HARDWARE giant Vinod Patel & Company has been ordered to pay Blue Pacific (Fiji) the sum of $226,571.30 as arrears of rent and an additional interest of $30,434.70.
Records of the civil action stated that Blue Pacific (plaintiff) had leased a land and building in Nausori to Vinod Patel (defendant) for 10 years beginning from November 1997 for a monthly rent of $1000.
According to the lease agreement, the parties agreed that the property was in rundown condition, and the defendant was allowed to make improvements (at their own cost) with the plaintiff’s approval.
After the expiration of the lease in 2007 the company continued to occupy the building and no request was made for an increase in rentals for nearly another eight years.
In November 2015, the plaintiff proposed a new lease at $11,000 a month for a two-year term, with renewal options.
The defendant did not agree to the proposed rent and suggested alternatives, which was rejected.
An eviction notice was filed and the defendant filed a counterclaim seeking equitable relief, but neither action proceeded as the defendant vacated the property in November 2021.
This meant that the defendant stayed in the property for about four years after being told to vacate it.
“For the said period, Plaintiff is entitled to damages, including aggravated damages, due to the undue benefit it had accrued,” stated Justice Deepthi Amaratunga in his September 11 judgment.
He also ordered punitive damages of $10,000, and the cost of this action was summarily assessed at $8000 to be paid within 21 days.
