• Owner not giving security deposit

Dear All,

I have paid 5 lakhs as security deposit and entered into registered L&L agreement for 22 months with my landlord. I paid rent on time and did not violate any clause of L&L agreement. Owner defaulted bank loan dues and bank has taken the possession of property and I have shifted to another place.

Its been more than 20 days now and owner still not committing anything to return the security deposit. please guide what are my options. and I have to file a civil suit then how much time it will take to recover the deposit.

Regards,
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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5 Answers

1. To recover the money you will have to file civil suit for recovery of money.

2. Since civil suit takes some time you can file criminal case as wellto put pressure upon the landlord.

3. To file the criminal case you have to initiate prosecution against the landlord under section 429 of ipc.

4. However try to resolve the issue by amicable settlement first.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) issue legal notice to licensor to repay your security deposit

2) if he fails to pay file summary suit under order XXXVII of CPc to recover your security deposit

3) you can obtain interim reliefs within period of one year

4) if licensor does not contest you can obtain exparte decree within period of one year

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Before filing the civil suit you should issue a lawyer's notice to him, and if he does not refund then file the suit.

2. Civil suits run long in India.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir.......

According to your situation .......if you will file civil suit.it will decide in late period.......its better that you can file a criminal matter Under Section .419..420..of indian penal code....prepare the complaint and write down all the story........send it to the police station .through registry and physicallly......

Best Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

If your L&L agreement was valid as per law, you should not have vacated the rented premises until you got back your security deposit amount back.

Now yo have no option than to file a civil money recovery suit against the landlord.

The civil suits will generally run for at least two years or more.

First issue a legal demand notice to the landlord and then initiate the money recovery suit.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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