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(After this story was published on 19 January 2024, the court served a order on 31 January 2024.
Dr Manali Agarwal had filed an application to the court. In her application, 'she has stated that she had no knowledge of the said suit nor had ever received summons of the suit, on 28 July 2023, she received a message on mobile that no suit is pending in the court.'
The flat owner, Malvinder Singh, had informed the court that a notice to vacate the flat was sent to Dr Agarwal through speed post on 2 March 2022 for vacating the flat and the address of Manali's permanent residence Lucknow. The notice was also sent, and a letter was also sent by the society in an order dated 23 May 2023 to vacate the flat by the court, but the flat was not vacated nor appeared before the court.
The court, in its order dated 15 Jan 2024, received on 31 Jan 2024, has ruled that 'notices were not duly served.'
'It appears appropriate to provide opportunity to the defendant to present her evidence/side.'
Thus, it has set aside its earlier order and allowed Dr Manali to provide her evidence. The court will continue to hear the matter until an order is passed.)
I have been struggling to get my tenant to vacate my flat for the last two years. My tenant illegally occupied my Grand Omaxe Society flat in Noida Sector 93-B. When it’s time for me to enjoy my retirement, I’m running from door to door to get my tenant to vacate my house. House I bought with my hard-earned money.
In March 2021, I rented my flat to Dr Manali Agarwal through a society reference. A three-year rent agreement was made between us. As per the agreement, she could vacate the house, or we could ask her to vacate the house with an advance notice of 30 days.
In January 2022, I served her a notice to vacate the flat. As the 30-day notice period ended, I asked for the keys to the flat. Instead of handing over the keys, she accused me of harassment. We were left with no choice, so we went to the court. On 23 May 2023, the Additional District Magistrate Court at Surajpur ordered Manali Agarwal to vacate the flat within 30 days.
'She Didn't Honour The Court's Order'
She didn't honour the court’s order, she continues to stay in my flat without paying any rent since June 2023.
Around 10 years ago, we bought this flat in Noida. Since my children were studying then, we had to stay in Delhi in a rented apartment. Now that both my children are settled abroad, I plan to retire and return to our flat as I cannot afford the rent of this Delhi house. Since we are not receiving any payment (rent) from our Noida flat. Despite having our own house, we will have to look for another rented apartment in a more economical society in Noida or somewhere nearby.
'Under Financial Stress'
The Surajpur Court is 75 km from our place in Delhi, which I have regularly visited for the last one-and-a-half years. Because of my tenant, I have suffered substantial financial losses. She is not paying the rent, and I have to bear the expenses of the lawyer and the cabs.
I am under tremendous pressure. I am unable to understand what to do. How do we pay our rent? We don't want to be a burden on our children.
She even refused to vacate the flat when the Noida police officer asked her to and later submitted an application to the court stating that she wasn't aware of the order. I don't understand why she is doing this to me. What wrong have I done to her? What is she gaining by troubling me?
The Quint Reached Out to Dr Manali Agarwal
The Quint reached out to Dr Manali Agarwal on this. While speaking to us over a telephone call, she requested that we send her the questions in writing over WhatsApp. After sharing the questions and giving her days to respond, we tried to reach out to her again when we didn’t hear back from her. The story will be updated if a response is received.
(All 'My Report' branded stories are submitted by citizen journalists to The Quint. Though The Quint inquires into the claims/allegations from all parties before publishing, the report and the views expressed above are the citizen journalist's own. The Quint neither endorses, nor is responsible for the same.)
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