the DRT finds in your favor, it may issue a debt restructuring order to the bank or financial institution. The order may require the bank or financial institution to restructure your loan by extending the loan term, reducing the interest rate, or changing the repayment schedule.
- Follow-up: Once the debt restructuring order is issued, you should follow the repayment plan as per the order. You should also stay in touch with your bank or financial institution to ensure that they are complying with the order.
Question: Deceased sister's son not giving his sign for sale of property. Property is in possession of three brothers they want to sell sister died few Months back son of deceased sister not cooperate.
If the property is owned jointly by three brothers and their deceased sister, then all the legal heirs of the sister, including her son, have a share in the property. If the brothers want to sell the property, they will have to obtain the consent of all the legal heirs, including the son of the deceased sister.
If the son of the deceased sister is not cooperating, the brothers can try to resolve the issue through mutual discussions and negotiations. They can explain the need for selling the property and try to address any concerns or objections raised by the son of the deceased sister. It may also be helpful to involve a mediator or arbitrator to facilitate the discussions and help in reaching a resolution.
If the son of the deceased sister still refuses to give consent for the sale, the brothers can approach the court and seek a partition of the property. In a partition suit, the court will divide the property among the co-owners, including the son of the deceased sister, in accordance with their respective shares.
The co-owner has committed the offenses of mischief and criminal trespass. You should file an FIR against him, as he has no right to demolish the common wall that was erected in compliance with HSVP regulations. If the co-owner has any grievances, he should make a complaint before the appropriate authorities of HSVP. However, instead, he has taken the law into his own hands and demolished your wall. His act constitutes an offence.
You should also initiate a civil suit to recover the losses you incurred due to the demolition of the common wall, as well as to seek a permanent injunction. A decree of permanent injunction would prohibit the co-owner from interfering with the premises. You may also claim litigation expenses and compensation for the mental agony you have suffered due to the demolition of the wall.
Question: What is the Meaning of Association of Allotee as per Sec 31 of RERA. Is it a mandatory requirement that Association formed by Allotees needs to be registered under any law to be able to file a complaint in RERA? Or The Association of Allotees can file complaint without the need to get registered in any law.
The term "Association of Allotees" is defined under Section 2(ja) of the Real Estate (Regulation and Development) Act, 2016 (RERA). As per this section, the "Association of Allotees" means an association of the allotees of a real estate project, formed for the purpose of protecting the interests of the allotees in the real estate project, and to ensure that the builder or developer complies with the obligations under the Act and the rules and regulations made thereunder.
Section 31 of the RERA provides for the formation of an Association of Allotees. It states that the promoter (i.e. builder or developer) shall facilitate the formation of an Association of Allotees within three months from the date of the majority of allottees have booked their units in the real estate project. The Association of Allotees shall be formed for the purpose of representing the collective interests of the allotees of the real estate project.
The Association of Allotees plays an important role in ensuring that the builder or developer complies with the obligations under the RERA. It can take action against the builder or developer if there is any violation of the provisions of the Act, and it can also represent the allotees in any legal proceedings against the builder or developer.
Is it mandatory that Association of Allotee as per Sec 31 of RERA must be registered?
Yes, it is mandatory for the Association of Allotees to be registered under Section 3 of the RERA. Section 3 of the RERA requires the promoter (builder or developer) to apply for registration of the real estate project with the Real Estate Regulatory Authority (RERA) of the concerned state. As a part of the registration process, the promoter is required to provide details of the Association of Allotees formed under Section 31 of the Act.
Once the Association of Allotees is formed, it is required to be registered with the RERA within three months from the date of its formation. The registration process involves submitting an application to the RERA along with the required documents, such as the bye-laws of the Association, details of the office-bearers, and the minutes of the meeting in which the Association was formed.
Registration of the Association of Allotees is important as it provides legal recognition to the Association and enables it to function effectively in protecting the interests of the allotees of the real estate project. It also enables the RERA to monitor the activities of the Association and ensure that it is functioning in accordance with the provisions of the RERA.
Question: How to improve CIBIL score? My CIBIL score is getting bad day by day. Due to which I am not able to avail any loan. In this scenerion please suggest how to improve my CIBIL score?
Your CIBIL score is an important factor that banks and financial institutions use to determine your creditworthiness when applying for loans or credit cards. Here are some ways you can improve your CIBIL score:
- Pay your bills on time: Late payments can negatively impact your CIBIL score. Make sure to pay all your bills on or before the due date to avoid any late payment charges.
- Maintain a low credit utilization ratio: The credit utilization ratio is the percentage of your credit limit that you are using. Keeping your credit utilization ratio below 30% is considered good for your CIBIL score.
- Avoid multiple loan/credit card applications: Applying for multiple loans or credit cards within a short period of time can negatively impact your CIBIL score. Limit your applications to only those that you need and wait for at least six months between applications.
- Check your credit report regularly: Regularly checking your credit report can help you identify any errors or discrepancies that may be affecting your CIBIL score. If you notice any errors, contact your bank or credit bureau to have them corrected.
- Maintain a healthy credit history: A long and healthy credit history with a track record of timely payments can positively impact your CIBIL score.
- Don't default on any loans: Defaulting on a loan can have a significant negative impact on your CIBIL score. If you are facing financial difficulties, reach out to your bank or financial institution to explore options for restructuring your loan or creating a payment plan.
By following these steps and being responsible with your credit, you can gradually improve your CIBIL score over time. Remember that improving your score takes time, so be patient and consistent in your efforts.
Question: How to construct a slop for easy access to my portion of property? Our living space shares a common passage that is divided into portions, with the first position belonging to one person and four more portions beyond ours. We have recently reconstructed our portion and intend to create a slope from the end of the first portion to ours for easy access. However, the person who owns the first portion is now filing a suit against us to prevent the construction of the slope. Additionally, there is a small pit in the common passage of the first portion that has existed for over 50 years. Despite our request for its removal, the person has refused to do so and did not mention it in their lawsuit against us.
It is true that it is not permissible to encroach on someone else's property. Constructing a slope that extends onto the property of the person who owns the first floor would indeed interfere with their peaceful possession of their property. In this situation, it would be wise to avoid constructing the slope and instead try to resolve the issue amicably with the owner of the first floor. Finding a mutually agreeable solution would be the best way to resolve this issue without causing any legal conflicts or disputes.
Encroachment on someone else's property without their permission is considered an offense and is illegal. It can result in legal action being taken against the person who has encroached on the property. Therefore, it is important to respect other people's property rights and not engage in any activities that may infringe upon their rights or cause any harm to them.
If constructing a slope that extends onto the property of the person who owns the first floor is not feasible or is legally prohibited, there may be alternative methods for constructing a slope that provides access to your living space without encroaching on their property.
One alternative method could be to construct a slope that remains entirely within your own portion of the common passage. This could involve creating a gradual incline or steps leading up to your portion, which would allow for easy access without encroaching on the property of the first-floor owner.
Another alternative could be to explore the possibility of constructing a separate pathway or access route that does not involve the common passage. This could be done by creating a new entryway or using an existing pathway that does not interfere with the property of the first-floor owner.
Ultimately, finding a solution that is acceptable to both parties and that does not infringe on anyone's property rights is the best approach to resolving this issue. It may be helpful to consult with a legal professional or a mediator to find a mutually agreeable solution.
