Expert Explains

Published: 07th May 2016 03:58 AM  |   Last Updated: 07th May 2016 04:22 AM   |  A+A-

CHENNAI: 1I worked in a nationalised bank since 1980 and in July 2012, at the age of 59 (Due date of retirement: 31.03.2013) I was dismissed from service. The charges issued in 2011 were mainly based on negligence in a loan disbursal. All retiral benefits were withheld. The loan was granted in 2009 and closed in the same year.  After exhausting all remedies, I filed a writ petition in June 2014 with the Madras High Court to set aside the order of management. In Dec 2014, a petition was filed to ‘fix an early date’ and the case was posted to March 2015 for final hearing. But till date, the petition has not been taken up by High Court.or Commutation

J Thomas Karunanithi

EXPERT.jpg 

Now that seven new judges are coming (though three are going out) you can try your luck for an early hearing. Drop a requisition letter in the box meant for senior citizens kept in front of the registrar general’s office.  

2 In 2001-2003, I bought a flat from a builder, who also has a flat in the apartment. About a couple of months back, he gave a letter to the association asking for monthly maintenance to be collected as per the UDS of the property instead of flat rate that was being charged. However, association members agreed that the existing method should continue. At this time, the builder had also given a sheet giving calculations of the UDS area. When I cross-checked the calculations with the document as well as the plan approval, I found that he had constructed one extra apartment in the ground floor than approved and also encroached the common area. I sought and obtained documents from CMDA and the documents confirm that he had indeed deviated from the approved plan. What action can we take?

V Viswanathan

Maintenance charges are to be paid as per the decision of the association. It can be based on the area occupied or equally divided by all members. Fighting against the builder for unauthorised construction can also result in the demolition of the building.  In so far as encroachment of common area by the builder contrary to the approved plan, you can file a suit either jointly with other flat owners or file it in the name of the association.  In that suit, you can also ask for compensatory cost from the builder.  If your Builder Agreement has an arbitration clause, then you must go for arbitration of the dispute. 

3 Our complex on Vepery High Road has 22 residential apartments, 12 covered car sheds and one shop. Of the car sheds, few were converted to commercial shops and we apartment members complained to the junior engineer, Corporation of Chennai in July 2013 and after their personal inspection , a notice was issued by them. Meanwhile, one of the shop owners went to the High Court. After the judgment, we contacted the executive engineer, Corporation of Chennai and he said that he cannot take any action as they have filed an application under Section 80-A of Tamil Nadu Act 35 of 1972 to The Secretary to government, Dept. of Housing & Urban Development Government. What is our course of action to evict the shops in the car sheds?

AD Jain and others

The Supreme Court has ruled in Nahalchand Laloochand P.Ltd vs Panchali Co-Op.Hng.Sty.Ltd  reported in AIR 2010 SC 3607 = (2010) 9 SCC 536 that the residents of an apartment are common owners of the car park and the promoter  cannot sell it.   You can move the High Court by a writ petition seeking for a direction to the corporation to expedite the demolishing of car park converted into a commercial space. 

4 I am having an independent house at Tiruchy and it is let out. The tenants, a family, has been living there for the past 19 years continuously and  they are paying the rent regularly on time. I have not so far entered into any rent agreement with the tenant. My friends advise me to change the tenant as it will be difficult for me  to get the premises vacated in case I intend to move there or sell the house. Kindly clarify the legal position 

N Nirmala

Under the 1961 Building Lease and Rent Control Act, a tenant can be evicted only on three grounds a) Wilful default in payment of rent for more than two months b) Owners occupation c) Demolition and reconstruction of own building. There is no legal prohibition for selling the house even while the tenant is in occupation.    

5 We have a property for which the original documents were lost a few years back. We are residing in the same. Recently, we found some men who approached the neighbourhood with copy of the original document (claiming that they have the original). We have filed a police complaint a couple of years back, and also published a newspaper ad. Is there anything else that has to be done? 

 Arvind

One cannot predict as to how a original title deed will be misused.  Now that you have given an ad, the buyers may be apprehensive of buying. However it is better for you to file a writ petition against the sub-registrar under whose jurisdiction your property lies and prohibit him from registering any document without notice to you.

 

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