Tenant issues Tenant issues

3 months ago

I'm a student staying in Delhi. The pg I'm staying is not adequately providing the services it had mentioned when I joined. They said in the contract that they will not provide food on last Sunday's of every month. But they are also not providing food on holidays like diwali Dussehra etc. Which is not mentioned in the contract. Also during somedays they don't provide food and when we ask they will say some excuses. Last few months the situation worsened. There where several days when we didn't have electricity, which made us difficult to study and do our things. Somedays there weren't drinking water. So I had to buy drinking water from outside. This month I came back to home for my semester break. I texted the owner that I will pay rent less this month because you are not providing services which are mentioned in the contract. The instant reply of him to me was to shift that evening and ask anyone whom I know to pick my stuff from the room. Then I told him I'm not shifting and you can't forcefully shift my things while I'm not there and my deposit is still in his hands. After that he stopped texting me. And at the evening my roommate called me saying that he asked her to give the key of room to the next room if she is going somewhere because he have to show the room to someone as I'm shifting. After hearing this I became mad and stressful because my things are there and he can't do this to me. So I called him several time he never picked up. I paid the rent right then because I felt afraid that my valuable documents and certificates are still there in my room.
Can I legally move against him. I have heard of consumer court. Can I file a complaint in consumer court.

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
A tenant is not considered a consumer when the landlord has not agreed to render any service to the tenant in the lease agreement. Thus a dispute between tenant and landlord is not a consumer dispute and does not come under the purview of the Consumer Protection Act. The dispute arising out of a rent or lease agreement comes under the purview of the state-specific Rent Control Act or the Provincial Tenancy Act. So, serving a legal notice to the landlord, you can escalate your grievance against the landlord before the Rent Controller concerned appointed under the State-specific Rent Control Act or Provincial Tenancy Act for redressal. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 months ago

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A.Dear Client,
In the situation you described, it seems that the PG owner has not fulfilled the services as mentioned in the contract, and his actions are causing inconvenience and stress. You may consider exploring legal options, and filing a complaint with the consumer court could be one avenue. Before doing so, ensure that you have documentation such as the contract, any communication regarding the issues faced, and proof of payment. Consumer courts typically handle cases related to deficiency in services. Consult with a legal professional or consumer rights organization for guidance on the specific steps to take in filing a complaint. They can provide advice on your rights as a consumer and guide you through the process of seeking resolution through legal channels.
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