If you are stuck in such a situation, here is what to do.

In 2019, Mrs. Kavita entered into a lease agreement with Apex Telecom Infra Ltd., a major telecommunications infrastructure company, for the installation of a mobile tower on the rooftop of her house in Chandrapur. The agreement, signed in her name, stipulated a monthly rent of ₹9,000, with a 10% increase every three years. However, for over five years, the family has not received any payment.

At the time of the agreement, Mrs. Kavita’s son, Alok, was a minor, and the family was facing personal hardships, preventing them from taking immediate action. They trusted the company to honour its commitment. The family bore the cost of rebuilding their rooftop to support the tower’s structure. Despite the installation, the tower was never activated. Today, the accumulated rent arrears exceed ₹6,00,000.

Alok’s persistent follow-ups with the company’s local and head offices eventually led to an admission of the outstanding debt. Shockingly, Apex Telecom offered a mere ₹1,50,000 as a full and final settlement. To compound their problems, the company has retained the original signed lease agreement, leaving the family without this crucial piece of evidence. The tower’s equipment now occupies their ground floor, obstructing access and parking, while the rooftop structure shows signs of weakening.

Recently, the company’s representatives have adopted a dismissive and intimidating tone, daring the family to “file a case if you want,” leveraging their corporate power against an ordinary family. Alok has filed a complaint on a government grievance portal and is contemplating filing an FIR under the new Bharatiya Nyaya Sanhita (BNS) for the threats and apparent deception.

Advice in such cases

Dealing with a large corporation that defaults on its contractual obligations can be daunting. Here is a structured approach:

• Document Everything: Maintain a detailed record of all communications. This includes dates and times of calls, names of people you spoke with, and summaries of conversations. Keep copies of all letters, emails, and any official complaints filed.
• Send a Legal Notice: The first formal step is to have a lawyer draft and send a comprehensive legal notice to the company’s registered office. This notice should detail the breach of contract, calculate the total amount due (including interest and damages), and state the legal action you intend to take if the dues are not cleared within a specific period (e.g., 15 or 30 days).
• Do Not Accept Lowball Offers: Companies often make low settlement offers to test your resolve. Do not accept any offer without consulting your lawyer, as it may prejudice your right to claim the full amount later.
• Gather Collateral Evidence: Since the original agreement is with the company, gather all other possible evidence. This includes photographs of the tower, bank statements showing no rent was credited, and any correspondence, no matter how insignificant it seems.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This situation involves both civil and potentially criminal aspects under Indian law:

• Indian Contract Act, 1872: The core of the issue is a breach of contract. A civil suit can be filed for the recovery of the unpaid rent and for specific performance of the contract.
• Specific Relief Act, 1963: This Act can be invoked to seek an injunction for the removal of the tower and equipment, especially since the company has failed to meet its obligations. You can also sue for damages for the losses incurred.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If there is evidence of threats or intimidation, a police complaint can be filed.
  • Section 350 of BNS (Criminal Intimidation): If the company’s representatives have threatened you with injury to your person, property, or reputation to deter you from pursuing your legal rights, an FIR can be registered under this section.
  • Section 316 of BNS (Cheating): If it can be proven that the company had a dishonest intention from the very beginning and fraudulently induced you to sign the agreement without any intention of paying, it could constitute cheating.

If you are the complainant

If you are assisting a family member, like Alok is helping his mother, your role is crucial.

• Organize the Paperwork: Create a systematic file of all documents, photos, and communication records. A well-organized case file is invaluable for your lawyer.
• Be the Point of Contact: Handle communications with the lawyer and the company, but ensure that the actual litigant (the property owner, Mrs. Kavita in this case) is present for signing any legal documents or affidavits.
• Do Not Be Intimidated: Corporate representatives may try to bully or mislead you. Always refer back to your lawyer before making any commitments or responding to threats.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the property owner and the party to the contract, your legal position is central to the case.

• Authorize a Representative: If you are unable to handle the proceedings yourself, you can give a Power of Attorney to a trusted family member (like your son) to act on your behalf, but do so only after consulting a lawyer.
• Preserve Your Rights: Do not sign any new documents or agree to any terms proposed by the company without your lawyer’s approval. Any verbal agreement or signature can be used against you.
• Focus on the Legal Path: Emotional distress is understandable, but the legal case will be decided on facts and evidence. Allow your lawyer to handle the legal strategy.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police often view such matters as “civil disputes” and may be hesitant to file an FIR. They will likely advise you to approach the civil court for recovery of money. However, if you present clear evidence of criminal activity, such as recorded threats or proof of systematic cheating, they are obligated to register a complaint under the relevant sections of the BNS. The registration of an FIR can put significant pressure on the company to settle the matter.

FAQs people normally have

Should I file a case in civil court or consumer court?
Since this is a lease agreement for a commercial purpose (renting out space), a civil court is the appropriate forum for filing a suit for recovery of money and damages. Consumer courts typically deal with disputes related to goods and services availed by a consumer for personal use.

What if they won’t return the lease agreement?
While the original agreement is strong evidence, its absence is not fatal to your case. You can file a suit and, during the proceedings, file an application forcing the company to produce the document in court. Your case can be built on secondary evidence like bank statements, photographs, and correspondence.

Can I demand compensation for blocked space and stress?
Yes. In your civil suit, you can claim damages for the illegal occupation of your ground floor space (mesne profits) and for the mental agony and harassment caused by the company’s actions. These claims must be properly valued and justified in your plaint.

What happens if the company takes legal action first?
This is a common pressure tactic. They might file a frivolous suit or a counter-complaint. If this happens, do not panic. Your lawyer will file a robust response (Written Statement) and defend you in court. It does not weaken your original claim for unpaid rent.

What evidence is required?

To build a strong case, you should gather the following:

• Any copy, photograph, or scanned version of the lease agreement.
• Bank account statements for the entire period showing that no rent was ever credited.
• Photographs and videos of the installed tower, the equipment on the ground floor, and any damage to your property.
• Copies of all written correspondence, including the legal notice sent and any replies received.
• Records of complaints filed on government portals or with any other authority.
• If possible, affidavits from neighbours who witnessed the installation or the problems it caused.

How long will the investigation take?

A civil suit for recovery is a time-consuming process. It can take anywhere from a few years to several years to get a final judgment from the trial court, depending on the court’s workload and the tactics used by the opposing party. An appeal can further prolong the process. However, filing the case often brings the defaulting party to the negotiation table for a fair settlement much sooner.

If an FIR is registered, the police investigation will proceed as per the timelines prescribed in the Bharatiya Nagarik Suraksha Sanhita (BNSS), but the subsequent trial in a criminal court also has its own timeline.

Advocate Sudhir Rao, Supreme Court of India