Saturday, October 2, 2010

What a return on investment!!!! eat a cake and eat it too.....lucky rent act tenants

What a return on investment!!!! 

One of my tenants is having 180 sq ft. Area. Building is old.. Deteriorated. No lift. No 

Proper maintenance. He is not having attached toilet ,bath, balcony and thus using common bath and toilet. No watchman, no garden no new society facilities.

 However they r asking for prevailing market price of new ownership building. Instead of 180 sq. Ft. They are asking compensation for 350 sq ft..  asking for ownership rights.

These demand of bigger area comes from news that  slum dwellers of Dharavi are going to get bigger area. But they do not realize that slum re-developers/ builders  ( mostly politicians and bureaucrats)  are getting 4 times free FSI where as landlord is not getting an inch free. The TDR is available but that is not for compensating tenants  and TDR is to be bought at high price and not coming free and construction cost and municipal very high  bribe cost is extra.

Pl. Advise how to satisfy such a tenant? Is it rational??

Landlord has paid for decades to tahsildar, talati, BMC, for property tax, assessment tax etc. besides emergency repairs and maintenance, property manager etc. In turn the tenant has been paying merely Rs. 40/- per 180 sq. Ft. But is now asking Rs. 35 lacs ( considering Rs. 10000/- p. Sq. Ft for 350 sq. Ft.).  

So investment of Rs. 40/- p.m. and enjoying/ exploiting shelter for whole month u get in return Rs. 35/- lacs. What a return on investment!!!! 

 Dear Tenants / Trespassers:

1. Live amicably. Avoid confrontation with landlord.

In ur heart u will agree that Mumbai rent act is one sided and grossly favouring tenants..
However there r some grounds on which landlord the shelter provider can file case in rent act courts/ small causes court.
There r some ground on which landlord can go to city civil and or even criminal court.
But if both the parties live with understanding and fellowship then such situation can be avoided. I request u to not to do anything to harm the harmony and compelling us to go to court. Pl. note that going to court means money flows out like water. U have to chase ur advocate, court clerk, Xerox wala, stamp wala, typing wala etc. Gather evidences, documents, and witnesses. Worst is dates after dates in court will have to spend. Easily one case till end can cost anywhere from Rs.50000/- to 2 lacs. And that is not the end rather it is beginning. Then may have to approach higher courts.
So for any wise person court is the last choice.
Hope u will avoid a situation which warrants legal action. I for one want to avoid courts.. Rather I am one who would like panchas to decide small issues as by going to court matters worsen as some advocates add spice to the simple case and make it acidic / ulcerated.
So I repeat do not give any opportunity which calls for filing of cases against each other. Same is very taxing on time and money and B.P...By the way u all know what r the issues and avoid them..
Let us resolve issues by peacefully settling same. Once in court then there is no reversal. Then I would like to not sit down but fight to finish..
If there r any comments or suggestions then pl. write back to me.


2. Spend for upkeep and hygiene as landlord is already in loss:

Also in ur heart u know that every expenses have increased blowing the roof but the rent. Since u r protected u don't offer to pay a paisa more to landlord. Never mind but spend something to keep environment beautiful, hygienic and safe.

3. Ask for only fair market price if u decide to leave for better living:

And when u decides to leave our property pl. ask for prevailing market price and we will have to give u that as otherwise no one quits. We have already paid many then why not you. With present delays in justice sysytem v have no choice.

 Most imp.:   No tenant can evict another tenant therefore one tenant has not to fear another sinful/ dictatorial tenant.

                   No tenant can do away with landlord. Keep peace with him.

                   Only landlord can file eviction suit for annoying him.   



Some Clarifications / some facts :

  1. Thousands of landlord owned buildings are lying as it is for 60 yrs or more and those living there r suffocating in inhuman conditions both owners and tenants.
  2.  Very thin population of tenants have been lucky to get higher compensation that too when landlord was in desperate situation. But all tenants are lying down for decades with open mouth waiting apple to fall in their mouth too. Is it greed?? Is it blackmail??? Is it arm-twisting????

What is a difference between Mafia Dawood and a tenant who demands manifold then he is entitled to or blocks the sale/ development???? And media, police and judiciary sympathises with tenants.


3.      Govt has given 4 FSI to slum dwellers SRA scheme and announced 225/ 290 sq  ft accommodation for slum dwellers. Landlords have not been given extra FSI. So tenants if r expecting bigger flats are day dreaming. All tenants may unite and ask for 4 FSI for landlords so that they too get this benefit. Besides SRA scheme flat owners can not sell their flat for 15 years.SRA buildings are having no proper lighting / space as rules are compromised. No stilt in SRA.NO open ground. And poor construction. But some ignorant are asking 225/ 290 sq ft from landlords in lieu of their 180 sq ft or so.

4.      Unfortunately present RBI policy does not give necessary finance to landlords to redevelop building. All tenants should ask for necessary change in policy so that landlords can reconstruct their houses and reoffer good modern houses to tenants. 


So since tenants are in numbers and voters count in India and not moral and  rule of law may tenants demand a better deal from govt for landlords so in turn landlord can give a better deal and much better houses to tenants ( definitely much better then SRA) .

Thanks and Regards,
Alok Tholiya (S.E.O.),

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