Expert explains

The builder of our apartment has handed over the maintenance of the flat on completion of the builder’s maintenance contract.

Published: 26th November 2016 03:24 AM  |   Last Updated: 26th November 2016 03:24 AM   |  A+A-

Express News Service

CHENNAI: The builder of our apartment has handed over the maintenance of the flat on completion of the builder’s maintenance contract. But he initially said he would deduct Rs 4 lakh from the corpus fund before the transfer. Since then he has been avoiding the officer bearers of our resident association and is not reachable.
— S Venkata Ramani

If the development agreement contains a clause for arbitration, you can seek for arbitration of your dispute. Otherwise, you will have to file civil suit. Either way, you will be spending more money than what you achieve in resisting the deduction of ` 4 lakhs.

The Tashildar rejected my patta application citing that the survey number of my house was included with an adjacent survey number and asking me to submit documents pertaining to that. It appears that government has merged the survey numbers for administrative convenience.  How can I produce supporting documents that the government has clubbed the survey numbers?
— Devaki.

You can ask the Public Information Officer attached to the revenue department to provide you the document merging both the survey numbers under the RTI Act. After getting such information, you can approach the Tahsildar with the support of that material. Even if he does not budge, you can move the high court with a writ petition.

In 1996, I stood as a surety to my colleagues’ brother who was a member of a Chit Fund in which he had paid 21 installments out of 25. In 1998 the chit fund issued me a legal notice regarding his nonpayment of the chit amount. In response I along with my friend, the borrower, responded to the notice at the City Civil Court, where he promised to pay the due amount to the magistrate. Now after a gap of 18 years the Chit Fund Company has issued me again a legal notice stating that I have to pay the due amounts of `75,000 plus interest. My colleague passed away about four to five years back and I lost contact with his family. I tried to visit his house and learnt that he has sold his property in Adyar and his whereabouts are not known. Therefore at present I am unable to locate my colleague’s brother. In this connection I would like to know, whether the company can file an execution petition after a gap of 18 years.
— SS Arunodhayam

If the execution proceeding which was closed due to your friend submitting for satisfying the decree obtained by the chit fund company could not be realised, then the cause of action can be revived for executing the decree against the surety. That is the price you pay for standing as a surety. The law is the liability of the surety is co-terminus with the liability of the borrower.

Justice K Chandru is a former judge of the Madras High Court


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