• Commercial Property - Not getting rent

I bought a property in WTC Noida in 2016. I was promised Assured Returns till hand over and assured rent after that for couple of years. In 2019, it was handed over and I was getting rent on follow ups only after that. For the last 14-15 months, I have not been getting the rent. Viridian is the company managing it. Initially, they said it is because of Vivo having rented the space and not giving rent due to IT raids on them. But even after that is resolved, I am still not getting rent. Also, since the property is completed, I have been asking them to register in my name. They have been saying that the registration office have stopped registering and will let me know once they start. 

Need a resolution for the pending payments, regular payment and the registration of property. What is the best way to approach this ?
Asked 2 years ago in Property Law
Religion: Hindu

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9 Answers

Send a legal notice to Viridian Company for clearing the pending payments, regular payment and registration of the property.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

File a civil case in the jurisdictional Court in Noida in which the property is situated. You have to engage a Lawyer in Noida, even though you reside in Chennai.  Also inform the State RERA agency.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Issue legal notice to builder to execute registered sale deed in your favour , to pay assured rents as per agreement 

 

2) if builder fails to pay then you can file complaint against builder before RERA in noida 

 

3) seek orders to direct builder to execute registered sale deed , pay assured rentals as per agreement .in alternative seek refund of money paid by you with interest 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

 

I presume project is registered with RERA

 

if so file complaint in noida against builder 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You need to file a civil case for breach of contract. Rera will not be maintainable 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- If you have entered into an agreement with the said builder ,and the rent till the handover the possession is mentioned therein , then the WTC Noida is bound to pay the rent, and they cannot refuse to pay on any grounds. 

- Further, if the project is already completed , then the builder cannot delay in registering the property in your name and to handover the possession to you. 

- Hence , you can send a legal notice for getting refund of the arrears of rent and to register the property in your name. 

- If no positive response, then file a complaint either before the RERA or Consumer Court. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Do  you have any agreement written to this this effect and entered between both the parties duly executed by a registered document with the conditions properly mentioned as what you have contended here.

If the conditions confirm the said clauses you may recourse to legal action by first issuing a legal notice demanding your dues and also for registration of sale deed on your name.

If the builder fails to respond then you can initiate legal action by giving a complaint to the RERA or the consumer commission or through civil court with a suit for specific performance of contract and also for recovery of your dues as per the contract conditions

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Since the cause of action had taken place in NOIDA, the jurisdiction for filing a complaint or filing a suit would be within NOIDA territory.

You have three options before you, first one is before RERA, second one before the civil court and the third one before the consumer commission

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Client,

 

I'm sorry to hear about the challenges you've faced with your property in WTC Noida. Resolving this situation might require a multi-faceted approach. Gather all your agreements, contracts, and communications related to the property, especially those mentioning assured returns, rental agreements, and the completion of construction. Reach out to Viridian again, preferably in writing (email or formal letter), outlining the issues concisely and referencing the terms of your agreements. Request a clear explanation for the delay in payments and the status of property registration. If there have been consistent delays or refusal to address your concerns, you might consider contacting regulatory authorities related to real estate in Noida. They might have avenues or processes to mediate or resolve such disputes. Explore escalating the matter within Viridian's hierarchy if lower-level communications haven't yielded results. Sometimes, senior management or different departments might have a clearer perspective or more authority to address your concerns. If there is a community or association of property owners within WTC Noida, consider engaging with them. Collective actions or shared concerns might garner more attention and support from the management. Throughout this process, ensure you maintain meticulous records of all communications, agreements, and actions taken. These records will be crucial if legal action becomes necessary.

Engaging a lawyer in Noida who is well-versed in the local real estate laws and regulations could be highly beneficial for your case. They would have a better understanding of the region-specific nuances, local practices, and the functioning of the relevant authorities like RERA (Real Estate Regulatory Authority) in Noida. However, considering your location in Chennai, you might also explore the possibility of hiring a lawyer there who specializes in real estate or property law and has experience handling cases across different regions in India. They can collaborate with legal professionals or firms in Noida or even represent you remotely if needed. When searching for a lawyer, ensure they have expertise in real estate matters, experience handling disputes similar to yours, and a good track record of resolving such cases. Additionally, consider their familiarity with the laws and regulations specific to Noida, as this could significantly impact the outcome of your case.

You may conduct initial consultations with lawyers in both Noida and Chennai to discuss your situation, understand their approach to handling your case, and assess their expertise in this field. This way, you can make an informed decision about which lawyer would be best suited to represent you in resolving the issues with your property in WTC Noida. You can reach out to us for further assistannce

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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