We receive a lot of posts with negative “information” against someone.
This happened on Sunday 30.06.2024, the day after the world cup 20-20 win!
And we decided to investigate. Here is a summary of the investigation with no names revealed:
THE TENANTS
There were 2 posts pending for approval to be shared in the group. The key points in the 2 posts by a man and a woman each claimed:
- The broker assured us that no brokerage fee was required, only an initial payment of two months deposit plus one month’s rent.
My question: Since when did brokers stop charging brokerage from potential tenants? The post clearly said that flat was shown to us by a broker. Even a property manager has not been heard of working bona fide (i.e. not earning from both parties) usually, in almost all the scenarios, they charge brokerage from the tenant.
- The post had flat number, full name and phone number of the owner of the property and his wife.
- It said that they transferred the complete amount (INR 99,000/- and went for signing the agreement.
- It further stated there was an “Unexpected” Demand for Brokerage after signing the agreement.
- The owner dismissed our concerns saying it was between the broker and us.
My question: If a landlord is living in another city, how would he know what has been agreed between broker and potential tenant? Why share his and his wife’s phone number on social media then?
- Proof? The post had 2 screenshots of payment done to the flat owners. Amount: INR 77,000/-
- The second post had a conversation screenshot with property owner of 1 amount INR 60,500/- returned to them and for the second, to coordinate with the broker.
My question: Why is the amount claimed to have been paid different and higher than the actual amount paid?
THE BROKER
Now, we needed to contact the parties mentioned in the post, to get to know the other side of the story as well, before allowing any post which did not have complete chat in evidence.
30.06.2024 EVENING: Flat and Flatmates contacted them.
The broker told us that this couple told them they are married as the society he was finalizing the flat in only allowed married couples as tenants.
His template of agreement mentions brokerage.
After rent agreement was signed, they refused to pay brokerage.
The evidence he provided: A marriage certificate* & actual agreement, his template of agreement which he sent to flat owner who wanted to use his own old draft.
FLAT OWNER
He provided a timeline of events with some corresponding evidence.
Evidence:
- Screenshot of Tenant asking him to deal directly without broker in between, for a flat they found via broker.
Landlord refused.
- Screenshot: He had received partial amount on 29th June and returned it immediately on receiving message from new tenant to cancel the deal on same date.
The agreement had been made. Complete payment was not made from tenant.
His story: He travelled to Ahmedabad to complete the legal formalities. He has still not received marriage certificate. The tenants and broker argued in front of him at the notary office for payment of brokerage. Tenant did not pay agreement and notary cost.
His expenses: Traveling cost + agreement cost + flat is being vacant from 30th onward.
The deal happened before 16th June, 2024.
*THE MARRIAGE CERTIFICATE
- It was dated one day prior to the agreement.
- With no serial no.
- AMC stamp was missing. Instead, there was a round stamp with the words: Registrar of Marriage, with the Ashoka stambh symbol in between.
- And there was another stamp where the signature is to be done, with the words in a line: Registrar of Marriage.
- No ward (meaning: area) mentioned in the stamp under these words.
As per law in Gujarat: Once the application to obtain a marriage certificate has been verified, the applicant will get the marriage certificate within seven working days from the date of application.
- As per this certificate, the date of marriage filled in it: 4th May
- But, the date of certificate is: 15/06/2024
My question: When was the certificate applied for?
What else did the broker provide as proof from his end:
A screenshot of his template of rent agreement (softcopy) with the words: Each party shall bear and pay their Real Estate Agent’s one month brokerage charges.
The broker provided rent agreement picture between landlord and the male tenant & chat screenshots between broker and these tenants:
- The “married” couple claimed to file an FIR but before that they threatened to post on Flat and Flatmates.
- The broker refused to submit and said in reply, that he has screenshots and will revert the same.
- In this chat, the couple had written two lines one after the other:
- Hum shadi shuda hai.
- Live In government ne approve kar rakha hai.
My question: If they are married, why are they talking of live in being approved or not.
Keep in mind:
- We do not have information yet about whether an FIR has been filed. No screenshot was attached by the couple’s post.
- The broker is not Dadi Sa (Balika Vadhu) who gets to dictate what is right or wrong done by a housing society. He is simply doing his job.
- If the landlord lives in another state, travel expense & taking time off from work to come finalise the agreement must not be discounted.
- Bachelor Tenants vs Family is an issue but not the issue in this case.
- We will not reveal society name because many of our member tenants got flat from this group in said society and live there. We are concerned about them.
As admin, we try to moderate the posts to the best of our ability and prone to human fallacies. On a Sunday evening, we are investigating a post which has loopholes in its story.
My questions are all relevant and neutral to get a better understanding of hidden facts and unknown history of the issue.
WHY ARE WE INVOLVED?
- Threatening people by taking our group name because we maintain quality, get highest viewership and the broker runs the high risk of damaging his business and client prospects which he gets from our group.
- Posting on our group is not like posting on a social media platform because its quick and available on fingertips.
- We take defamation seriously. So should each person here.
- Social media is not a substitute for legal route to claims of fraud and criminal behaviour by either party.
- Many groups claim to be us, using fake names, similar phone number, stealing our signature colours and logo, but they are not authentic. Check the admin panel.
- These posts are made under the heading of “awareness/fraud alert”. The meaning of awareness should be providing some help and understanding of the issues prevalent.
– Admins: Priya Sogani & Chirag Pandya
PROVIDING YOU LEGAL AWARENESS
How to verify a marriage certificate:
One potential fraud from a tenant’s side risks all the tenants due to stereotypes but protecting them and protecting our authenticity is our purpose and goal. We have put in an email to the Ahmedabad Municipal Commission requesting them to verify the marriage certificate.
LEGAL DISCLAIMER: We are not judging the matter, this isn’t a court of law, we are simply providing a written report of the issue, as received, so far, to create awareness of the misuse and use of social media and its far-reaching implications on people.