1) issue legal notice to relative to refund your Rs 2lakhs with interest
2) since money has been transferred to his bank account you are able to prove transfer of funds
3) refuse to vacate the house unless landlord refunds your money
Nonrepayment of additional deposit by landlord
I am from Chennai and I have moved to a small town in Andhra in beginning of last year. The landlord who is a distant relative asked me to pay 2 lakhs as security deposit as he is in some financial trouble. I transferred the money to him in December 2015. I moved into his house in January 2016 and a normal agreement for 11 months was prepared but he asked not to mention 2 lakhs in agreement but only 10k as he might have some IT problems. So I believed him and did so. He did not renew the agreement after 11 months and now he has asked me to increase the rent or vacate, but he is not willing to repay 2 lakhs but says that as only 10k is mentioned in the agreement he shall pay that now. I have a feeling that he is planning to cheat me of my money. I have proof of payment as I transferred the money to his bank account but all other agreements were made verbally. Kindly advice me of the course of action.
Asked 8 years ago in Property Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
4 Answers
1. you should not vacate this house.
2. bank statement is sufficient to prove transfer of money, now burden of prove has sifted upon him to prove that he had not received that money.
3. writing 10000 in rent agreement cannot make that transaction void. it may be possible that your relative took 90k with a promise to refund within some days hence this amount has not been mentioned in the agreement.
4. your case is strong and you should file a civil suit for recovery of money and take possession over the house till the payment.
You should first issue a legal demand notice to the landlord stating that 2 lakh amount was transferred on so and so date towards agreement whereas the landlord refuses to return the same.
You can mention the the online transfer of money is an evidence which will speak the transfer of money .
Ask him to return the money lest he will be sued for the same.
Subsequently you can file a money recovery suit against him.
Hi
1) Since you have transferred money online to your distant relative who also happens to be a land lord, you can always claim the money as hand loan and claim it back from the distant relative
2) In your case, the unregistered lease agreement is incidental to the hand loan.
3) Issue legal notice to the distant relative and if the distant relative fails to repay the money, file a case under Order 37 of CPC .
4) Cases filed under Order 37 Cpc are called summary trial cases and these cases are decided on a fast track basis.
5) Also if you are staying in the the rental house of your distant relative, kindly ensure not to vacate the house and also refrain from paying rentals till the disposal of the case. As per law, the land lord cannot evict you till such time you have received the Security deposit in full.
Hope this information is useful.
