Tholiya Housing Society Issues: How to handle negligent neighbour who do not stop ...

Tholiya Housing Society Issues: How to handle negligent neighbour who do not stop ...: Frequently I hear from my friends that there flat has a water leaking from above floor and repeated request to the neighbour above has yield...

Tuesday, September 16, 2014

How to handle negligent neighbour who do not stop leakage from their flats...

Frequently I hear from my friends that there flat has a water leaking from above floor and repeated request to the neighbour above has yielded no response. Even in some cases ugly fight has taken place but they cud not find remedy. In my building my tenants have neglected to maintain, done some illegal work and thus my rooms have leakage problem spoiling my interiors, paints etc and beside weakening of building. But I too had not read this remedy as given out in magazine " MSWA 's Housing Society review" in sep 2014 issue.

I thank Maharashtra Society Welfare Association for their good advise.
I wish if my Property owners Association had given similar advise then long back I cud have neatly handled the issue of leakage due to callousness of tenants and saved my property from damage.

Here is a scan copy of article.

Madhukar Purohit and his Illegal acts and bribing skills

Kamlesh Bhathena shared Prince Kumar's photo.

34 mins · 

Prince Kumar‎Aam Aadmi Party

Bjp ki CM candidate Kiran BEDI 2 Voter-I-card rakhne k maamle mei pakdi gai..
Dono I-card alag-alag Address ke hain..
Election Commision ne shuru ki Jaanch..
‪#‎EVM‬
‪#‎FarziVote‬

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  Alok Tholiya I had reported to Kherwadi election office that Madhukar Purohit has enrolled his name in Jaipur as well as in Mumbai in my building. But they did not act. He gave false affidavit that his name is not there anywhere in India except in Kherwadi Mumbai. Then I obtained RTI info from jaipur election dept and asked Mumbai sub. Collector to take action against Madhukar Purohit but he evaded after taking bribe. I asked certain info from Kherwadi election office on this which they did not. They did not reply to my RTI. Finally matter went to Shri ratnakar Gaikwad but he did not take action and asked election dept to take action which they did not as they are all corrupt. They take bribe and include names of illegal migrants and also of those who r already enrolled in Rajasthan, UP, Bihar etc..

Stop illegal parking ....do not use free ka haram ka

11^th September 2014

From:

ALOK THOLIYA

THOLIYA BHAVAN. GR. FLOOR,

10th ROAD, NEXT TO REGENCY HOTEL,

SANTACRUZ (EAST), MUMBAI: 400 055.

Tel. 26125699 / M.9324225699.

atholiya@gmail.com

To:

Ms. Mahima Purohit,

Kalyan Kunj, Mahavira Marg,

Opp. Mahavir School,

C scheme, Jaipur, Raj.

Mahima,

U r a granddaughter of tenant of Late N K Purohit who had abandoned the tenanted premises Room No. 2, Tholiya Bhavan on first floor. Sparingly this room was used by others in family or by guests. But during particular six month as submitted to small causes court in RAE suit no. 864 of 2004 this room was not at all used. We have won this case in trial court.

During pendency of case your mischievous father with a criminal intent Madhukar Purohit tried to create several evidences like reinstatement ration card, re-enrollment in election roll thru false affidavit, renewal of driving license, buying policy of LIC of India with several false claims and affirmations so on. All this with the eye on this small room??? And to further his greed and lust and for roping in additional evidence he moved you and Manavi to Mumbai to use this room.

Manavi is since married shifted to a leave and licensee flat in nearby locality.

Your family has and has had several cars and two wheeler in Jaipur but none in Mumbai. But in recent past you have taken benami car Santro MH01NA5284 which is being used by you alone and sometimes by your sisters who comes from her house all the way to pick and drop same.

You are hereby warned that do not illegally trespass in our building with any vehicle. You are neither allowed to bring in any car or vehicle inside the building nor allowed to park the same inside.

 In case in spite of this notice given prohibiting u to park your car, you forcefully park your vehicle illegally in our compound then we will be compelled to put your car on the road using towing / outside services which will be at your risks and cost which you please note.

If this act of criminal breach and trespass is not stopped then I shall be forced to take legal action as advised by my advocates and same will be at your risk and cost.

(Alok Tholiya) 

Bombay high court order brings respite to tenants of shaky buildings

This is a good move but when there is a dispute on area occupied by tenants then I am not sure how issue will be resolved.

http://www.dnaindia.com/mumbai/report-bombay-high-court-order-brings-respite-to-tenants-of-shaky-buildings-2013304

n what will build confidence among tenants/occupants of shaky buildings who refuse to leave their homes due to fear of losing them permanently, the Bombay high court has ordered Brihanmumbai Municipal Corporation (BMC) to take necessary steps to allay the apprehension.

The high court in a recent order asked the civic body not to issue commence certificate (CC) for redevelopment of the dilapidated structures in the absence of an agreement between landlords and tenants over providing permanent alternative accommodation to the latter.

The court gave the order as part of guidelines in connection with buildings which fall under C1 category (ones which need to be evacuated immediately in view of demolition) structures — both private and BMC-owned.

The order also applies to structures which have been served notice under section 354 of Mumbai Municipal Corporation (MMC) Act, 1888. The guideline was issued after the BMC approached the high court seeking directives in view of the difficulties faced by
it in implementation of notices served under the aforesaid section, given the absence
of specific provisions in the MMC Act for eviction of occupants from the dilapidated buildings.

According to the order, in case privately-owned dangerous buildings are demolished by the corporation in exercise of power under section 354 (read with the order passed), then the BMC shall, while granting sanction of redevelopment, impose a condition in intimation of disapproval (IOD) that no CC will be issued under section 45 of the MRTP Act, 1966 unless and until there is an agreement, either providing a permanent alternative accommodation in a newly-constructed building or a settlement is arrived at by and between the tenants/occupants and the landlord in respect of the said demolished premises is filed with the corporation.

"This guideline will help bring in transparency in the process of redevelopment of shaky structures. The court has also asked BMC to prepare a list of dangerous buildings and also measure the carpet area of their houses. This will help stop cheating of residents/occupants once the project is redeveloped," a senior civic official said.

As reported in dna earlier, the civic body has identified 543 C1 category structures in Mumbai ahead of the monsoon. The 'L' ward, which covers suburbs like Kurla, has the highest number of shaky structures, that is, 100. Some rickety buildings in the city include some of the known structures like Shakti Mills along E Moses Road and Campa Cola factory on BG Kher Marg in Worli.

The issue of rickety structures is of major concern to the BMC as 84 persons lost their lives in four major building crash incidents over the past one year.

tenants who exploit, misuse, harass, misbehave and yet shamelessly want landlords to help

A tenant pays rent of Rs. 40/- p.m. . Misuse common passages etc for storing his belongings. In the mid  night he makes noise by throwing steel vessels ( for what he knows). He has kept surroundings very badly. There was a time when he would go up on terrace and piss in open. He does money lending business by keeping valuables of poor street hawkers etc who keep barging in on common passages on first floor residential areas affecting our safety.

Our mistake : My father gave him his own room without charging anything extra as he belonged to our own community from our hometown and was relative of a close well wisher.

I just got up and came out of my room this morning and Lo! he catches hold of me. He tells that the ceiling plaster has fallen and I must see that. He in the same breath adds that I must share atleast 50% of expense for repairs.

NOTE: I had personally appealed and then sent written request to all tenants to not to stop me on way and come to my office which is in same building for any discussion.

points to ponder:

1.I have been alone paying building taxes which are in thousands.
2. I am alone paying for common electricity bills, maintenance etc..
3. I am alone spending on maintaining common areas, terrace, and several amenities and have spent in lacs if last few years.
4. The shameless tenants pay only Rs 40/- p.m. but use much more the room, common toilets and parking illegally. Tenant Chadha does not even pay rent and has illegally settled a trespasser in building.
5. All hungry government staff specially BMC keep coming on some pretext and seek alms.
6. Even a child knows that building constructed in 1947 will now need major repairs and regularly.
7. They know landlord the shelter provider has no income to carry out any repairs atleast major and in their own rooms. Though I have been doing some urgent repairs of common areas as I know they will rape the building but will not contribute to maintain same.

Options:
1. Tenants have options of keeping good relations with landlord so their is team spirit but unfortunately all good tenants have left the building ( of course after taking market rate compensation) .
2. Tenants have option of persuading and cooperating with landlord for going for redevelopment but instead they do arm twisting by asking 3 times the area in return for giving cooperation. Why should a land lord succum to their blackmailing specially who are giving all sorts of abuses and troubles to landlord?
3. This tenant has always been on the side of most mischievous tenant and now seeks 50% share to repair his house which he used  for 60 years by paying only Rs 40/- p.m..

Rent act laws r reasonable and just but judiciary is sick and delaying so approaching courts is like calling for more trouble and letting advocates etc  loot you without giving any thing in return.

'Tenants' and their rights

What are the rights of statutory tenant, lessee and licensee? 

Letting out premises is a sensitive issue. Both landlords and tenants turn hawkish in any discussion on this. The battle of owners versus occupiers would turn less hostile if each understood their limits, claiming only that which is rightfully theirs. There can be roughly three kinds of occupation – statutory tenant, lessee and licensee. Described below are the rights of each of them.
1. Statutory Tenant: A tenant is a protected species under the Maharashtra Rent Control Act, 1999 and is often aptly referred to as a statutory tenant. He can be evicted only on the limited grounds mentioned in the said Act. The most common ground being “the premises are reasonably and bona fide required by the landlord for occupation by himself or by any person for whose benefit the premises is held.” It is justifiable that ‘destruction of the premises by the tenant’ gives the landlord the right to seek repossession of his property and end the tenancy. Change of use, as well as/or non-use of the premises by the tenant for a continuous period of six months, is yet another ground for eviction under section 16 of the Rent Control Act.
A statutory tenant pays a nominal rent. Upon his death, any relative residing with him at the time of his demise steps into the former’s shoes by law. No testamentary bequest can be made by the tenant in respect of his tenancy rights nor can he transfer, mortgage, sub-let, give on license basis, or otherwise part with his tenancy rights. A tenancy is a creation of the statute and lives as well as falls as by the provisions thereof.  Any transgression may cost a tenant dear.
2. Lessee: In the hierarchy of possessory rights, the position of the lessee is far superior. Here, the Transfer of Property Act comes into play. It is a transfer of a right to enjoy property by the lessor/owner in favour of the lessee, so much so that, unless there is a contract or a local usage to the contrary, a lessee can assign, sub-lease, mortgage, or part with his interest in the property. A lessee does not live under the fear that, on the grounds of bona fide requirements his lessor will have him evicted from the premises. He breathes freer air. It is not unusual to come across leases for a term of 100 years or even in perpetuity. There is precious little that an owner can do once he has leased out his property.
3. Licensee: A licensee finds a place for himself at the bottom of the pyramid. He has no interest whatsoever in the premises. As suggested by the term ‘license’, a licensee occupies premises at the pleasure of the licensor/owner.
In wonderful legalese, section 52 of the Indian Easement Act, 1882 defines ‘license’ as follows. “Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license”.
This wafer thin right is therefore regarded as the safest option by premises owners in Mumbai. And why not: if a licensee refuses to vacate residential premises, under the Rent Act, a fast track Competent Authority can decide on matters governing eviction and mesne profits. Mesne profits can be as much as twice the license fee fixed under the agreement.
Needless to add, all the three types of instruments- tenancy agreement, lease deed and a leave and license agreement- are compulsorily registerable. Not registering of a tenancy or a leave and license agreement can land the landlord/owner behind bars for a term extending up to three months!

So RTI has been weakened by two ways one SIC delaying orders and second not punishing erring PIO's.

So RTI has been weakened by two ways one SIC delaying orders and second not punishing erring PIO's.

Bhaskar Prabhu

9 hrs · 

fyI

RTI: Information commission lenient on govt depts? - The Times of India

Waiving off fine has become a new trend in UP State Information Commission (UPSIC).Here are...

TIMESOFINDIA.INDIATIMES.COM

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  Alok Tholiya One Madhukar Purohit had his names enrolled in jaipur and Mumbai. Against my complaint to Kherwadi Assembly Election officer for deletion of name Purohit on oath wrote to election officer that his name does not appear anywhere except in Kherwadi assembly constituency. I furnished all records to prove that his passport, his business licences, his bank accounts , his mobiles, his phones, his club memberships, all 5 vehicles are all registered at his Jaipur address where he owns a palatial bungalow. First they continued his name. Then I gave them as proof copy of election roll of Jaipur where his name was appearing FOR YEARS.So I finally made two requests to Kherwadi Election Officer that not only now his name be deleted but also necessary action be taken on him for lying before quasi judicial body as well as for enrolling with full knowledge names at two places. They deleted his name but did not take action on his extra legal acts. Then I wrote to higher ups but heard nothing from them so I filed RTI. PIO did not reply. Then First appeal officer did not bother. Then I went to SIC. He asked them to give all papers in file but did not ask them to take action. But worst is he did not take action on PIO. When I made repeat complaint then he directed Election Commissioner to take departmental action. 10 moths have passed but no action has been taken by Collector Western Suburbs , Mumbai who is supposed to act. So RTI has been weakened by two ways one SIC delaying orders and second not punishing erring PIO's.

  4 hrs · Like · 1