Legal Question in Business Law in India

my father is a businessman and he has a rented shop since past 25 years in bhajanpura,new delhi-110053 ,its an automobile repairing shop bt now after so many years the owner is demanding my father to leave the shop or buy it in double rates which is a complete nonsense kind of thing.He is even forcefully trying to make my father leave the shop or else buy the whole plot attatched to it in double rates!!he is a "gujjar" by background n he has even threatened my father that he will smash our home too if we dont agree to him.He uses abusive and very insulting language in front of the customers too in working hours!He is threatening us to death and we cannot say anything because he is a kind of person who can do anything!Also we are respected people and we dont wanna indulge in these fights!I am a young citizen of my country and i am not able to understand that what is the need of living in a country like india when anyone ..at anytime can threaten us and we cannot do anything!we cannot call us democrats..its a shame that even after saying so much to my father in the public ..that person has no fear of police or any legal authority..shame on us!!!so..coming back to the point i just want to know that how can we file a legal complaint against him and what should be our first step??also can we get any protection for safety purposes?please help!


Asked on 7/20/13, 9:32 am

3 Answers from Attorneys
Setu Niket Curare Legal

1. You have involve local police to prevent the owner from threatening your father.

2. File a suit for injunction.

Feel free to contact for further assistance.

Kind regards

Setu niket

Advocate

9873190672

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Answered on 7/20/13, 9:37 am
Fca Prashant Chavan Expert Edge LLP

20.07.2013

Dear Sir / Madam,

Your first line of action is to lodge an FIR in the local Police station. Work on a win-win situation with the landlord of your premises. If your father is doing well in the automobile business and is presently paying around 10% to 15% of his net earnings by way of lease charges to the landlord, he should increase the monthly / annual lease charges that he pays to the landlord. A benchmark of parting with 20% to 25% of the net profits should be mutually agreed to by your father with the landlord, to amicably resolve and settle the issue. I say this since you say that the landlord's offer to your father to purchase the premises outright is too exorbitant and way above prevailing market prices.

Regards,

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Answered on 7/20/13, 11:14 am
Yash Kumar Yash Kumar & Co.

Dear Sir,

What is the rent of the shop? If it is less then 3500/- then you are covered under Delhi Rent Control Act and the landlord can not evict you from your possession. Secondly you should file criminal complaint in the local police station against the land lord that he threatening you for vacating the shop. Then you should file a case of injunction against the landlord so that he may not dispossess you from your possession without due process of law.

For further assistance you may contact me on 08750228171.

Thanks

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Answered on 7/21/13, 8:25 am


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