Reply to Jitenji on comment that landlord can buy police off.......
Also read about Advocate Nathani and Ad Divyakant Mehta
U r wrong in every statement. Atleast in my case.
- I park my car half in open and half shade available to me. But my tenant who has not paid rent for 25 yrs is parking his 8 lac Rs. car Honda under illegally built shade. Come and see.
- He is storing a 20 yrs old skeleton of a scooter in common passage to claim extra rights.
- He had one more car which is only used by a family of another tenant. (What is an arrangement???)
- He has enclosed the passage without permission.
- Another person has locked the room for years and not staying and I wanted desperately a room for my daughter who is a dentist and working for 5 years with a trust running a clinic. He asked for Rs 30lacs for a 180 sq feet room which was originally a garage. Does not have a toilet. Does not have a water connection. There is no window. No separate kitchen. Pays Rs 40 pm to person inducted him illegally before we purchased the building.
- Another tenant has kept all rubbish and dirty belongings in common passage, in common bathroom and use terrace for urinating, use walls to spit and throw I don't know what but do visit me to see everything to believe.
- One of the trespassers is running a hotel in another old building, he has no license, made illegal structure, does nuisance everywhere and pays nothing. This person called me once and begged for Rs 15000/- so his seriously ill wife can be operated. He promised to return same in 15 days. But even after 10 yrs not a single penny has come. Several visits and follow up have gone in vain. He wields influence of one congress corporator who in turn is a man of a very powerful UP leader from the area. I have filed several RTI in police and BMC but u will see (pl. come and see) that under pressure of these goons none of the replies have come in time and are all twisting the facts.
- There a paan shop and his rent is Rs 40 pm. Is not paying for 3 years or so. Has illegally given part of shop for stocking illegally inflammable stocks of shoes etc .Makes abt Rs. 50000/- per month. His father was a nice person and good friend of mine. He used to pay rent in time even when got affected with cancer. I had extended full help to him during his last days. Then after his sad demise his widow and sons approached me for change in name. I offered them a cup of tea and did the needful in five minutes. Did not take a single paisa or never went to their shop to have a pan or cold drink in my life time. But now when sons have taken over they say we are a men of one safforonist org and will not pay. They have another business near Santacruz Station too. One of the brother is software engineer and doing very well.But this a common attitude of tenants of over use, misuse, and delay / not pay rent and yet get support from all as may be some landlords were bad.
- Mrs. Bina Chowdhuri filed several cases on earlier landlord too. The year I purchased that building in 1989 (as we were the major tenant on ground floor of commercial premises and landlord desperately wanted to sell. We were tenants since 1947 or prior of entire ground floor. Never ever defaulted in paying rent. Never sent a notice to landlord, never filed any case against him and maintained very good relations with them as: Even today we cherish in our heart respect and love for them the simple, religious goan Christians. If they had not built and rented these shops to us at a negligible rent (about Rs 150/- for 1500 sq ft) our family would have been doing business on footpath like the new migrants do as rent cat has stopped investments in rent able properties. We would have been squatting on roads and railway lines like all migrants now living in slums and footpaths do....and so on. If there is any important virtue for human being ( worth being called a human) is one compassion and second gratitude / thankfulness/ paying back to those who have trusted you and given u something in life be it ur parents, landlord, society, nation or even a garden or hospital which u use and are created by others/ charities. But we use such places and spit/ litter and come out. But the genes in my family are different and loyalty, thankfulness, gratefulness are our virtue and we treated our landlords as shelter providers and respect them and vow to support them if need be.
- U have said abt landlords and influence etc Here is a true tale with one tenant (we had relations better then a family but incidentally they were on paper tenants) :Grand son of my beloved bauji Late Shri Navratan Goyal called me at dead of night that his grandfather is not well. He added that his parent is not at home and not likely to return soon. I immediately called our family doctor Dr. Lily Tolat. She told me to rush him to nr by nursing home as she said he is a heart patient and that symptoms were of heart attack. I immediately jumped out ( knowing value of golden hour) , filled my pocket with whatever money I had at home and rushed to ground floor while instructing to call Hinduja Hospital. No sooner I reached him to Hinduja ( not giving step by step account as ur time is precious) in my Maruti the casualty staff waiting outside picked him and in casualty put him on all kind of life saving equipments, injections etc .. Then they informed it is a massive heart attack and any delay would have been fatal. Did I wait to change? Did I feel reluctant to rush him in my car leaving wife alone in bedroom? Did I wait for Mr. R N Goyal ( now retd V. P. Piramal Mills ) to come and pay for hospital expenses?? No. More than a tenant he was my neighbour, family and a sr. citizen and I had to do what I must do. That is a relations we keep with all but some looters/sinners/exploiters forget all that and give abuses, misuse, not pay rent, take us to court on wrong grounds etc.. And yet media and all others say landlords are bad) and I did what a responsible.
I am not writing here more abt great neighbors (incidentally tenants of ours) like Thakkar family, Mehta family, Gupta family with whom we enjoy best of relations and part of all family functions where no other tenant is but only our family inspite of being their landlords of past. (Now most of them have reached very great heights in their life one of them being President of a group of Rs 3000 crore.
If u or anyone wishes pl. come and see all this is narrated live/ documented and I can introduce few old good tenants too. So it is not necessary that all saints are bad if one of them does molesting, not all govt staff r bad, not all politicians are bad similarly not all tenants or all landlords are bad so do not whip all landlords with same stick. I don't curse all tenants as we too were tenants and are looking for premises on rent for even my daughter. And even our landlords were very good, very nice and gave us opportunity to start our career from zero in Mumbai 65 yrs back. And I am not kamina to harass such shelter providers, give them notice, take them to court, misuse, and over use my rights. I am also not kamina to do anything out of law or morality against tenants. But like it is due to law they do not pay higher rents same law allows landlord to take certain steps against erring/ defaulting tenant.
The law says you cannot take action yourself and aggrieved then approach police and court so if any landlord approaches police or court then what is wrong?? It will be wrong if they approach Mafia. But not police and court. Ur saying they influence police. Money influences most authorities. My most tenants have 10 times more money then me. Their advocates are the costliest viz. Ad Amin Nathani, Ad Divyakant Mehta. You can find out what influence and fees they have. I am giving their name openly. I can give name of UP leader backing one of my trespassers in running illegal hotel only in person as that sure will invite wrath.
How far system has been misused by tenants?
1. One case file went missing and I had to knock doors up to 6 months and up to Supreme Court. So various methods are adopted by tenant to delay case. And matter is liberally adjourned.
2. Tenant went in appeal court but did not file papers for a year. Court did not say anything.
3. Then court fixed manse profit of Rs. 1000/- p.m. . . . We had given copies of agreements of different leave and license in court. As per that rent prevailing in area comes to Rs. 10000/- and we had asked for Rs 5000. - Per month. Court in order said we have not given valuer's report. Fine. But while responding to tenant that he can't afford higher rent court agreed that his daughters are studying and that he says he can't afford. There court did not say if u claim u can't afford then u have not given copy of ur ration card that which colour bears, that give ur IT return, etc ?? And in the suite we had already brought on record that tenant has a palatial bungalow in Jaipur , owns farm house, owns several cars, scooters, travels abroad several times in a year etc.. But court did not take all this in account and fixed rent of Rs.1000/- . Come with me in my area and u will find that in slums rate for 280 sq feet is Rs 5000/- p.m... But court is supreme and we have to respect court as else we will be put behind bars for challenging court the almighty.
4. Then on silly ground they sought condonation of delay in paying even that paltry rent ( and as told earlier their advocates are one of the costliest in Bandra Small causes court) inspite of court orders. We allowed it as that is what they wanted we object and then they will delay in arguments for years on their application for condonation. And court will allow that.
Now abt landlords charging transfer fees and other monies:
As is always told by all bureaucrats when they come to our meetings: don't pay money wrongly/ don't pay and encourage bribing. Same applies here. Then even for a death certificate, even for probate, even for transfer of name in property records you have to pay officially and 10m times more unofficially.
BMC came and removed my name board from the building of my compound because I complained against illegal huge banner put up by BJP in front of my building at vakola. You can find that huge banner 365 days on Vakola Bridge in front of my building. They removed small steps made in front of gate on road as my sr. citizen members found it difficult to enter the building as that is always water logged and they don't clean the storm water drain and which is every year choked. They wanted bribe for cleaning the drain which I did not give and they removed the steps. But they don't remove the unauthorized structures built all over as they get bribe. 50 % of Mumbai is illegal and paying bribe. Did u object to that? If u had done so then at least some open spaces we cud see in Mumbai. But u object on landlords taking money.
My daughter cud not study further for masters as D Y Patil College asked for 33 lacs for admissions. I have stopped going to a big hospital as they arm twisted me and inspite of emergency and patient my father of 89 yrs they forced me to accept Super deluxe room costing Rs 10000/- per day ++++ Doctors visit, medicines, tests extra inspite of twin sharing room available. They said it is management policy. Want to come and check this fact at Asian Heart?
My cousin paid a bribe as doctors in Sion hospital said pl. pay a bribe or the dead body of father will be given only next day. My sr. citizen member Mrs. Hansa been told me they had to bribe Bhagawati hospital straff to take body oy their only son died in train accident. Has any landlord ever charged at such merciful occasions? How many such occasion's u have protested?? And I have and thus am unsuccessful man.
I know of a landlord whose tenant who never paid for 25 years and died . This landlord removed his car from parking place to give convenience to these tenants funeral. He shared his toilet etc with relatives who came to mourn for 13 days. He helped them when their house was flooded. But he gets worst ever abuses from tenants as some people are like that.
I can go on but best would be let TV channels take footage of these buildings and call landlords and tenants for open discussions to bring the truth out. Till then u pl. visits my building and I will show you the facts.
And last but not least I still with folded hands solicit good relations with my tenants and willing to forget past if hence forth they live with peace, live as a responsible, lawful citizens and follow the rent act in toto and not just what suits them. I reiterate if a good tenant wants to quit he has right to fair market price in compensation but not by blackmailing, threatening, arm-twisting and 4 of my tenants have gone that way on their own accord as they rose in life and still we have good old relations with them.
Alok Tholiya
U r very right in whatever u have said, but this only one side of the coin. U have not mention the other side of the coin where with every transfer of tenancy, Landlord enjoy 1/3 of deal amount as transfer charges, as well they also take advantage of demanding hefty monies for all repairs done by tenant, even if the repairs r very legitimate and necessary. This way almost all landlords make a good killing. Apart from this, one can also come across n number of cases where landlords bully and harass financially or physically weak tenants who cannot match them in police station as well as legal court room fights.
rgds,
jg
--- In kurla_improvement_intellectuals@yahoogroups.com, Alok Tholiya <atholiya@...> wrote:
>
> Deora's are themselves tenants and working to keep huge office premises for
> mere Rs 200/- p.m.. If the landlord sells them the building from that day
> they will become pro landlord and antitenant. Also their constituency
> consissts of tenants in large nos. So it is not sanity but vote bank that
> works.
> 1. Are theses tenants getting milk,water,tv cable/ DTH ,scool
> fees,bus,taxi,trains,petrol, vegetables,hospital bills etc @1950 rates? Has
> Deora opposed those increase???
> Let him donate 1000Cr from from his huge wealth and pay rent on behalf of
> those who cant afford like poor get subsidies for educations / schlerships
> from charities/ govt but why crush shelter providers??Let us handover to our
> future generation a better place to live in.
>
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Alok Tholiya (S.E.O.)
(Real Estate, Insurance, Mutual Funds, Bonds,
Tholiya Marketing and Leasing Pvt. Ltd.
Marigold Party Hall,
Tholiya Bhavan,Next to Regency Hotel,
10th Rd., Santacruz East,
Mumbai 400055
tholiya@hotmail.com
M:9324225699
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